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HomeMy Public PortalAboutA 2017-07-31 CC - SP (Regular)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 Me 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 FILL OUT A FORM PROVIDED AT THE DOOR, 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 ITEMS ON FILE FOR CONSIDERATION AT THE SPECIAL MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON July 31, 2017 COUNCIL CHAMBERS RECEIVED July 27, 2017 CI'T'Y OF LYNWOOD MY CLERK OFFICI 11330 BULLIS ROAD, LYNWOOD, CA 90262 6:00 P.M. J MARIA TERESA SANTILLAN-BEAS MAYOR JOSE LUIS SOLACHE SALVADOR ALATORRE MAYOR PRO -TEM COUNCILMEMBER AIDE CASTRO COUNCILMEMBER CITY MANAGER ALMA K. MARTINEZ CITY CLERK MARIA QUINONEZ OPENING CEREMONIES CALL TO ORDER EDWIN E. HERNANDEZ COUNCILMEMBER CITY ATTORNEY NOEL TAPIA CITY TREASURER GABRIELA CAMACHO 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Salvador Alatorre Aide Castro Edwin E. Hernandez Jose Luis Solache Maria T. Santillan-Bess 4. PLEDGE OF ALLEGIANCE 5. INVOCATION PRESENTATIONS/PROCLAMATIONS • Sheriff Captain Carter — Update on Law Enforcement Issues • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). COUNCIL RECESS TO: • CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY • LYNWOOD HOUSING AUTHORITY • LYNWOOD UTILITY AUTHORITY • LYNWOOD PUBLIC FINANCING AUTHORITY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON -AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) CITY COUNCIL ORAL AND WRITTEN COMMUNICATION MARIA T. SANTILLAN-BEAS, MAYOR JOSE LUIS SOLACHE, MAYOR PRO TEM SALVADOR ALATORRE, COUNCILMEMBER AIDE CASTRO, COUNCILMEMBER EDWIN E. HERNANDEZ, COUNCILMEMBER CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. 8. MINUTES OF PREVIOUS MEETINGS: Regular Meeting — July 18, 2017 Special Meeting — July 18, 2017 9. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated July 31, 2017 for FY 2016-2017 and FY 2017-2018. (FIN) Recommendation: Staff recommends that the City Council approve the warrant register. 10. TREASURER'S QUARTERLY INVESTMENT REPORT Comments: Due to the crisis caused by the Orange County investment pool, the State Legislature in 1995 enacted SB564 and S6866. These laws were enacted as State Statutes to impose certain mandates regarding investments with public funds. The statutes have imposed the following mandates: 1. Annual adoption of an Investment Policy that incorporates changes mandated by the State. Quarterly Investment Reports presented to the Legislative Body or Board Members. 3. Restriction on the use of certain investment instruments. (CT) Recommendation: It is recommended that the City of Lynwood receive and file the attached Quarterly Investment Report. The following information provided in this report highlights the investment activity for the 4th quarter ending June 30, 2017. 11, SECOND READING OF ORDINANCE 1695; Adopt by title and waive reading, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING ZONE CHANGE NO. 2017-01 AT 3158 MARTIN LUTHER KING JR. BOULEVARD, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6170-029- 001, FROM C-3 (HEAVY COMMERCIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL) Comments: The City Council introduced the attached ordinance for first reading on July 18, 2017. (CL) Recommendation: Staff recommends that the City Council waive reading and adopt the attached ordinance, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING ZONE CHANGE NO. 2017-01 AT 3158 MARTIN LUTHER KING JR. BOULEVARD, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6170-029-001, FROM C-3 (HEAVY COMMERCIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL)" 12. PLAZA MEXICO RESIDENCES DTSC UPDATE (CASE NO. 2017-07) Comments: The property owner, 3000 E Imperial, LLC, entered into a CLRRA Agreement in July 2007 and completed a Site assessment by November 2007. The property owner proposed to redevelop the property with a mixed use, high-density, project. The proposed project, Plaza Mexico Residences, consists of commercial use on the ground/first floor and approximately 348 residential units above the commercial floor. Department of Toxic Substance Control ("DTSC") approved the Response Plan by June 2011 and the plan was implemented soon thereafter. The Response Plan proposed to soil vapor extraction to remove contamination in soil, in-situ treatment of contaminated groundwater, soil excavation and offsite disposal to address limited pockets of metals contamination and to file a land use restriction to monitor residual concentrations of the contaminants of concern in soil and groundwater. (DCE) Recommendation: Receive and File 13. APPROVAL OF ANNUAL ACTION PLAN FOR FY 2017-2018 Comments: The City of Lynwood receives an annual funding allocation in Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development (HUD). These funds are used to develop viable communities by promoting integrated approaches that provide and expand economic opportunities for low and moderate income persons. CDBG funds allow for a variety of eligible activities to assist low and moderate income persons. Examples include public services programs, and economic development activities. In order to receive Community Development Block Grant (CDBG) and HOME Investment Partnership Grant (HOME) funds, the Department of Housing and Urban Development (HUD) requires cities to submit a Annual Action Plan which serves as a planning document, an application for federal funds, a strategy to be followed in carrying out CDBG and HOME funded activities and a basis for assessing performance. (DCE) Recommendation: Approve the recommended allocations for the Community Development Block Grant and the HOME Program and approve resolution adopting the Annual Action Plan for FY 2017- 2018. 14. FINANCING UPDATE TO THE 2008 UTILITY AUTHORITY BONDS AND 2017A REFUNDING REVENUE BONDS Comments: On July 18, 2017, the City Council and Utility Authority undertook the following actions; 1. Adopted a Resolution of the City Council of Lynwood approving the issuance and sale by the Lynwood Utility Authority of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A, and authorizing and directing the execution thereof and authorizing actions related thereto. 2. Adopted a Resolution of the Lynwood Utility Authority approving the issuance and sale by the Lynwood Utility Authority of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A, approving an indenture of trust, escrow deposit and trust agreement, and first amendment to indenture of trust, authorizing and directing the execution thereof and authorizing actions related thereto. 3. Adopted a Resolution of the Lynwood Utility Authority approving the redemption of outstanding 2008 bonds; making certain determinations thereto; and authorizing certain actions related thereto (FIN) Recommendation: The Finance Department recommends that the City Council and Utility Authority receive and file this report. 15. MULTIYEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH THE FOLLOWING BARGAINING UNITS AND TERMS; LYNWOOD EMPLOYEES ASSOCIATION (LEA)/AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1920 (AFSCME) JULY 1, 2016 TO JUNE 30, 2020 & LYNWOOD EMPLOYEES MANAGEMENT GROUP (LEMG) JULY 1, 2017 TO JUNE 30, 2020 Comments: The Lynwood Employees' Association (LEA)/American Federation of State, County and Municipal Employees, Local 1920 (AFSCME) and the City have been in negotiations since the early spring on a new MOU. The MOU between LEA/AFSCME Local 1920 expired on June 30, 2016. Since then, hours and working conditions have remained the same. The Lynwood Employees Management Group (LEMG) and the City have been in negotiations since the early spring on a new MOU. The MOU between LEMG and the City expired on June 30, 2017. Since then, hours and working conditions have remained the same. (FIN) Recommendation: Staff respectfully requests that the City Council adopt the attached resolutions entitled; 1. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE LYNWOOD EMPLOYEES ASSOCIATION (LEA)/AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1920 (AFSCME) WHICH SETS FORTH ALL WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT." 2. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE LYNWOOD EMPLOYEES MANAGEMENT GROUP (LEMG) WHICH SETS FORTH ALL WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT." 16. RECEIVE AND FILE A REPORT ON CHANGE ORDERS FOR THE CITY HALL ANNEX CONSTRUCTION (CIP 67.011) Comments: Lynwood Municipal Code (LMC) Section 6-3.15(f) requires the City Manager to report to the City Council on modifications and change orders every three months. The construction of the City Hall Annex started on October 4, 2016. On December 1, 2017, the first change order was issued. On March 7, 2017, staff reported to the City Council on change orders approved. The purpose of this item is to report to the City Council the change orders approved by the City Manager since the last report that have resulted in a change in contract price with Tobo Construction Inc. and Robert Coffee + Associates. (PW) Recommendation: Staff recommends that the City Council receive and file this item. 17. ASSURANCES AND UNDERSTANDINGS REGARDING RECEIPT AND USE OF LOCAL RETURN FUNDS Comments: Measure M was approved by the voters of Los Angeles County on November 8, 2016 to improve transportation and ease traffic congestion. The Measure M Ordinance specifies that Local Return funds are to be used for transportation purposes. Metro requires jurisdictions to submit Assurances and Understanding agreements before participating in the Local Return 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 AUTHORIZING THE CITY MANAGER TO EXECUTE ASSURANCES AND UNDERSTANDINGS AGREEMENTS REGARDING RECEIPT AND USE OF MEASURE M LOCAL RETURN FUNDS AND OTHER LOCAL RETURN FUNDS." 18. ADOPTION OF PLANS AND SPECIFICATIONS, AND APPROVAL OF APPROPRIATION FOR BIRCH STREET, FIR STREET, LUGO AVENUE, PLATT AVENUE STREET AND WATER IMPROVEMENT PROJECT Comments: On February 1, 2016, City Council approved Community Development Block Grant (CDBG) funding to design and rehabilitate several streets, in the amount of $629,983. The list includes Birch Street (from Platt Avenue to Fernwood Avenue); Fir Street (from Fernwood Avenue to Walnut Avenue); Lugo Avenue (from Bullis Road to Spruce Avenue); Platt Avenue (from Birch Street to Fernwood Avenue); Walnut Avenue (from Spruce Avenue to Birch Street); Redwood Avenue (from State Street to Peach Street). (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE PLANS AND SPECIFICATIONS FOR BIRCH STREET, FIR STREET, LUGO AVENUE, PLATT AVENUE STREET AND WATER IMPROVEMENT PROJECT; AND AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE UNAPPROPRIATED CDBG, WATER AND MEASURE R FUNDS; AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO SOLICIT BIDS FOR THE STREET AND WATER IMPROVEMENT PROJECT." 19. REQUEST TO EXTEND INTERIM STAFFING SERVICES Comments: Urban Associates, under a Professional Services Agreement ("Agreement"), has been providing interim consulting services for the position of Interim Director of Community Development ("CD") to provide management oversight of the divisions of Planning/Building and Safety, Public Safety and CDBG/HUD Housing. (FIN) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXTEND AN AGREEMENT WITH URBAN ASSOCIATES TO CONTINUE PROVIDING INTERIM PROFESSIONAL CONSULTING SERVICES TO THE COMMUNITY DEVELOPMENT DEPARTMENT IN A NOT -TO -EXCEED AMOUNT OF $165,000" NEW/OLD BUSINESS 20. AUTHORIZATION TO PURCHASE METER READING HANDHELDS AND METERS Comments: The City's Water Division currently uses Sensus handheld system that is 12-15 years old. The handhelds are used to enter readings for each water meter. The readings are later uploaded at the Water Billing Division to generate billings. These handheld meters are normally replaced every 5-7 years. The Water Division currently only has two (2) devices, and because of their age, they are having issues. Therefore, staff is recommending to purchase two new handhelds that are compatible with the smart metering technology. In addition, staff is recommending to purchase 25 smart water meters to be installed at various locations. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PURCHASE OF TWO WATER METER READING HANDHELDS AND TWENTY- FIVE SMART WATER METERS." 21. NOTICE OF COMPLETION FOR THE WATER WELL NO. 19 REHABILITATION PROJECT (4011.67.009) AND AMENDMENT TO WATER WORKS TECHNOLOGY AGREEMENT Comments: On January 2016, Water Well No. 19 was placed out of service due to severe vibration that the well pump was experiencing when pumping water out to the City's water system. Due to the severity of the well vibration, staff determined that the water pump and equipment of Well No. 19 needed to be pulled out of the ground, inspected and repaired in order to correct the deficiencies that were causing the well vibration. Since it was not possible to determine the cause of the vibration until the well was inspected, the contractor, as part of the project, needed to provide a proposal to repair the deficiencies; to be handled via a change order. (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 WATER WELL NO. 19 REHABILITATION PROJECT (CIP 4011.67.009) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDERS OFFICE AND THE RELEASE OF THE 5% RETENTION AFTER 35 DAYS AFTER THE RECORDATION; AND AMENDING THE CONTRACT WITH WATER WORKS TECHNOLOGY FOR WORK DONE IN RELATION TO THE PROJECT." 22. CALIFORNIA CONSULTING, LLC AGREEMENT Comments: On July 19, 2016, the Lynwood City Council approved a contract agreement (Resolution #2016.153) with California Consulting, LLC for grant writing services. The term of the agreement was from July 1, 2016 through June 30, 2017. The City wishes to consider renewing the services of California Consulting, LLC. (REC) Recommendation: Staff recommends that the City Council approve the attached resolution entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CALIFORNIA CONSULTING, LLC TO PROVIDE GRANT WRITING SERVICES TO THE CITY THROUGH JUNE 30, 2018 FOR AN ESTIMATED ANNUAL COST OF $36,000." 23. CONSIDERATION OF A RESOLUTION APPROVING A PROPOSED DESIGN FOR A DECORATIVE CITY MONUMENT SIGN AND ISSUANCE OF PLANS, SPECIFICATIONS AND ENGINEERING DOCUMENTS FOR BIDDING PURPOSES Comments: At its meeting held on May 2, 2017, the Lynwood City Council recognized winning entries for the "Welcome to Lynwood" student -based street sign design competition. The winning entries were then to be used as inspiration for professionally developed, vehicular gateway entry monument sign designs. Staff forwarded the design choices to the City's engineering consultant in an effort to incorporate those certain prominent design features from the winning student concepts into a new cohesive and unified monument gateway vehicular entrance sign that could be used in various locations throughout the City. (REC) Recommendation: Staff respectfully requests that the City Council consider approving the Plans, Specifications and Engineering documents (PS&E) for a proposed decorative City monument sign to be located at four separate locations throughout the City and authorize staff to issue the PS&E for design and build bidding through adoption of the accompanying resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AUTHORIZING THE MAYOR TO APPROVE THE DESIGN FOR A DECORATIVE CITY MONUMENT SIGN AND DIRECT STAFF TO ISSUE THE PLANS, SPECIFICATIONS AND ENGINEERING DOCUMENTS FOR DESIGN AND BUILD BIDDING." 24. INTRODUCE AN ORDINANCE FOR FIRST READING ESTABLISHING A CITIZEN OVERSIGHT COMMITTEE TO ADVISE ON COMMERCIAL CANNABIS AND THE EXPENDITURE OF MEASURE PS FUNDS Comments: In furtherance of the goals of the Commercial Cannabis Business objectives, and in furtherance of the requirement to create a citizen oversight committee upon the approval of Measure PS, the City of Lynwood desires to create a Citizen Oversight Committee to assist and provide guidance to the City Council on policy matters relating to the Commercial Cannabis Industry and the expenditure of Measure PS funds. (CA) Recommendation: Staff recommends: That City Council introduce an Ordinance for First Reading entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ADDING SECTION 2-28, "CITIZEN OVERSIGHT COMMITTEE" TO CHAPTER 2, "ADMINISTRATION" OF THE LYNWOOD MUNICIPAL CODE, ESTABLISHING THE PROCEDURES OF A CITIZEN OVERSIGHT COMMITTEE TO ADVISE ON COMMERCIAL CANNABIS AND THE EXPENDITURE OF MEASURE PS FUNDS, AND PROVIDING THE TERMS AND RESPONSIBILITIES OF THE COMMITTEE MEMBERS" 2. That City Council bring back the Ordinance for Second Reading and Adoption on August 15, 2017. ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON AUGUST 15, 2017 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. AGENDA STAFF REPORT N DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manager} 1 PREPARED BY: Maria Quinonez, City Clerk Lourdes Morales, Interim Deputy City Clerk SUBJECT: Lynwood City Council Minutes Recommendation: Staff recommends the Lynwood City Council approve the following minutes: • Special Meeting — July 18, 2017 • Regular Meeting - July 18, 2017 Background: N/A Discussion & Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A AGENDA ITEM LYNWOOD CITY COUNCIL SPECIAL MEETING MINUTES JULY 18, 2017 Item #1. CALL TO ORDER The City Council of the City of Lynwood met in a special meeting in the Council Chambers, 11330 Bullis Road, Lynwood, CA on the above date at 5:00 p.m. Mayor Santillan-Beas presiding. Item #2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK City Clerk Quinonez announced the agenda had been duly posted in accordance with the Brown Act. Item #3. ROLL CALL OF COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS ABSENT: COUNCIL MEMBER ALATORRE STAFF PRESENT: City Manager Martinez, City Attorney Tapia and City Clerk Quinonez. STAFF ABSENT: City Treasurer Camacho and Deputy City Treasurer Harding. Item #4. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was postponed to the regular meeting at 6:00 p.m. Item #5. INVOCATION The invocation was postponed to the regular meeting at 6:00 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE CLOSED SESSION City Attorney Tapia led the City Council into closed session. Lynwood City Council Special Meeting Minutes—July 18, 2017 MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Castro to recess to closed session at 5:02 p.m. Motion carried by unanimous consent. The City Council reconvened at 5:24 p.m. Item #6. Closed Session Items City Attorney Tapia reported on the following items: A. With respect to every item of business to be discussed in closed session pursu- ant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Number of Cases: Three (2) There was No Reportable Action on the first case. The second case was not considered. B. With respect to every item of business to be discussed in closed session pursu- ant to Government Code Section 54956:95: Conference with legal counsel and consideration of possible resolution of worker's compensation claim. Claim No. 14-120907 Agency Claim Against: City of Lynwood There was No Reportable Action pertaining to this matter. CONSENT CALENDAR MOTION: It was moved by Council Member Castro, seconded by Mayor Pro Tem Solache to approve the consent calendar. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE 2 Lynwood City Council Special Meeting Minutes—July 18, 2017 ABSENT: COUNCIL MEMBER ALATORRE Item #7. TOWING AND STORAGE SERVICES CONTRACT WITH MR. C'S TOW- ING OF SOUTH GATE, INC. RESOLUTION NO. 2017.134 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MR. C'S TOWING OF SOUTH GATE, INC FOR TOWING AND STORAGE SERVICES FOR THE PERIOD ENDING JUNE 30, 2020, WITH THE OPTION OF TWO (2) ONE YEAR EXTENSIONS, WITH PERFORMANCE REVIEWS AT THE END OF EVERY OPERATING YEAR NEW/OLD BUSINESS Item #8. COMMERCAL CANNABIS APPLICATIONS MOTION: It was moved by Council Member Castro, seconded by Council Member Her- nandez to approve staff's recommendations to negotiate developments with each se- lected applicant. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE ADJOURNMENT Having no further discussion, it was moved by Council Member Castro, seconded by Mayor Santillan-Beas to adjourn the special Lynwood City Council meeting at 5:28 p.m. Motion carried by unanimous consent. Maria T. Santillan-Beas, Mayor Maria Quinonez, City Clerk LYNWOOD CITY COUNCIL REGULAR MEETING MINUTES July 18, 2017 Item #1. CALL TO ORDER The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road, Lynwood, CA on the above date at 6:00 p.m. Mayor Santillan-Beas presiding. Item #2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK City Clerk Quinonez announced the agenda had been duly posted in accordance with the Brown Act. Item #3. ROLL CALL OF COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS ABSENT: COUNCIL MEMBER ALATORRE STAFF PRESENT: City Manager Martinez, City Attorney Tapia, City Clerk Quinonez and Deputy City Treasurer Harding. STAFF ABSENT: City Treasurer Camacho Item #4 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Sheriff's Explorers. Item #5. INVOCATION The invocation was offered by City Clerk Quinonez. Item #6. PRESENTATIONS/PROCLAMATIONS • Sheriff Captain Carter — Update on Law Enforcement Issues Lieutenant Holguin commented on his department's collaboration to provide mental awareness training to the City's Parking and Code Enforcement staff per the City Manager's request, and provided the City Council with traffic related updates for the past six months. Additionally, Lieutenant Holguin provided statistics relevant to red light camera citations and introduced the summer sheriff deputy team. Lynwood City Council Regular Meeting Minutes—July 18, 2017 Council Members thanked the Lieutenant for the additional summer patrol and recommended the deputies also be courteous and continue building relationships with the community to elevate morale. Gabriela Medina and Gabby Sid made their introduction as the new field representatives for Congresswomen Nanette Barragan and spoke on upcoming events and efforts. Council Member Castro commented on building effective working relationships with Congresswoman Barragan's team and on the productivity of environmental workshops hosted by such organizations as the EPA, via Congresswoman Barraga's leadership, to educate the residents on future possible developments. Ms. Medina shared her willingness to work with the City and EPA in identifying locations that qualify for Superfu nd's/g rants. Following, Mayor Pro Tem Solache commended the representatives for their efforts throughout the southeastern communities thus far, and spoke on excluding outside influences in the City of Lynwood's decision making. Additionally, Council Member Hernandez welcomed the representatives and echoed comments previously mentioned regarding environmental funding allocations. The Mayor thanked Ms. Medina and Ms. Sid for their attendance and extended her readiness to collaborate on hosting a Town Hall meeting. Daniela Rodriguez, American Cancer Society Relay for Life co -event lead, presented the City Council with certificates from Congresswoman Barragan, Senator Ricardo Lara and Relay for Life for their participation. Ms. Rodriguez shared her hair donation story and stated she was humbled to contribute to this cause. Mayor Pro Tem Solache spoke on the amount of money raised during this event and encouraged everyone to get their check-ups in an effort to combat cancer. Mayor Pro Tem Solache also invited the community to participate in next year's Relay for Life event. Employee Quarterly Month Award - The Mayor and Members of the City Council presented Maria Morales with an award and applauded her outstanding work as an employee. Ms. Morales thanked the City Council and her supervisors for believing in her. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). There were no meetings reported. Item #7. CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY MOTION: It was moved by Council Member Castro; seconded by Mayor Pro Tem Solache to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 8:17 p.m. Motion carried by unanimous consent. 2 Lynwood City Council Regular Meeting Minutes—July 18, 2017 LYNWOOD UTILITY AUTHORITY MOTION: It was moved by Council Member Castro, seconded by Council Member Hernandez to recess to the Lynwood Utility Authority at 8:30 p.m. Motion carried by unanimous consent. The City Council reconvened to the regular City Council meeting at 8:30 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Ruth Enesa, Julian Del Real Calleros, Rowland Becerra, Brenda Rivera, Felix Quintana, Mark Inigues, Mr. Ibarra, Josue, Gabriela Gonzalez, Francisco, Chris Diaz, Ryan Gadda spoke in support of Item No. 25 and the preservation of the arts in the City of Lynwood. Julian del Real Calleros and Rowland Becerra also spoke in support of item 23. NON -AGENDA PUBLIC ORAL COMMUNICATIONS Roberto Castro commented on concerns regarding the property located at 3000 East Imperial and its development. Francisco Chavez voiced concerns regarding parking congestion near Mariscos Nayarit and spoke is in opposition of new housing construction in Plaza Mexico. Anna Maria Barraza spoke in opposition to the proposed housing construction in Plaza Mexico, parking issues and concerns relating to the disposal of toxic waste. Josephine Martinez spoke on parking concerns near her home. Elizabeth commented on parking issues near her home and the empty lot near Auto Zone. Lee Sampson spoke in support of the permit parking. Tom Mestas spoke on maintenance and funding concerns relating to his multiunit property. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Castro commented on restrictions applicable to CALHOME grants and spoke on additional funding options for multiunit owners. She also spoke on resolutions to parking issues in Plaza Mexico and provided clarification on the vacant lot near Auto Zone. Furthermore, Council Member Castro commented on the use of the proposed development in Plaza Mexico. Council Member Hernandez thanked the community for their attendance and their input on agenda items. V Lynwood City Council Regular Meeting Minutes—July 18, 2017 Mayor Pro Tem Solache thanked the attendees, commented on the progression of the items on the agenda and acknowledged City Manager Martinez for recently hosting The Coffee with the City Manager community event. Moreover, Mayor Pro Tem Solache reported attending the Union event and shared his enthusiasm for the established Union Depot Center. Lastly, Mayor Pro Tem Solache requested the meeting be adjourned in memory of Blanca Mendoza. Mayor Santillan-Beas commented on her attendance to successful events for the Union and Coffee with the City Manager. The Mayor announced four additional deputies were hired to patrol the City during the summer and commented on cleanup efforts by CalTrans and the City. The Mayor additionally thanked the public for their attendance and stated that parking concerns were very important to the City Council. She shared her enthusiasm to approve three streets requesting permit parking on tonight's agenda. PUBLIC HEARING Item #8. LYNWOOD LIGHTING ASSESSMENT DISTRICT, FY 2017-2018 MOTION: It was moved by Council Member Castro, seconded by Council Member Hernandez to open the public hearing. Motion carried by unanimous consent. Public Works Director Raul Godinez presented a brief report concerning the lighting assessment district. MOTION: It was moved by Council Member Castro, seconded by Council Member Hernandez to close the public hearing. MOTION: It was moved by Council Member Castro, seconded by Council Member Hernandez to approve staff's recommendation. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE RESOLUTION NO. 2017.135 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-2018 Item #9. LYNWOOD LANDSCAPE ASSESSMENT DISTRICT, FY 2017-2018 MOTION: It was moved by Council Member Castro, seconded by Mayor Santillan-Beas to open the public hearing. Motion carried by unanimous consent. 4 Lynwood City Council Regular Meeting Minutes—July 18, 2017 Public Works Director Raul Godinez presented a brief report concerning the landscape assessment district. MOTION: It was moved by Council Member Castro, seconded by Council Member Hernandez to close the public hearing. Motion carried by unanimous consent. MOTION: It was moved by Council Member Castro, seconded by Council Member Hernandez to approve staff's recommendation. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE RESOLUTION NO. 2017.136 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017- 2018 Item #10. NOTICE OF STATUTORY EXEMPTION, GENERAL PLAN AMENDMENT NO. 2017-01, ZONE CHANGE (ZC) NO. 207-01 MOTION: It was moved by Council Member Castro, seconded by Mayor Santillan-Beas to open the public hearing. Motion carried by unanimous consent. MOTION: It was moved by Council Member Castro, seconded by Mayor Santillan-Beas to close the public hearing. Motion carried by unanimous consent. MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Castro to approve staffs recommendation. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE City Attorney conducted the first reading of title Ordinance 1695. Lynwood City Council Regular Meeting Minutes—July 18, 2017 RESOLUTION NO. 2017.137 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING AN AMENDMENT TO THE GENERAL PLAN FOR CHANGING A COMMERCIAL LAND USE DESIGNATION TO SIGNLE-FAMILY RESIDENTIAL (GPA 2017-01) ORDINANCE 1695 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING ZONE CHANGE NO. 2017-01 AT 3158 MARTIN LUTHER KING JR. BOULEVARD, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6170- 029-001, FROM C-3 (HEAVY COMMERCIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL) CONSENT CALENDAR Item No.'s 14 and 15 were pulled from the consent calendar for separate consideration as requested by Council Member Castro and Mayor Santillan-Beas. MOTION: It was moved by Council Member Hernandez, seconded by Council Member Castro to approve the balance of the consent calendar. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE Item #11. MINUTES OF PREVIOUS MEETINGS: Regular Meeting — July 5, 2017 Special Meeting — July 5, 2017 Item #12. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2017.138 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #13. NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE LUCY AVALOS COMMUNITY CENTER (CIP 4011.67.007), ADDITIONAL APPROPRIATION FOR CCMI ON THE LABOR COMPLIANCE, AND ACCEPTANCE OF A REPORT ON CHANGE ORDERS Lynwood City Council Regular Meeting Minutes—July 18, 2017 RESOLUTION NO. 2017.139 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE WORK DONE BY CAL CITY CONSTRUCTION INC. ON THE YVONNE BURKE- JOHN D. HAM (LUCY AVALOS COMMUNITY CENTER) (CIP 4011.67.007) AS COMPLETE; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER, TO RELEASE THE 5% RETENTION PAYMENT LESS ANY WITHHOLDING AFTER 35 DAYS AFTER RECORDATION, TO CONTINUE TO WITHHOLD PAYMENTS RELATED TO LABOR COMPLIANCE RETENTION AND RELEASE SUCH PAYMENT WHEN DEEMED NECESSARY, AND TO RETAIN AND/OR RELEASE LIQUIDATED DAMAGES AS NEGOTIATED RESOLUTION NO. 2017.140 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE CONTRACT WITH CONTRACTOR COMPLIANCE INC. IN AN AMOUNT NOT TO EXCEED $18,795 TO CONTINUE TO ADDRESS THE LABOR COMPLIANCE ISSUE ON THE PROJECT AND APPROVING AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $18,795 FROM THE GENERAL FUND RESOLUTION NO. 2017.141 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE REPORT ON THE MODIFICATIONS, AMENDMENTS AND CHANGE ORDERS APPROVED BY THE CITY MANAGER FOR THE YVONNE BURKE-JOHN D. HAM PARK COMMUNITY CENTER (CIP 67-007) Item #14. INTENT TO LEVY PARKING AND BUSINESS IMPROVEMENT DISTRICT (PBID) ANNUAL ASSESSMENT AND APPROVE THE PBID ANNUAL SPENDING PLAN FOR FISCAL YEAR 2017-18 (Pulled) City Manager Martinez made corrections to the item relative to the agreement. MOTION: It was moved by Mayor Santillan-Beas, seconded by Council Member Castro to approve staff's recommendations along with the City Manager's modifications. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE RESOLUTION NO. 2017.142 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE REPORT OF THE PARKING AND BUSINESS IMPROVEMENT DISTRICT (PBID) ADVISORY BOARD SETTING THE ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR 7 Lynwood City Council Regular Meeting Minutes—July 18, 2017 FISCAL YEAR 2017-2018; APPROVING THE PBID FISCAL YEAR 2017-2018 SPENDING PLAN AND FIXING THE TIME AND PLACE FOR THE PUBLIC HEARING FOR THE LEVY OF THE ASSESSMENT Item #15. PLAZA MEXICO TENTATIVE PARKING REPLACEMENT PLAN (Pulled) Council Member Castro made clarifications relative to this item and stated parking issues would be considered throughout the progression -of the proposed project in Plaza Mexico to ensure appropriate parking was allocated. She also spoke on obtaining input/support through community outreach relating to permit parking in an effort to address parking concerns in residential areas. Council Member Hernandez commented on enforcing the law pertaining to garage conversions and ensuring the new construction in Plaza Mexico has adequate parking and is safe and clean for use. Report was received and filed. Item #16. AN AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH INFRASTRUCTURE ENGINEERS FOR PLANNING AND BUILDING STAFF SERVICES RESOLUTION NO. 2017.143 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT OT THE CONSULTING SERVICES AGREEMENT WITH INFRASTURCTURE ENGINEERS UTILIZING UNEXPECTED FUNDS FROM THE 2017 DEPARTMENT BUDGET IN THE AMOUNT OF $84,000 RELATING TO UNFUNDED WORK PERFOMED WITHIN TERM OF THE FISCAL YEAR 2017 AGREEMENT AS NEEDED FOR PLANNING AND BUILDING STAFF SERVICES Item #17. PROFESSIONAL SERVICES FOR MUNICIPAL FINANCIAL ADVISOR RESOLUTION NO. 2017.144 ENTITLED: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND THE LYNWOOD HOUSING AUTHORITY, AS SUCCESSOR TO THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE USE OF WILLIAM REYNOLDS OF URBAN FUTURES, INC, FOR PROFESSIONAL FINANCIAL ADVISORY SERVICES REGARDING THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE CITY OF LYNWOOD Item #18. REQUEST TO ADOPT AN ANTI -FRAUD POLICY RESOLUTION NO. 2017.145 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY, OF LYNWOOD ADOPTING, AN ANTI -FRAUD POLICY Item#19. TEMPORARY AUDIT PREPARATION STAFFING REQUEST - FINANCE 0 Lynwood City Council Regular Meeting Minutes—July 18, 2017 RESOLUTION NO. 2017.146 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXTEND THE MEMORANDUM OF UNDERSTANDING (MOU) WITH LAURIE MARSCHER, CPA ON AN INTERIM BASIS THROUGH MARCH 2018 Item #20. REQUEST FOR AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS FOR ASSESSMENT ENGINEERING SERVICES RELATED TO THE CITY'S SPECIAL ASSESSMENT DISTRICTS RESOLUTION NO. 2017.147 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR ASSESSMENT ENGINEERING SERVICES RELATED TO THE CITY'S SPECIAL ASSESSMENT DISTRICTS Item #21. REQUEST FOR AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS FOR REASSESSMENT ENGINEERING SERVICES RELATED TO THE CITY'S SPECIAL ASSESSMENT DISTRICTS AND A FINANCIAL REVIEW OF EXISTING AND ANTICIPATED FUTURE SPECIAL ASSESSMENT DISTRICTS RESOLUTION NO. 2017.148 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR REASSESSMENT ENGINEERING SERVICES RELATED TO THE CITY'S SPECIAL ASSESSMENT DISTRICTS AND A FINANCIAL REVIEW OF EXISTING AND ANTICIPATED FUTURE SPECIAL ASSESSMENT DISTRICTS NEW/OLD BUSINESS Item #22. REQUEST TO CONVENE THE CITY COUNCIL AND UTILITY AUTHORITY TO CONSIDER CERTAIN RESOLUTIONS RELATED TO THE REDEMPTION OF THE 2008 UTILITY AUTHORITY BONDS AND 2017A REFUNDING REVENUE BONDS Council Member Castro voiced concerns regarding the lack of information pertaining to fees presented in the staff report. Director of Finance Jose Ometeotl further clarified that all fees were identified in the proposals; however, City Council concluded that further clarification was needed in order to take action on this item. City Council tabled this item by unanimous consent. Mayor Santillan-Beas requested additional clarification on this item during the consideration of Item No. 4 of the Lynwood Utility Authority. Staff offered City Council further explanation in relation to time sensitive deadlines. Staff advised the City Council that an RFP was conducted and this firm was selected with accurate calculations of the Lynwood City Council Regular Meeting Minutes—July 18, 2017 fees for services being rendered. Financial Consultants also extended a timeline of events to the City Council and assured no additional costs would be incurred. MOTION: It was moved by Council Member Castro, seconded by Mayor Santillan-Beas to approve this item in conjunction with the regular Lynwood Utility Authority Item No. 4 provided this item be brought back with specific computations for costs associated with the services. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: COUNCIL MEMBER HERNANDEZ ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE RESOLUTION NO. 2017.149 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE ISSUANCE AND SALE BY THE LYNWOOD UTILITY AUTHORITY OF ITS LYNWOOD UTILITY AUTHORITY ENTERPRISE REFUNDING REVENUE BONDS, 2017 SERIES A, AND AUTHORIZING AND DIRECTING THE EXECUTION THEREOF AND AUTHORIZING ACTIONS RELATED THERETO Item #23. RESIDENTIAL PERMIT PARKING FOR SECOND AVENUE AND LAVINIA AVENUE (ZONE) 1 AND 112TH STREET AND LORRAINE AVENUE (ZONE 2) Mayor Santillan-Beas recommended diminishing the amount (percentage) of signatures required to request permit parking on residential streets and posed questions regarding signage on the streets being considered for approval. Public Safety Manager JD Whitaker explained that permit parking signs were procured and would be erected within fifteen to twenty days. Following, Mayor Pro Tem Solache recommended enforcement of permit parking and street sweeping hours be advertised through the City's newsletter to provide residents with ample time to adjust. Further comments were made by staff and City Council addressing a possible ripple effect for future permit parking requests. Council Member Hernandez commended staff and residents for their united effort to accomplish their goal and recommended placing street sweeping enforcement on a future City Council agenda. City Council held further conversation relating to methods of enforcing street sweeping hours. MOTION: It was moved by Council Member Hernandez, seconded by Council Member Castro to approve staff's recommendation. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE 10 Lynwood City Council Regular Meeting Minutes—July 18, 2017 ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE RESOLUTION NO. 2017.150 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING RESIDENTIAL PERMIT PARKING DISTRICTS, LYNWOOD RPPD 1 — 12000 BLOCK OF SECOND AVENUE, 4200 BLOCK OF NILAND STREET AND 4200 BLOCK OF LAVINIA AVENUE; AND LYNWOOD RPPD 2 — 2600 BLOCK OF 112TH STREET AND 11000 BLOCK OF LORRAINE AVENUE Item #24. APPROVAL OF -AN AGREEMENT WITH INFRASTRUCTURE ENGINEERS TO PROVIDE INTERIM STAFFING AND ENGINEERING MANAGEMENT SERVICES TO MANAGE CAPITAL IMPROVEMENT PROJECTS FOR FISCAL YEAR 2017/18 MOTION: It was moved by Council Member Castro, seconded by Council Member Hernandez to approve staff's recommendation. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE RESOLUTION NO. 2017.151 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT WITH INFRASTRUCTURE ENGINEERS TO PROVIDE INTERIM STAFFING AND ENGINEERING MANAGEMENT SERVICES AND TO PROVIDE GENERAL ENGINEERING AND MANAGE CERTAIN CAPITAL IMPROVEMENT PROJECTS IN AN AMOUNT NOT TO EXCEED $500,000 FOR FISCAL YEAR 2017- 2018 Item #25. LYNWOOD UNION GALLERY FACILITY USE AGREEMENT MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Castro to approve staff's recommendation. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER ALATORRE 11 Lynwood City Council Regular Meeting Minutes—July 18, 2017 RESOLUTION NO. 2017.152 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING STAFF TO ENTER INTO A LEASE AGREEMENT WITH THE LYNWOOD UNION FOR USE OF THE BYORK BUILDING LOCATED AT 3780 MARTIN LUTHER KING, JR. BLVD ADJOURNMENT Having no further discussion, it was moved by Council Member Castro, seconded by Mayor Pro Tem Solache to adjourn the regular Lynwood City Council meeting in memory of Blanca Mendoza Rodriguez at 8:30 p.m. Motion carried by unanimous consent. Maria T. Santillan-Beas, Mayor 12 Maria Quinonez, City Clerk '�,Rz� AGENDA STAFF REPORT 11 1 la4 I! DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma Martinez, City Manage PREPARED BY: Jose Ometetotl, Director of Finance �l Lilly Hampton, Accounting Technician1� SUBJECT: Approval of the Warrant Registers Recommendation: Staff respectfully recommends that the Lynwood City Council approve the warrant registers dated August 1, 2017 for FY 2016-2017 and FY 2017-2018. -------------------Attached Warrant Registers dated August 1, 2017 FY -2016-2017 apCkHist Void -Check Listing Page: 1 07/26/2017 5:02PM City of Lynwood Bank code: apbank Void Check # Date Vendor 187282 05/02/2017 000066 DAPEER, ROSENBLIT & 188092 07/18/2017 010105 CPRS DISTRICT 10 188114 07/18/2017 001895 HARRINGTON 188129 07/18/2017 001256 CARLA LINDSAY 188130 07/18/2017 010645 EVELYN LLAMAS 5 checks in this report Status Clear/Void Date Reason-Void/Reissue Ck# Inv. Date Amount Paid Check Total V 07/19/2017 Stale dated 01/31/2017 246.20 246.20 V 07/19/2017 Wrong Payee 188328 05/19/2017 20.00 20.00 V 07/19/2017 WRONG AMOUNT 06/05/2017 440.48 440.48 V 07/25/2017 WRONG AMOUNT 188289 06/06/2017 314.05 V 07/25/2017 001256053017 06/06/2017 213.90 527.95 V 07/25/2017 WRONG PAYEE 188290 06/26/2017 119.00 119.00 apbank Total: 1,353.63 Total Checks: 1,353.63 Page: 1 FY -2017-2018 vchlist Prepaid -Check List Page: 2 07/18/2017 5:13:28PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188189 7/18/2017 000163 SOUTHERN CALIFORNIA EDISON 000163071217 LIGHT & POWER SERVICES -6/2017 6051.45.450.65001 15,754.19 000163071317 LIGHT & POWER SERVICES -6/12/2017-7/12/2017 2051.45.430.65001 72.12 2651.45.425.65001 143.21 000163071317-A LIGHT & POWER SERVICES -6/12/2017-7/12/2017 2051.45.430.65001 43.07 2651.45.425.65001 269.43 000163071417 LIGHT & POWER SERVICES -6/13/2017-7/13/2017 2651.45.425.65001 64.70 000163071417-A LIGHT & POWER SERVICES -6/7/2017-7/7/2017 2651.45.425.65001 8,273.83 000163071517 LIGHT & POWER SERVICES -6/5/2017-7/6/2017 6051.45.450.65001 9,308.28 000163071517-A LIGHT & POWER SERVICES -6/5/2017-7/6/2017 2051.45.430.65001 112.81 Total : 34,041.64 1 Vouchers for bank code : apbank Bank total : 341041.64 1 Vouchers in this report Total vouchers : 34,041.64 Page: 2 FY -2016-2017 vchlist Prepaid -Check List Page: 3 07/19/2017 1:00:45PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188190 7/19/2017 004679 TIME WARNER CABLE 6263070817 1 Vouchers for bank code : apbank 1 Vouchers in this report CITY HALL - INTERNET SERVICES -6/2017 12-000112 1011.65.290.64399 189.99 12-000112 6051.65.290.64399 190.00 Total : 379.99 Bank total : 379.99 Total vouchers : 379.99 Page: 3 FY -2017-2018 vchlist 07/25/2017 10:41:49AM Prepaid -Check List City of Lynwood Page: 4 Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188191 7/25/2017 000141 AT&T 3378414401070717 TELEPHONE SERVICE -7/2017 6051.45.450.64501 33.22 3378414402070717 TELEPHONE SERVICE -7/2017 6051.45.450.64501 33.41 Total : 66.63 188192 7/25/2017 000163 SOUTHERN CALIFORNIA EDISON 00016302117 LIGHT & POWER SERVICES -6/19/2017-7/19/2017 2051:45.430.65001 186.39 2651.45.425.65001 76.14 000163062017-E LIGHT & POWER SERVICES -6/19/2017-7/19/2017 1011.45.415.65001 293.87 2651.45.425.65001 2,813.57 2051.45.430.65001 181.78 1011.60.710.65001 4,664.27 1011.60.720.65001 3,859.67 2651.45.425.65001 196.85 2051.45.430.65001 140.54 Total : 123413.08 2 Vouchers for bank code : apbank Bank total : 12,479.71 2 Vouchers in this report Total vouchers : 12,479.71 Page: 4 FY -2016-2017 vchlist Check List Page: 5 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188193 8/1/2017 000884 A DIVISION OF SULLY -MILLER, BLUE 954647 ASPHALT - COLD OR HOT MIX -6/2017 06-006511 6051.45.450.65020 1,347.63 Total : 13347.63 188194 8/1/2017 000908 A.Y. NURSERY, INC. 0094761 NURSERY SUPPLIES -2/2017 06-006720 2701.45.610.65020 522.59 Total : 522.59 188195 8/1/2017 009575 ACRYLATEX COATING & RECYCLING 12848 PAINT SUPPLIES FOR GRAFFITI REMOVAL -6/2017 06-006709 2051.45.410.65020 387.20 12849 PAINT SUPPLIES FOR GRAFFITI REMOVAL -6/2017 06-006709 2051.45.410.65020 387.20 12850 PAINT SUPPLIES FOR GRAFFITI REMOVAL -6/2017 06-006709 2051.45.410.65020 453.05 12851 PAINT SUPPLIES FOR GRAFFITI REMOVAL -6/2017 06-006709 2051.45.410.65020 113.26 Total : 1,340.71 188196 8/1/2017 000743 ADMINISTRATIVE SVCS. CO-OP 335815 DIAL -A -TAXI PROGRAM -6/2017 08-003327 2401.60.725.62015 11,179.52 Total : 11,179.52 188197 8/1/2017 000002 ADP, LLC 495572615 PROFESSION SERVICE FOR PAYROLL -6/2017 02-002006 1011.30.270.62015 3,923.14 02-002006 6051.30.315.62015 3,923.14 Total : 7,846.28 188198 8/1/2017 007364 ADVANTEC CONSULTING ENGINEERS 9801-0446-08 DESIGN SERVICE COMPLETION -2/2017-3/2017 06-005763 4011.67.964.62015 3,500.00 Total : 3,500.00 188199 8/1/2017 000956 ALL AMERICAN ASPHALT 175188 LOS FLORES STREET IMPROVEMENT PROJECT -6/2017 06-006100 4011.20601 27,856.98 Total : 27,856.98 188200 8/1/2017 007439 ALL CITY MANAGEMENT SVCS, INC. 49120 SCHOOL CROSSING GUARD SERVICES -5/2017 Page: 5 vchlist Check List Page: 6 07/26/2017 4:34:36PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188200 8/1/2017 007439 ALL CITY MANAGEMENT SVCS, INC. (Continued) 11-000822 2051.51.365.62015 23,223.20 Total : 23,223.20 188201 8/1/2017 010362 ALPHA LION DISTRIBUTORS 002 CUSTODIAL SUPPLIES -3/2017 06-006788 1011.45.415.65020 490.09 007 CUSTODIAL SUPPLIES -3/2017 06-006787 2701.45.610.65020 439.95 Total : 930.04 188202 8/1/2017 000764 ALVIZAR BUFFET 06000 CATERING SERVICES -5/2017 01-001234 1011.25.205.67217 500.00 Total : 500.00 188203 8/1/2017 008217 AMAZON.COM, LLC 020952007728 PROJECTOR FOR BATEMAN HALL -6/2017 08-003421 1011.60.740.66015 486.52 026740924332 PHONE HEADSET FOR BATEMAN HALL -6/2017 08-003420 1011.60.740.66015 450.98 Total : 937.50 188204 8/1/2017 003312 AMERICAN RENTALS 112804 EQUIPMENT RENTAL & SUPPLIES -3/2017 06-006514 2051.45.410.63030 314.90 115171 EQUIPMENT RENTAL & SUPPLIES -6/2017 06-006514 2051.45.410.63030 593.73 115203 EQUIPMENT RENTAL & SUPPLIES -6/2017 06-006514 2051.45.410.63030 1,086.75 Total : 1,995.38 188205 8/1/2017 001821 APPLE, INC. 4442433680 APPLE MACBOOK PRO FOR CM OFFICE -6/2017 01-001227 1011.25.205.66035 2,067.00 1011.25.205.66035 212.20 4443647541 APPLE IPAD PRO -6/2017 05-001462 1011.35.330.66015 79.00 4444508343 APPLE IPAD PRO FOR H/R OFFICE -6/2017 05-001462 1011.35.330.66015 1,112.38 Total : 3,470.58 Page: 6 vchlist . Check List Page: 7 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Amount REFUND-BATEMAN HALL RENTAL Voucher Date Vendor 250.00 Invoice 188206 8/1/2017 010676 ARAUJO, MARGARET 000226 188207 8/1/2017 000448 ATLANTIC CAR WASH 1430 188208 8/1/2017 000115 BAUTISTA, JUAN ANTONIO 000115080317 188209 8/1/2017 010662 BLAN, MARK M142BLM013 188210 8/1/2017 010271 BLUESKY NETWORKS 101 188211 8/1/2017 000300 BUBBS HARDWARE 60 CISCO NETWORK SWITCH MAINTENANCE -6/2017 12-000157 6051.65.290.64399 1,500.00 61 Total : 1,500.00 HARDWARE MATERIALS & SUPPLIES -2/2017 62 06-006481 2051.45.410.65020 26.12 63 188212 8/1/2017 010563 BUCKMAN INFRASTRUCTURE, INC. 350-01.02 188213 8/1/2017 001110 BURKE, WILLIAMS & SORENSEN 210198 HARDWARE MATERIALS & SUPPLIES -3/2017 06-006481 210747 PO # Description/Account Amount REFUND-BATEMAN HALL RENTAL 1011.60.33215 250.00 Total : 250.00 CAR WASH SERVICES -5/2017 06-006456 7011.45.420.64399 89.93 Total : 89.93 KARATE INSTRUCTOR -5/2017-7/2017 08-003339 1011.60.705.62015 705.60 Total : 705.60 REFUND -LIVE SCAN SERVICE 1011.35.330.64399 18.00 Total : 18.00 CISCO NETWORK SWITCH MAINTENANCE -6/2017 12-000157 6051.65.290.64399 1,500.00 Total : 1,500.00 HARDWARE MATERIALS & SUPPLIES -2/2017 06-006481 2051.45.410.65020 26.12 HARDWARE MATERIALS & SUPPLIES -3/2017 06-006481 2051.45.410.65020 67.82 HARDWARE MATERIALS & SUPPLIES -3/2017 06-006481 2051.45.410.65020 9.98 HARDWARE MATERIALS & SUPPLIES -3/2017 06-006481 2051.45.410.65020 237.14 Total : 341.06 UPDATING THE PAVEMENT MANAGEMENT -6/2017 06-006820 2401.45.435.62015 14,617.75 Total : 14,617.75 LEGAL ADVISOR FOR LABOR RELATIONS -1/2017 05-001434 1011.35.335.62001 7,513.50 LEGAL ADVISOR FOR LABOR RELATIONS -2/2017 05-001434 1011.35.335.62001 826.00 Page: 7 vchlist 07/26/2017 4:34:35PM Check List City of Lynwood Bank code : apbank Voucher Date Vendor Invoice 188213 8/1/2017 001110 001110 BURKE, WILLIAMS & SORENSEN (Continued) 188214 8/1/2017 002561 CACEO 200002691 188215 188216 188217 188218 188219 188220 8/1/2017 001190 CAFE N' STUFF 8/1/2017 010656 CARDENAS, RAFAEL 8/1/2017 010659 CARTER, ERIC 8/1/2017 000560 CASANOVA TOWING EQUIPMENT 8/1/2017 010652 CASTELO, LORENA LUZ 8/1/2017 010622 CASTRO, DAWIN LUNA E14228 54675 M139CAE007 7170 7173 7323 7350 7351 65411 800056360 Page: 8 PO # Description/Account Amount Total : 8,339.50 REGI -CODE ENFORCEMENT 1011.51.605.64015 250.00 Total : 250.00 FOOD FOR LARA MEETING 6/14/17 06-006829 1011.45.405.64399 237.89 Total : 237.89 REFUND -PARKING CITATION 1011.51.34110 68.78 Total : 68.78 REFUND -LIVE SCAN SERVICE 1011.35.330.64399 18.00 Total : 18.00 EQUIPMENT & SPECIALTY TRUCK REPAIRS -4/2017 06-006460 7011.45.420.63025 250.00 EQUIPMENT & SPECIALTY TRUCK REPAIRS -4/2017 06-006460 7011.45.420.63025 59.50 EQUIPMENT & SPECIALTY TRUCK REPAIRS -6/2017 06-006460 7011.45.420.63025 1,086.70 EQUIPMENT & SPECIALTY TRUCK REPAIRS -6/2017 06-006460 7011.45.420.63025 322.50 EQUIPMENT & SPECIALTY TRUCK REPAIRS -6/2017 06-006460 7011.45.420.63025 1,519.89 Total : 3,238.59 REFUND -PARKING CITATION 1011.51.34110 114.00 Total : 114.00 REFUND -PARKING CITATION 1011.51.34110 148.50 Total : 148.50 Page: 8 vchlist Check List Page: 9 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188221 8/1/2017 000955 CENTRAL BASIN MUNICIPAL WATER LYN-JUN17 IMPORTED WATER FOR LYNWOOD RESIDENTS -6/2017 06-006461 6051.45.450.67415 46,979.67 Total : 46,979.67 188222 8/1/2017 006573 CENTRAL FORD AUTOMOTIVE, INC. C10366 FLEET REPAIRS & MAINTENANCE -2/2017 06-006462 7011.45.420.63025 283.16 C14534 FLEET REPAIRS & MAINTENANCE -6/2017 06-006462 7011.45.420.63025 506.07 Total : 789.23 188223 8/1/2017 000657 CENTURY RADIATORS 018884 FLEET REPAIRS & MAINTENANCE -6/2017 06-006463 7011.45.420.63025 117.31 Total : 117.31 188224 8/1/2017 010125 CFA INSTITUTE 010125061417 REGISTRATION-S.HARDING 1011.20.110.64015 200.00 1-BDUH5NH INVESTMENT COURSE STUDY BOOKS 1011.20.110.64015 200.00 Total : 400.00 188225 8/1/2017 010626 CHAVEZ, REYNA ELIZABETH 85410B REFUND -PARKING CITATION 1011.51.34150 60.50 Total : 60.50 188226 8/1/2017 010678 CHAVIRA, ROBERT 4645 REFUND-BATEMAN HALL RENTAL 1011.60.33215 160.00 Total : 160.00 188227 8/1/2017 009302 CHESSER, CHRISTINE 4512 BARTENDER SERVICE -6/2017 08-003380 1011.60.740.62064 50.00 4512-A BARTENDER SERVICE -6/2017 08-003422 1011.60.740.62064 100.00 4512-B BARTENDER SERVICE -6/2017 08-003310 1011.60.740.62064 50.00 Total : 200.00 188228 8/1/2017 004168 CINTAS FIRE PROTECTION OF19108035 ALARM MONITORING SERVICE -HAM PARK -6/2017 06-006673 1011.45.415.64399 40.00 Page: 9 vchlist Check List Page: 10 07/26/2017 4:34:36PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice 188228 8/1/2017 004168 004168 CINTAS FIRE PROTECTION (Continued) 188229 8/1/2017 010454 CITY TRAFFIC COUNTERS 300396 300408 188230 188231 188232 188233 188234 8/1/2017 009813 CIVIL SOURCE, INC. 66850 66851 8/1/2017 001571 CLINICAL LAB OF SAN BERNARDINO 956892 8/1/2017 000444 COMPLETE WELDING SUPPLIES 496556 8/1/2017 000484 COMPTON COURTHOUSE 000484053117 8/1/2017 006281 CONSULTANTS, PROFESSIONAL IN000082137 PO # Description/Account Amount Total : 40.00 STOP SIGN WARRANT STUDY -5/2017 06-006768 2051.45.430.64399 195.00 STOP SIGN WARRANT STUDY -6/2017 06-006790 2051.45.430.64399 130.00 Total : 325.00 ENGINEERING SERVICES -5/2017 06-006640 4011.68.026.62015 4,240.00 ENGINEERING SERVICES -5/2017 06-006640 4011.68.026.62015 5,240.00 Total : 9,480.00 WATER SAMPLES -5/2017 06-006464 6051.45.450.64399 884.50 Total : 884.50 WELDING SUPPLIES -6/2017 06-006517 2051.45.410.65020 33.38 Total : 33.38 PROCESS CITATIONS AND BAIL SURCHARGE -5/2017 11-000801 1011.51.515.62015 16,628.72 Total : 16,628.72 SECURITY SERVICES -3/25/2017-4/7/2017 02-001919 1011.10.101.62016 216.51 02-001919 1011.15.105.62016 216.51 02-001919 1011.20.110.62016 216.51 02-001919 1011.25.205.62016 216.51 02-001919 1011.30.275.62016 709.62 02-001919 1011.35.330.62016 216.51 02-001919 1011.45.401.62016 280.25 02-001919 1011.51.505.62016 216.51 02-001919 1011.60.701.62016 7,540.96 02-001919 1011.65.290.62016 108.25 02-001919 6051.30.315.62016 709.62 Page: 10 vchlist Check List Page: 11 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188234 8/1/2017 006281 CONSULTANTS, PROFESSIONAL (Continued) 02-001919 6051.45.450.62016 280.25 02-001919 6051.65.290.62016 108.24 IN000083395 SECURITY SERVICES -5/20/2017-6/2/2017 02-001919 1011.10.101.62016 222.44 02-001919 1011.15.105.62016 222.44 02-001919 1011.20.110.62016 222.44 02-001919 1011.25.205.62016 222.44 02-001919 1011.30.275.62016 729.04 02-001919 1011.45.401.62016 287.92 02-001919 1011.51.505.62016 222.44 02-001919 1011.60.701.62016 7,747.35 02-001919 1011.65.290.62016 111.21 02-001919 6051.30.315.62016 729.04 02-001919 6051.45.450.62016 287.92 02-001919 6051.65.290.62016 111.20 02-001919 1011.35.330.62016 222.44 IN000083398 SECURITY GUARD FOR PRIVATE RENTAL -6/2017 08-003221 1011.60.740.62016 124.95 IN000083435 SECURITY SERVICES -6/2017 02-001919 1011.10.101.62016 214.83 02-001919 1011.15.105.62016 214.83 02-001919 1011.20.110.62016 214.83 02-001919 1011.25.205.62016 214.83 02-001919 1011.30.275.62016 704.11 02-001919 1011.35.330.62016 214.83 02-001919 1011.45.401.62016 278.07 02-001919 1011.51.505.62016 214.83 02-001919 1011.60.701.62016 7,482.41 02-001919 1011.65.290.62016 107.41 02-001919 6051.30.315.62016 704.11 02-001919 6051.45.450.62016 278.07 02-001919 6051.65.290.62016 107.41 IN000083436 SECURITY GUARD FOR PRIVATE RENTAL -6/2017 08-003221 1011.60.740.62016 1,812.30 IN000083439 SECURITY GUARD FOR PRIVATE RENTAL -6/2017 08-003221 1011.60.740.62016 107.10 Page: 11 vchlist Check List Page: 12 07/26/2017 4:34:35PM City of Lynwood' Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188234 8/1/2017 006281 006281 CONSULTANTS, PROFESSIONAL (Continued) Total : 35,369.49 188235 8/1/2017 002699 CONTROL BOARD, STATE WATER LW -1009583 WATER SYSTEM FEES -7/2016-6/2017 06-006791 6051.45.450.64399 28,138.00 Total : 28,138.00 188236 8/1/2017 010624 CORBIN, GLENDA 800056303 REFUND -PARKING CITATION 1011.51.34110 148.50 Total : 148.50 188237 8/1/2017 000138 DAILY JOURNAL CORPORATION A3023681 PUBLICATION NOTICES -6/2017 11-000904 1011.51.505.62025 96.90 Total : 96.90 188238 8/1/2017 010663 DEACE, LAMONT M139PEL009 REFUND -LIVE SCAN SERVICE 1011.35.330.64399 16.00 Total : 16.00 188239 8/1/2017 007474 DECKSIDE POOL SERVICE 176359 POOL & FOUNTAIN MAINTENANCE -6/2017 06-006471 1011.45.415.63025 662.66 Total : 662.66 188240 8/1/2017 010658 DEL CARMEN, ADILENE M139DEA004 REFUND -LIVE SCAN SERVICE 1011.35.330.64399 18.00 Total : 18.00 188241 8/1/2017 010664 DEL REAL, RAMON 144DER005 REFUND -LIVE SCAN SERVICE 1011.35.330.64399 16.00 Total : 16.00 188242 8/1/2017 006380 DEPARTMENT OF PUBLIC HEALTH, IN0447352 DEPT OF PUBLIC HEALTH FEE -5/2017 06-006830 6051.45.450.65040 1,254.00 Total : 1,254.00 188243 8/1/2017 007243 DEPARTMENT OF PUBLIC WORKS, 17030807926 TRAFFIC SIGNAL MAINTENANCE -2/2017 06-006572 2051.45.430.62015 1,058.41 17030807927 TRAFFIC SIGNAL MAINTENANCE -2/2017 06-006572 2051.45.430.62015 1,081.76 Page: 12 vchlist 07/26/2017 4:34:35PM Bank code : apbank Voucher Date Vendor 188243 8/1/2017 007243 DEPARTMENT OF PUBLIC WORKS, 188244 188245 188246 188247 188248 Check List City of Lynwood Invoice PO # (Continued) Amount 17050909924 TRAFFIC SIGNAL MAINTENANCE -4/2017 06-006572 17060810753 TRAFFIC SIGNAL MAINTENANCE -5/2017 06-006572 17060810754 TRAFFIC SIGNAL MAINTENANCE -5/2017 06-006572 IN170001192 TRAFFIC SIGNAL MAINTENANCE -11/2015-5/2017 2051.45.430.62015 06-006572 8/1/2017 003352 DEPT. OF JUSTICE CTRL SERVICES 240927 8/1/2017 006088 DIESEL MOBIL SERVICE 18590 18628 8/1/2017 010665 DUARTE HERNANDEZ, GUADALUPE M137DUG016 8/1/2017 008801 DUPLICATOR SOURCE, LLC. 8/1/2017 010660 EVANGELISTA, SUSANA 2720280 M142EVS003 05-001413 06-006465 06-006465 08-003388 08-003388 08-003388 08-003388 08-003388 Page: 13 Description/Account Amount TRAFFIC SIGNAL MAINTENANCE -4/2017 2051.45.430.62015 261.07 TRAFFIC SIGNAL MAINTENANCE -5/2017 2051.45.430.62015 243.80 TRAFFIC SIGNAL MAINTENANCE -5/2017 2051.45.430.62015 555.19 TRAFFIC SIGNAL MAINTENANCE -11/2015-5/2017 2051.45.430.62015 8,583.34 Total : 11,783.57 BACKGROUND CHECK -6/2017 1011.35.335.62015 64.00 Total : 64.00 FLEET & SPECIALTY EQUIPMENT REPAIRS -6/2017 7011.45.420.63025 1,047.69 FLEET & SPECIALTY EQUIPMENT REPAIRS -6/2017 7011.45.420.63025 195.00 Total : 1,242.69 REFUND -LIVE SCAN SERVICE 1011.35.330.64399 16.00 Total : 16.00 RISO INK FOR COPIER AT COMMUNITY CENTER -6/2017 1011.60.710.65020 237.04 1011.60.720.65020 237.04 1011.60.740.65020 237.04 1011.60.745.65020 237.04 1011.60.705.65020 237.04 Total : 1,185.20 REFUND -LIVE SCAN SERVICE 1011.35.330.64399 16.00 Total : 16.00 Page: 13 vchlist Check List Page: 14 07/26/2017 4:34:36PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188249 8/1/2017 000028 EXCEL PAVING COMPANY 3 STREET IMPROVEMENT -6/2017 06-006771 4011.67.997.62015 378,293.98 06-006771 4011.20601 -18,914.70 Total : 359,379.28 188250 8/1/2017 003334 FED EX 5-851-88524 COURIER SERVICES -6/2017 02-001971 1011.30.270.64399 8.33 02-001971 1011.30.275.64399 8.33 Total : 16.66 188251 8/1/2017 001393 FERGUSON ENTERPRISES, INC. 4676287 MATERIAL AND SUPPLIES -6/2017 06-006473 6051.45.450.65020 370.08 06-006473 1011.45.415.65020 1,678.07 4794344 MATERIAL AND SUPPLIES -6/2017 06-006473 6051.45.450.65020 491.89 4801642 MATERIAL AND SUPPLIES -6/2017 06-006473 6051.45.450.65020 267.68 4807018 MATERIAL AND SUPPLIES -6/2017 06-006473 6051.45.450.65020 48.86 4833880 MATERIAL AND SUPPLIES -6/2017 06-006473 6051.45.450.65020 132.22 4836027 MATERIAL AND SUPPLIES -6/2017 06-006473 6051.45.450.65020 89.13 4838641 MATERIAL AND SUPPLIES -6/2017 06-006473 6051.45.450.65020 145.93 CM840793 MATERIAL AND SUPPLIES -6/2017 06-006473 6051.45.450.65020 -64.73 Total : 3,159.13 188252 8/1/2017 010245 FISHER, GERMAINE 31 ACCOUNTING SVCS -WATER BILLING -6/18/2017 02-001997 6051.30.315.62015 1,200.00 32 ACCOUNTING SVCS -WATER BILLING -6/25/2017 02-001997 6051.30.315.62015 1,200.00 33 ACCOUNTING SVCS -WATER BILLING -7/2/2017 02-001997 6051.30.315.62015 975.00 Total : 3,375.00 Page: 14 vchlist Check List Page: 15 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188253 8/1/2017 006902 FULMORE, DENNIS 216 BARTENDER SERVICE -6/2017 08-003192 1011.60.740.62064 200.00 Total : 200.00 188254 8/1/2017 010667 GALLEGOS, GABRIELA 349684263 REFUND -SUMMER CAMP CANCELLED 1011.60.33225 130.00 Total : 130.00 188255 8/1/2017 010586 GAMMILL ELECTRIC, INC. 14627 CITY YARD GENERATOR INSTALLATION -6/2017 06-006818 6051.45.450.63025 44,900.00 Total : 44,900.00 188256 8/1/2017 010629 GANDARA, TONY LOUIS 266123583 REFUND -PARKING CITATION 1011.51.34125 30.00 Total : 30.00 188257 8/1/2017 010672 GARCIA, DEISY 4517 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33215 200.00 Total : 200.00 188258 8/1/2017 010679 GARCIA, SULEYMA 4513 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33215 400.00 Total : 400.00 188259 8/1/2017 010657 GARCIA, VANESSA M135GAV013 REFUND -LIVE SCAN SERVICE 1011.35.330.64399 16.00 Total : 16.00 188260 8/1/2017 010412 GARZA, ELDA 17-4589 TEMP INTERIM ACCOUNTING SVCS -6/2017 02-002011 1011.30.270.62015 324.36 02-002011 1011.30.275.62015 324.36 02-002011 1052.30.315.62015 324.36 02-002011 6051.30.315.62015 324.36 02-002011 6401.30.315.62015 324.36 17-4589-A TEMP INTERIM ACCOUNTING SVCS -6/2017 02-001965 1011.30.270.62015 201.96 02-001965 1011.30.275.62015 201.96 02-001965 1052.30.315.62015 201.96 Page: 15 vchlist Check List Page: 16 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188260 8/1/2017 010412 GARZA, ELDA (Continued) 02-001965 6051.30.315.62015 201.96 02-001965 6401.30.315.62015 201.96 Total : 2,631.60 188261 8/1/2017 001352 GMC PEST CONTROL, INC. 11115731 PEST CONTROL SERVICES -6/2017 06-006604 1011.45.415.64399 500.00 Total : 500.00 188262 8/1/2017 010623 GONZALEZ FERNANDO, GARCIA 80668 REFUND -PARKING CITATION 1011.51.34110 114.00 Total: 114.00 188263 8/1/2017 001510 GRAINGER, INC. 9416208446 OPERATING SUPPLIES -4/2017 11-000803 1011.51.445.65020 7.18 11-000803 1011.51.515.65020 363.75 9473071729 OPERATING SUPPLIES -6/2017 06-006638 2701.45.610.65020 159.36 Total : 530.29 188264 8/1/2017 005001 GREENFIELDS OUTDOOR FITNESS 4451 REPLACEMENT SIGN FOR SPORTS OFFICE -6/2017 08-003397 1011.60.705.65020 217.89 Total : 217.89 188265 8/1/2017 000993 GRM INFORMATION MANAGEMENT 0341189 OFF-SITE STORAGE OF TAPE BACKUP -6/2017 12-000161 6051.65.290.64399 92.82 337669 OFF-SITE STORAGE OF TAPE BACKUP -5/2017 12-000161 6051.65.290.64399 92.82 Total : 185.64 188266 8/1/2017 000270 HANSON AGGREGATES WEST, INC. 1772751 OPERATING SUPPLIES -3/2017 06-006538 6051.45.450.65020 463.32 Total : 463.32 188267 8/1/2017 009832 HARDING, ELIZABETH B. 009832062717 LINE DANCING INSTRUCTOR -6/2017 08-003334 1011.60.720.62015 148.48 Total : 148.48 16 Page: vchlist . Check List Page: 17 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188268 8/1/2017 002887 HARDING, SHEILA 002887042817 REIMB-MILEAGE EXPENSE -4/2017 188269 188270 188271 8/1/2017 007566 HERNANDEZ, EDWIN 007566061017 8/1/2017 000367 HINDERLITER DELLAMAS & ASSOC. 0026162 -IN 8/1/2017 003315 HOME DEPOT CREDIT SERVICE 2063928 3022266 302616 3055262 4021330 4021332 4030121 6021958 6022788 6031091 6040762 6151054 6350750 Page: 17 1011.20.110.64015 73.88 Total : 73.88 REIMB-CONFERENCE EXPENSE 1011.10.101.64015 94.69 Total : 94.69 SALES TAX AUDIT -QUARTER 2-11/2016 02-002007 1011.30.30145 2,460.26 Total : 2,460.26 MATERIAL & SUPPLIES -3/2017 06-006485 2701.45.610.65020 131.01 MATERIAL & SUPPLIES -4/2017 06-006485 6051.45.450.65020 225.44 MATERIAL & SUPPLIES -4/2017 06-006485 6051.45.450.65020 522.55 MATERIAL & SUPPLIES -3/2017 06-006485 2651.45.425.65020 26.63 MATERIAL & SUPPLIES -3/2017 06-006485 2701.45.610.65020 242.87 MATERIAL & SUPPLIES -3/2017 06-006485 6051.45.450.65020 10.35 MATERIAL & SUPPLIES -4/2017 06-006485 6051.45.450.65020 256.57 MATERIAL & SUPPLIES -4%2017 06-006485 2651.45.425.65020 185.28 MATERIAL & SUPPLIES -4/2017 06-006485 2651.45.425.65020 146.71 MATERIAL & SUPPLIES -3/2017 06-006485 2701.45.610.65020 498.41 MATERIAL & SUPPLIES -4/2017 06-006485 6051.45.450.65020 273.78 MATERIAL & SUPPLIES -3/2017 06-006485 6051.45.450.65020 65.18 MATERIAL & SUPPLIES -6/2017 Page: 17 vchlist Check List Page: 18 07/26/2017 4:34:35PM City of Lynwood Bank code: apbank Voucher. Date Vendor Invoice PO # Description/Account Amount 188271 8/1/2017 003315 HOME DEPOT CREDIT SERVICE (Continued) 06-006522 6051.45.450.65020 295.55 7031828 MATERIAL & SUPPLIES -4/2017 06-006485 2651.45.425.65020 206.19 7063581 MATERIAL & SUPPLIES -6/2017 06-006485 6051.45.450.65020 490.11 8025183 MATERIAL & SUPPLIES -3/2017 06-006485 2701.45.610.65020 91.87 9022573 MATERIAL & SUPPLIES -4/2017 06-006485 6051.45.450.65020 346.19 Total : 4,014.69 188272 8/1/2017 010681 HUNTER, ERIKA 000490 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33210 100.00 Total : 100.00 188273 8/1/2017 000353 INFOSEND, INC. 122862 PRINTING/ FOLDING AND MAILING OF UB BILL -6/2017 02-001933 1052.30.315.62015 144.23 02-001933 6051.30.315.62015 144.23 02-001933 6401.30.315.62015 144.23 02-001933 1052.30.315.65035 864.56 02-001933 6051.30.315.65035 864.56 02-001933 6401.30.315.65035 864.56 Total : 3,026.37 188274 8/1/2017 005848 INFRASTRUCTURE ENGINEERS 22393 DESIGN SERVICES FOR 12 TRAFFIC SIGNAL -6/2017 06-006773 4011.68.030.62015 17,664.00 22400 MANAGEMENT -ENGINEERING SERVICES -6/2017 06-006756 4011.67.964.62015 5,000.00 06-006756 4011.68.026.62015 1,224.50 06-006756 4011.68.015.62015 15,000.00 22400-A ENGINEERING MANAGEMENT -6/2017 06-006826 4011.67.993.62015 1,359.50 22427 CONSTRUCTION MANAGEMENT AND INSPECTION -6/2017 06-006772 4011.67.997.62015 40,245.00 22428 CONSTRUCTION MANAGEMENT AND INSPECTION -6/2017 06-006596 4011.67.993.62015 21,614.50 Page: 18 vchlist Check List Page: 19 07/26/2017 4:34:36PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188274 8/1/2017 005848 005848 INFRASTRUCTURE ENGINEERS (Continued) Total : 102,107.50 188275 8/1/2017 010618 IRBY ALVIN E., ROWEN CONNEY L OR 266127089 REFUND -PARKING CITATION 1011.51.34110 25.00 Total : 25.00 188276 8/1/2017 000844 J & G GRAPHICS 05325 PRINTING SERVICES -6/2017 06-006682 6051.45.450.62025 449.98 05326 PRINTING SERVICES -6/2017 06-006682 1011.45.401.62025 258.50 Total : 708.48 188277 8/1/2017 008254 JCL TRAFFIC SERVICES 90998 STREET SIGNS AND SUPPLIES -6/2017 06-006664 2051.45.410.65020 486.94 91122 STREET SIGNS AND SUPPLIES -6/2017 06-006831 2051.45.410.65020 499.60 91176 STREET SIGNS AND SUPPLIES -6/2017 06-006831 2051.45.410.65020 107.93 Total : 1,094.47 188278 8/1/2017 005165 JIFFY LUBE 26648745 FLEET REPAIRS & MAINTENANCE -10/2016 06-006501 7011.45.420.63025 51.95 26649107 FLEET REPAIRS & MAINTENANCE -11/2016 06-006501 7011.45.420.63025 42.46 26649118 FLEET REPAIRS & MAINTENANCE -11/2016 06-006501 7011.45.420.63025 60.69 26649481 FLEET REPAIRS & MAINTENANCE -11/2016 06-006501 7011.45.420.63025 66.69 26649484 FLEET REPAIRS & MAINTENANCE -11/2016 06-006501 7011.45.420.63025 136.17 Total : 357.96 188279 8/1/2017 010691 JIMENEZ, ROSA 44379 REFUND -SUMMER DAY CAMP CANCELLED 1011.60.33225 475.00 Total : 475.00 188280 8/1/2017 001269 JOHN L. HUNTER & ASSOCIATES LYNFOG0517 GROUNDWATER MONITORING -5/2017 06-006558 6051.45.450.62015 230.00 Page: 19 vchlist Check List Page: 20 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188280 8/1/2017 001269 JOHN L. HUNTER & ASSOCIATES (Continued) LYNNP0517 GROUNDWATER MONITORING -5/2017 06-006558 6051.45.450.62015 5,286.89 Total : 5,516.89 188281 8/1/2017 010677 JOHNSON, EUGENIA 004569 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33215 100.00 Total : 100.00 188282 8/1/2017 000097 JONES LUMBER 93457 MATERIALS & SUPPLIES -6/2017 06-006502 2051.45.410.65020 263.09 Total : 263.09 188283 8/1/2017 003331 L.A. COUNTY SHERIFF DEPT. 174627NH GENERAL LAW ENFORCEMENT SERVICES -4/2017 01-001161 1011.40.215.62015 1,266.17 174630NH GENERAL LAW ENFORCEMENT SERVICES -5/2017 01-001161 1011.40.215.62015 1,266.17 174631 NH LAW ENFORCEMENT SERVICE -SPECIAL EVENTS -5/2017 08-003239 1011.60.740.62016 3,612.51 174879NH GENERAL LAW ENFORCEMENT SERVICES -6/2017 01-001161 1011.40.215.62015 840, 567.48 174880NH GENERAL LAW ENFORCEMENT SERVICES -6/2017 01-001161 1011.40.215.62015 16,228.45 175155NH PRIVATE RENTAL HELD AT BATMEMAN HALL -6/2017 08-003426 1011.60.740.62016 2,408.34 Total : 865,349.12 188284 8/1/2017 010621 LAZCANO, JUANA 244125860 REFUND -PARKING CITATION 1011.51.34150 25.00 Total : 25.00 188285 8/1/2017 009236 LEAK, DEITRA 0221 BARTENDER SERVICE FOR PRIVATE RENTALS -6/2017 08-003427 1011.60.740.62064 225.00 4398 BARTENDER SERVICE FOR PRIVATE RENTALS -6/2017 08-003427 1011.60.740.62064 250.00 4511 BARTENDER SERVICE FOR PRIVATE RENTALS -6/2017 08-003427 1011.60.740.62064 200.00 Page: 20 vchlist Check List Page: 21 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188285 8/1/2017 009236 009236 LEAK, DEITRA (Continued) Total : 675.00 188286 8/1/2017 010670 LEDEZMA, JULIANNA 000221 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33215 210.00 Total : 210.00 188287 8/1/2017 001991 LEGISLATIVE ADVOCACY GROUP 5689 LEGISLATIVE SERVICES -6/2017 02-001977 1011.30.275.62015 5,000.00 Total : 5,000.00 188288 8/1/2017 010688 LEWIS, SHANRI 4610 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33215 100.00 Total : 100.00 188289 8/1/2017 001256 LINDSAY, CARLA 001256053017 SENIOR CENTER YOGA INSTRUCTOR -5/2017 08-003198 1011.60.720.62015 213.90 001256053017-A SENIOR CENTER YOGA CLASS INSTRUCTOR -5/2017 08-003408 1011.60.720.62015 100.15 Total : 314.05 188290 8/1/2017 010645 LLAMAS, EVELYN 54556 REFUND -PARKING CITATION 1011.51.34105 119.00 Total : 119.00 188291 8/1/2017 008480 LOPEZ AUTO SERVICE & TIRES INC 24675 FLEET REPAIRS & MAINTENANCE -6/2017 06-006467 7011.45.420.63025 40.00 24725 FLEET REPAIRS & MAINTENANCE -6/2017 06-006467 7011.45.420.63025 48.00 Total : 88.00 188292 8/1/2017 008097 LRJ CONSTRUCTION, INC. 130 HUD ACT#955-HOME REHAB PROGRAM -6/2017 11-000912 2961.51.865.67235 1,831.50 132 HUD ACT#955-HOME REHAB PROGRAM -6/2017 11-000912 2961.51.865.67235 2,035.00 Total : 3,866.50 188293 8/1/2017 009816 LYNWOOD SMOG CENTER 013015 SMOG SERVICE -4/2017 06-006667 7011.45.420.63025 36.75 Page: 21 vchlist Checktist Page: 22 07/26/2017 4:34:36PM City of.Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188293 8/1/2017 009816 LYNWOOD SMOG CENTER (Continued) 188294 8/1/2017 010683 MAGDALENO, IMELDA 188295 8/1/2017 010685 MAIAVA, NAISHA 188296 188297 8/1/2017 001936 MAIN STREET SIGNS 013039' 36.75 SMOG SERVICE -5/2017 06-006667 013065 36.75 SMOG SERVICE -5/2017 06-006667 013278 36.75 SMOG SERVICE -6/2017 06-006667 013347 36.75 Total : 06-006667 4627 4520 24927 36.75 SMOG SERVICE -5/2017 06-006526 24992 36.75 SMOG SERVICE -5/2017 06-006526 25016 36.75 SMOG SERVICE -6/2017 06-006526 25031 36.75 Total : 06-006526 25045 1011.60.33215 06-006526 25053 200.00 REFUND-BATEMAN HALL RENTAL DEPOSIT 06-006526 8/1/2017 010653 MANUEL J. NOYOLA, DIANA GALLEGOS 800056501 800058174 SMOG SERVICE -4/2017 7011.45.420.63025 36.75 SMOG SERVICE -5/2017 495.45 7011.45.420.63025 36.75 SMOG SERVICE -5/2017 498.99 7011.45.420.63025 36.75 SMOG SERVICE -6/2017 496.71 7011.45.420.63025 36.75 Total : 183.75 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33215 200.00 Total : 200.00 REFUND-BATEMAN HALL RENTAL DEPOSIT 498.99 1011.60.33215 100.00 Total : 100.00 STREET SIGN SUPPLIES -5/2017 2051.45.410.65020 495.45 STREET SIGN SUPPLIES -6/2017 2051.45.410.65020 498.99 STREET SIGN SUPPLIES -6/2017 2051.45.410.65020 496.71 STREET SIGN SUPPLIES -6/2017 2051.45.410.65020 495.19 STREET SIGN SUPPLIES -6/2017 2051.45.410.65020 499.80 STREET SIGN SUPPLIES -6/2017 2051.45.410.65020 498.99 Total : 2,985.13 REFUND -PARKING CITATION TICKET 1011.51.34105 148.50 REFUND -PARKING CITATION TICKET 1011.51.34105 177.50 Page: 22 vchlist Check List Page: 23 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice 188297 8/1/2017 010653 010653 MANUEL J. NOYOLA, DIANA (Continued) 188298 8/1/2017 002761 MARCO POWER EQUIPMENT 20172108 20172110 20172121 2020364 2020627 188299 8/1/2017 002234 MARK FLORES 188300 8/1/2017 002683 MAY TOOL INC. 188301 8/1/2017 002598 MAYFIELD BUS LINES 188302 8/1/2017 009275 MEDICAL GROUP, P.C., U.S. 188303 8/1/2017 010686 MIMS, LAMEAR 002234042617 178330 61417 lyn 62117 lyn 62817 lynw 3125831 -CA 3129491 -CA 000217 PO # Description/Account Amount Total : 326.00 EQUIPMENT TUNE UP AND REPAIRS -6/2017 06-006503 2051.45.410.63025 80.10 06-006503 6051.45.450.63025 38.07 MATERIALS & SUPPLIES -6/2017 06-006488 2051.45.410.65020 254.77 MATERIALS & SUPPLIES -6/2017 06-006488 2051.45.410.65020 38.00 EQUIPMENT TUNE UP AND REPAIRS -10/2016 06-006503 2051.45.410.63025 33.00 EQUIPMENT TUNE UP AND REPAIRS -2/2017 06-006503 2051.45.410.63025 21.54 Total : 465.48 SUPPLIES FOR VARIOUS EVENT -4/2017 08-003393 1011.60.701.65020 345.62 Total : 345.62 WYLIE 300 GALLON WEED SPRAYER SYSTEM -6/2017 06-006815 2051.45.410.65020 9,026.25 Total : 9,026.25 BUS TRANSPORTATION SERVICE -6/2017 08-003181 1011.60.710.67250 351.75 BUS TRANSPORTATION SERVICE -6/2017 08-003181 1011.60.710.67250 335.00 BUS TRANSPORTATION SERVICE -6/2017 08-003181 1011.60.710.67250 435.00 Total : 1,121.75 DMV PHYSICALS -5/2017 05-001465 1011.35.330.62015 99.00 DMV -PHYSICALS -5/2017 05-001465 1011.35.330.62015 69.00 Total : 168.00 REFUND-BATEMAN HALL RENTAL DEPOSIT Page: 23 vchlist Check List Page: 24 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor 188303 8/1/2017 010686 MIMS, LAMEAR 188304 8/1/2017 000982 MITY-LITE 188305 8/1/2017 010689 MORALES, MAGDA 188306 8/1/2017 010680 MORAN, CESAR 188307 8/1/2017 010272 MOSQUEDA, BEATRIZ 188308 8/1/2017 008782 MSJ DEVELOPMENT 188309 8/1/2017 009012 MUNICIPAL WASTE SOLUTIONS Invoice (Continued) 00050912 546966702 4518 010272063017 91057182 91057242 91057243 91057311 91057316 91057317 270 PO # 08-003428 08-003314 06-006821 06-006833 06-006833 06-006833 06-006833 06-006833 06-006509 Description/Account Amount 1011.60.33215 250.00 Total : 250.00 TABLE AND TABLE DOLLY -6/2017 1011.60.740.66015 2,517.80 Total : 2,517.80 REFUND -SUMMER DAY CAMP CANCELLED 1011.60.33225 52.50 Total : 52.50 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33215 100.00 Total : 100.00 COM. CTR EXERCISE CLASS INSTRUCTOR -6/2017 1011.60.705.62015 94.04 Total : 94.04 REPAIR/MAINT FOR LOCKS ON CITY BUILDINGS -5/2017 1011.45.415.63025 1,447.17 REPAIR/MAINT FOR LOCKS ON CITY BUILDINGS -5/2017 1011.45.415.63025 1,548.55 REPAIR/MAINT FOR LOCKS ON CITY BUILDINGS -5/2017 1011.45.415.63025 1,739.35 REPAIR/MAINT FOR LOCKS ON CITY BUILDINGS -5/2017 1011.45.415.63025 727.42 REPAIR/MAINT FOR LOCKS ON CITY BUILDINGS -6/2017 1011.45.415.63025 336.00 REPAIR/MAINT FOR LOCKS ON CITY BUILDINGS -6/2017 1011.45.415.63025 399.48 Total : 6,197.97 REFUSE CONTRACT OVERSIGHT -6/2017 1052.45.440.62061 5,125.00 Total : 5,125.00 Page: 24 vchlist Check List Page: 25 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188310 8/1/2017 010625 MUNOZ JR., ANICIETO 266126373 REFUND -PARKING CITATION 1011.51.34110 68.78 Total : 68.78 188311 8/1/2017 000131 MW AUDIOVISUAL, INC. 1247 AUDIO/VIDEO SYSTEM FOR LUCY AVALOS PARK -6/2017 06-006853 4011.67.007.66015 17,089.18 Total : 17,089.18 188312 8/1/2017 000475 NATIONWIDE ENVIRONMENTAL SVCS. 28520 STREET SWEEPING SERVICES -6/2017 06-006561 2851.45.410.62015 11, 894.95 28520-A STREET SWEEPING SERVICES -6/2017 06-006834 1011.45.457.62015 25,420.94 28522 GRAFFITI REMOVAL SERVICES- 6/2017 06-006775 2851.45.615.62015 8,833.49 28552 STREET SWEEPING SERVICES -5/2017 06-006834 1011.45.457.62015 2,829.00 Total : 48,978.38 188313 8/1/2017 010512 NEXTECH SYSTEMS, INC. NEX17-87 12" SOLAR FLASHING BEACONS -6/2017 06-006810 2051.45.430.65020 5,733.95 Total : 5,733.95 188314 8/1/2017 000279 OCCUPATIONAL HEALTH SVCS., 1015 PRE-EMPLOYMENT PHYSICALS -6/2017 05-001399 1011.35.335.62015 805.00 Total : 805.00 188315 8/1/2017 000078 OFFICE DEPOT 899113982001. OFFICE SUPPLIES -1/2017 08-003385 1011.60.740.65020 46.74 899113982002 OFFICE SUPPLIES -2/2017 08-003385 1011.60.740.65020 8.30 899114537001 OFFICE SUPPLIES -2/2017 08-003385 1011.60.740.65020 6.84 931296497001: OFFICE SUPPLIES -5/2017 11-000907 1011.51.501.65015 68.71 11-000907 1011.51.505.65015 68.70 931296943001 OFFICE SUPPLIES -5/2017 11-000907 1011.51.501.65015 19.52 Page: 25 vchlist Check List Page: 26 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188315 8/1/2017 000078 OFFICE DEPOT (Continued) 11-000907 1011.51.505.65015 19.53 932708291001 OFFICE SUPPLIES -6/2017 11-000907 1011.51.501.65015 42.53 11-000907 1011.51.505.65015 42.54 932709728001 OFFICE SUPPLIES -6/2017 11-000907 1011.51.501.65015 13.26 11-000907 1011.51.505.65015 13.26 932709729001 OFFICE SUPPLIES -6/2017 11-000907 1011.51.501.65015 4.82 11-000907 1011.51.505.65015 4.82 Total : 359.57 188316 8/1/2017 007429 ONESOURCE WATER, LLC CNIV225140 WATER COOLER RENTAL -10/31/2016-11/29/2017 06-006822 6051.45.450.63030 150.00 CNIV231482 WATER COOLER RENTAL -1/31/2016-4/29/2016 06-006822 1011.45.415.63030 50.00 CNIV231787 WATER COOLER RENTAL -4/2016-7/30/2016 06-006822 1011.45.415.63030 50.00 CNIV232124 WATER COOLER RENTAL -7/2016-10/302016 06-006822 1011.45.415.63030 50.00 CNIV232488 WATER COOLER RENTAL -10/31/2016-1/30/2017. 06-006822 1011.45.415.63030 150.00 SDIN434938 WATER COOLER RENTAL -5/2017 06-006528 1011.45.415.63030 9.00 06-006528 6051.45.450.63030 100.00 Total : 559.00 188317 8/1/2017 010666 ORTIZ, WILLIAM 461018201 REFUND -SUMMER CAMP CANCELLED 1011.60.33225 80.00 Total : 80.00 188318 8/1/2017 009197 PACIFIC EH &S SERVICES, INC. 17-1139A ANNUAL CERS SUBMITTAL -4/2017 06-006745 6051.45.450.64399 1,100.00 Total : . 1,100.00 188319 8/1/2017 002771 PCM -G B02830330101, MICROSOFT WINDOWS SERVER STANDARD 2016 26 Page: vchlist Check 'List Page: 27 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188319 8/1/2017 002771 PCM -G (Continued) 12-000154 1011.65.290.65020 863:88 12-000154 6051.65.290.65020 863.88 Total : 1,727.76 188320 8/1/2017 000490 PETTY CASH -RECREATION 000490060517 REPLENISHMENT -5/2/2017-6/5/2017 1011.60.701.65020 21.45 1011.60.705.65020 7.87 1052.60.701.64020 176.06 1011.60.705.65020 59.30 1052.60.701.64020 45.86 Total : 310.54 188321 8/1/2017 008307 PHOENIX GROUP INFORMATION SYS 0520171204 PARKING CITATION PROCESSING SVCS -5/2017 11-000821 1011.51.605.62015 85.22 052017204 PARKING CITATION PROCESSING SVCS -5/2017 11-000892 1011.51.515.62015 3,519.64 Total : 3,604.86 188322 8/1/2017 010637 PROCURE -AMERICA, INC. 12-1602 COST REDUCTION SONCULTING SVCS-EDISON-3/2017 02-002009 2651.45.425.62015 3,767.46 3-1701a COST REDUCTION SONCULTING SVCS-EDISON-4/2017 02-002009 2651.45.425.62015 21,335.34 Total : 25,102.80 188323 8/1/2017 001142 QUILL CORPORATION 6183403 OFFICE SUPPLIES -4/2017 05-001420 1011.35.335.65015 276.56 6292738 - OFFICE SUPPLIES -5/2017 05-001420 1011.35.335.65015 -276.56 6292738-A OFFICE SUPPLIES -4/2017 05-001420 1011.35.330.65020 553.12 6398585 COPY PAPER -5/2017 05-001428 1011.35.330.65020 -80.77 6398585-A OFFICE SUPPLIES -4/2017 05-001420 1011.35.335.65015 80.77 6402571 OFFICE SUPPLIES -5/2017 05-001420 1011.35.335.65015 359.88 Page: 27 vchlist Check: List Page: 28 07/26/2017 4:34:35PM City of Lynwood Bank code: apbank Voucher . Date Vendor Invoice PO # Description/Account Amount 188323 8/1/2017 001142 QUILL CORPORATION (Continued) 6402571-A OFFICE SUPPLIES -5/2017 05-001420 1011.35.335.65015 -323.06 7444321 COPY PAPER -6/2017 05.001428 1011.35.330.65020 329.14 Total : 919.08 188324 8/1/2017 010619 RAMEZANI, SAM 92379 REFUND -PARKING CITATION 1011.51.34150 57.75 Total : 57.75 188325 8/1/2017 001057 RAMIREZ, JUAN E. 170516 TRANSLATION FOR COUNCIL MEETINGS -5/2017 05-001412 1011.35.335.62015 325.00 Total: 325.00 188326 8/1/2017 010620 RAMOS, GUADALUPE ALMA 255124934 REFUND -PARKING CITATION 1011.51.34150 63.53 Total : 63.53 188327 8/1/2017 010628 RANGEL, MANUEL JOSE 266126795 REFUND -PARKING CITATION 1011.51.34110 124.00 Total : 124.00 188328 8/1/2017 010241 RECREATION SOCIETY, INC., 104556 MEMBERSHIP DUES -FY -2016-2017 1011.60.701.65040 20.00 Total : . 20.00 188329 8/1/2017 010488 RECREONIC, INC. 755742 SUPPLIES NEEDED/ NATATORIUM -6/2017 08-003415 1011.60.745.65020 479.65 1757722-01 SUPPLIES NEEDED/ NATATORIUM -6/2017 08-003416 1011.60.745.65020 1,657.07 Total : 2,136.72 188330 8/1/2017 009095 ROBERT R. COFFEE ARCHITECT 2066 CONSTRUCTION SERVICES -6/2017 06-006608 4011.67.011.62015 13,450.00 Total : 13,450.00 188331 8/1/2017 010674 ROJAS, MIGUEL ANGEL 004398 REFUND-BATEMAN HALL RENTAL DEPOSIT 28 Page: vchlist Check'iList Page: 29 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188331 8/1/2017 010674 ROJAS, MIGUEL ANGEL (Continued) 1011.60.33215 400.00 Total : 400.00 188332 8/1/2017 008036 RUBIO'S TIRE SHOP 1508 FLEET REPAIRS & MAINTENANCE -3/2017 06-006468 7011.45.420.63025 15.00 1511 FLEET REPAIRS & MAINTENANCE -4/2017 06-006468 7011.45.420.65045 30.00 1513 FLEET REPAIRS & MAINTENANCE -4/2017 06-006736 7011.45.420.63025 50.00 1517 FLEET REPAIRS & MAINTENANCE -4/2017 06-006736 7011.45.420.63025 50.00 1518 FLEET REPAIRS & MAINTENANCE -4/2017 06-006468 7011.45.420.65045 15.00 1523 FLEET REPAIRS & MAINTENANCE -5/2017 06-006736 7011.45.420.63025 50.00 1524 FLEET REPAIRS &MAINTENANCE -5/2017 06-006736 7011.45.420.65045 15.00 1527 FLEET REPAIRS & MAINTENANCE -5/2017 06-006736 7011.45.420.65045 30.00 1528 FLEET REPAIRS & MAINTENANCE -5/2017 06-006736 7011.45.420.65045 15.00 1532 FLEET REPAIRS & MAINTENANCE -6/2017 06-006736 7011.45.420.65045 279.80 - Total : 549.80 188333 8/1/2017 010661 RUIZ, ALFRED M137RUA004 REFUND -LIVE SCAN SERVICE 1011.35.330.64399 18.00 Total : 18.00 188334 .8/1/2017 000075 S & J SUPPLY CO. S100091128.004 MATERIALS AND SUPPLIES -6/2017 06-006505 6051.45.450.65020 665.55 S100091251.001 MATERIALS AND SUPPLIES -5/2017 06-006505 6051.45.450.65020 1,577.97 S100092480.001 MATERIALS AND SUPPLIES -6/2017 06-006505 6051.45.450.65020 195.75 29 Page: vchlist Check 'List Page: 30 07/26/2017 4:34:36PM City of Lynwood Bank code: apbank 010675 SHIPLEY, KEISHA 000494 Voucher Date Vendor SIDDELL, STEPHANIE Invoice 188334 8/1/2017 000075 000075 S & J SUPPLY CO. (Continued) 188335 8/1/2017 010668 SALGADO, ALEXANDER M178SAA008 188336 8/1/2017 007205 SANCHEZ AWARDS 1063 188337 8/1/2017 010635 SECURITY OF LOS ANGELES, INC 170522C 188338 8/1/2017 010595 SHI INTERNATIONAL CORP. B06756382 188339 8/1/2017 010675 SHIPLEY, KEISHA 000494 188340 8/1/2017 008424 SIDDELL, STEPHANIE 850 188341 8/1/2017 010671 SMITH, DENISHA 000486 188342 8/1/2017 010627 SMITH, NOYED EMMETT 87102 188343 8/1/2017 000312 SPARKLETTS 14855810 062417 LUCY AVALOS CENTER- CAMERA SURVEILLANCE - 06 -006854 4011.67.007.66015 8,857.48 PO # Description/Account Amount Total : 2,439.27 REFUND -LIVE SCAN SERVICE 1011.35.330.64399 18.00 Total : 18.00 PLAQUE AND ENGRAVING SERVICES -6/2017 01-001145 1011.10.101.64399 44.65 Total : 44.65 LUCY AVALOS CENTER- CAMERA SURVEILLANCE - 06 -006854 4011.67.007.66015 8,857.48 Total : 8,857.48 SYNOLOGY NETWORK AREA STORAGE -6/2017 12-000163 6051.65.290.66015 4,128.97 6051.65.290.66015 402.57 Total : 4,531.54 REFUND -BUILDING RENTAL DEPOSIT 1011.60.33215 100.00 Total : 100.00 SENIOR CENTER FATHER'S DAY CELEBRATION -6/2017 08-003417 1011.60.745.64399 250.00 Total : 250.00 REFUND-BATEMAN HALL RENTAL 1011.60.33210 50.00 Total : 50.00 REFUND -PARKING CITATION 1011.51.34110 68.78 Total : 68.78 WATER SERVICES -6/2017 11-000808 1011.51.515.64399 59.15 Page: 30 vchlist Check List Page: 31 07/26/2017 4:34:36PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188343 8/1/2017 000312 000312 SPARKLETTS (Continued) Total: 59.15 188344 8/1/2017 000089 STAPLES OFFICE WAREHOUSE 3343234790 OPERATING SUPPLIES -6/2017 188345 8/1/2017 000383 STATE CONTROLLER'S OFFICE 188346 8/1/2017 010268 STAY LOYAL 188347 8/1/2017 007696 STN SOLUTIONS, INC. 188348 8/1/2017 008890 TAFOYA AND GARCIA, LLP 3343234791 3343234792 3343234793 3343234794 3343234795 PF00000734 PF00000735 PF00000750 FTB-00000249 0001466 5024 2017.0201 2017.0206 06-006568 06-006568 06-006568 06-006568 06-006568 06-006568 06-006490 06-006490 06-006490 11-000887 06-006804 12-000156 02-001934 6051.45.450.65020 OPERATING SUPPLIES -6/2017 6051.45.450.65020 OPERATING SUPPLIES -6/2017 6051.45.450.65015 OPERATING SUPPLIES -6/2017 6051.45.450.65015 /OPERATING SUPPLIES -6/2017 6051.45.450.65015 OPERATING SUPPLIES -6/2017 6051.45.450.65015 OFFICE SUPPLIES -6/2017 1011.45.415.65020 OFFICE SUPPLIES -6/2017 1011.45.415.65020 OFFICE SUPPLIES -6/2017 1011.45.415.65020 427.96 427.96 42.21 427.96 168.94 449.85 302.05 1,337.21 129.63 Total : 3,713.77 STATE CONTROLLER'S 2016 1011.51.515.64399 642.21 Total : 642.21 2 JACKETS DUNBROOKE TRIUMPH WITH -5/2017 1011.45.415.60040 124.24 Total : 124.24 DATA CENTER ISCSI NETWORK/ SUPPORT -6/2017 1011.65.290.64399 2,000.00 Total : 2,000.00 LEGAL FEES -2/2017 1011.30.265.62007 LEGAL FEES -2/2017 840.00 Page: 31 vchlist Check List Page: 32 07/26/2017 4:34:35PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO #E Description/Account Amount 188348 8/1/2017 008890 TAFOYA AND GARCIA, LLP (Continued) 02-001934 1011.30.265.62017 1,557.50 2017.0306 LEGAL FEES -3/2017 02-001934 1011.30.265.62012 962.50 02-001934 1011.30.265.62017 35.00 Total : 3,395.00 188349 8/1/2017 002938 TAJ OFFICE SUPPLY 0037106-001 OFFICE SUPPLIES -7/2016 06-006805 6051.45.450.65015 218.92 0037451-001 CUSTOM FRAME -12/2016 06-006795 1011.45.415.64399 238.71 0037481-001 OFFICE SUPPLIES -12/2016 06-006796 2651.45.425.65020 71.94 0037856-001 UTILITY SERVICES TONER -4/2017 06-006786 6051.45.450.65020 119.61 0038098-001 BUSINESS CARDS -6/2017 08-003429 1011.60.740.62025 63.60 0038156-001 OFFICE SUPPLIES -6/2017 08-003430 1011.60.740.65015 281.57 Total : 994.35 188350 8/1/2017 000007 TAYLOR, WOODROW 17-184 HEARING EXAMINER FOR PARKING -6/2017 11-000849 1011.51.515.62015 400.00 Total : 400.00 188351 8/1/2017 009401 THE 2ND COMING SILK SCREEN 1808170421 ADULT BASKETBALL & SOFTBALL SEATSHIRTS-4/2017 08-003409 1011.60.705.65020 453.44 1808170422 ADULT BASKETBALL & SOFTBALL SEATS H I RTS -4/2017 08-003409 1011.60.705.65020 337.90 Total : 791.34 188352 8/1/2017 000612 THE MAGIC ROSE 053017 FLOWER SERVICES -5/2017 01-001155 1011.10.101.64399 54.87 Total : 54.87 188353 8/1/2017 006729 THE PIN CENTER 0417052 ELECTRIC VEHICLE FLEET LAPEL PINS -4/2017 06-006806 2051.45.410.64399 284.50 Page: 32 vchlist Check List Page: 33 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188353 8/1/2017 006729 006729 THE PIN CENTER (Continued) Total : 284.50 188354 8/1/2017 004679 TIME WARNER CABLE 0975071517 AVALOS PARK CENTER- INTERNET SERVICES -6/2017 08-003316 1011.60.715.64399 199.99 5317071517 CITY HALL -CABLE AND INTERNET SERVICES -6/2017 12-000112 1011.65.290.64399 83.29 12-000112 6051.65.290.64399 83.30 Total : 366.58 188355 8/1/2017 006068 TRIMMING LAND COMPANY, INC. 8011 TREE TRIMMING AND LANSCAPING SERVICES -6/2017 06-006637 2701.45.620.62015 30,845.00 8015 TREE TRIMMING AND LANSCAPING SERVICES -6/2017 06-006637 2701.45.620.62015 418.50 Total : 31,263.50 188356 8/1/2017 010066 TRI -WEST MECHANICAL, INC. TWM8709 HVAC MAINTENANCE/REPAIR SERVICES -6/2017 06-006597 1011.45.415.63025 263.75 TWM8710 HVAC MAINTENANCE/REPAIR SERVICES -6/2017 06-006597 1011.45.415.63025 175.00 Total : 438.75 188357 8/1/2017 008160 U -HAUL 4911704 HITCHES AND TRAILER ACCESSORIES -6/2017 06-006747 7011.45.420.65045 108.91 Total : 108.91 188358 8/1/2017 007742 ULINE, INC. 87361296 ICE BAGS FOR BATEMAN HALL -5/2017 08-003389 1011.60.740.65020 107.46 Total : 107.46 188359 8/1/2017 010684 VELA, ANA MARIA 1620802-1 REFUND BATEMAN HALL RENTAL -CANCELLED 1011.60.33215 400.00 1711401-1 REFUND BATEMAN HALL RENTAL -CANCELLED 1011.60.33215 1,000.00 1713503-2 REFUND BATEMAN HALL RENTAL -CANCELLED 1011.60.33215 800.00 4594 REFUND BATEMAN HALL RENTAL -CANCELLED 1011.60.33215 -25.00 Page: 33 vchlist Check List Page: 34 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188359 8/1/2017 010684 010684 VELA, ANA MARIA (Continued) Total : 2,175.00 188360 8/1/2017 010654 VILLALOBOS, EDUARDO 84948 REFUND -PARKING CITATION 1011.51.34110 124.00 188361 8/1/2017 010690 WALKER, JACQUELINE 188362 8/1/2017 004013 WALTERS WHOLESALE ELECTRIC CO 188363 8/1/2017 002912 WATERLINE TECHNOLOGIES, INC 4588 S 108170018.001 5375253 5376921 5376922 5376923 5376924 5376925 5377021 5377022 5377023 5377890 5377891 5377892 06-006534 06-006495 06-006495 06-006495 06-006495 06-006495 06-006495 06-006495 06-006495 06-006495 06-006495 06-006495 Total : 124.00 REFUND-BATEMAN HALL RENTAL -CANCELLED 1011.60.33215 75.00 Total : 75.00 ELECTRICAL SUPPLIES -6/2017 1011.45.415.65020 291.03 Total : SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 6051.45.450.65020 SODIUM HYPOCHLORINE SOLUTION -6/2017 291.03 209.73 316.21 209.73 390.42 180.69 484.00 413.01 114.10 217.80 214.57 193.60 Page: 34 vchlist Check List Page: 35 07/26/2017 4:34:35PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188363 8/1/2017 002912 WATERLINE TECHNOLOGIES,INC (Continued) 06-006495 6051.45.450.65020 190.37 5377893 SODIUM HYPOCHLORINE SOLUTION -6/2017 06-006495 6051.45.450.65020 290.40 5378887 SODIUM HYPOCHLORINE SOLUTION -6/2017 06-006495 6051.45.450.65020 453.34 5378889 SODIUM HYPOCHLORINE SOLUTION -6/2017 06-006495 6051.45.450.65020 225.87 Total : 4,103.84 188364 8/1/2017 009100 WATERWORKS TECHNOLOGY, INC. 6146 INTERIM CHIEF OPERATOR -4/2017 06-006684 6051.45.450.62015 5,230.28 6149 INTERIM CHIEF OPERATOR -4/2017 06-006684 6051.45.450.62015 6,271.76 6154 INTERIM CHIEF OPERATOR -5/2017 06-006684 6051.45.450.62015 3,603.60 06-006684 6401.45.460.62015 1,566.29 6157 INTERIM CHIEF OPERATOR -5/2017 06-006684 6051.45.450.62015 6,003.36 Total : 22,675.29 188365 8/1/2017 000040 WAXIE SANITARY SUPPLY 76771485 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 62.34 76782943 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 20.45 76782944 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 111.31 76790567 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 483.01 Total : 677.11 188366 8/1/2017 010669 WEBB, ANDREA 004486 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33215 100.00 Total : 100.00 188367 8/1/2017 001522 WECK LABORATORIES, INC. W7F0999-colynwood ANALYZE WATER SAMPLES AND BACTERIA -6/2017 06-006494 6051.45.450.64399 400.00 Page: 35 vchlist Check',List Page: 36 07/26/2017 4:34:35PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188367 8/1/2017 001522 001522 WECK LABORATORIES, INC. (Continued) Total : 400.00 188368 8/1/2017 010687 WILLIAMS, TYRISHA 000496 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33210 100.00 Total : 100.00 188369 8/1/2017 008846 YANEZ, JACQUELINE 226 BARTENDER SERVICE-6/2017 08-003431 1011.60.740.62064 200.00 4542 BARTENDER SERVICE-6/2017 08-003431 1011.60.740.62064 250.00 Total : 450.00 . 188370 8/1/2017 000605 ZUMASYS INC. 25775 LEGACY FINANCE SERVER DATA MIGRATION-11/2017 02-001930 1011.30.270.64399 182.50 02-001930 1052.30.315.64399 182.50 02-001930 6051.30.315.64399 182.50 02-001930 6401.30.315.64399 182.50 Total : 730.00 188371 8/1/2017 010617 AMAYA, ELIZABETH Ref000104167 UB Refund Cst#055724 6051.20103 104.07 Total : 104.07 188372 8/1/2017 010615 GRIFFIN, CHIRS Ref000104165 UB Refund Cst#055658 6051.20103 63.73 Total : 63.73 188373 8/1/2017 010616 HAYDEN, AMIE Ref000104166 UB Refund Cst#055669 6051.20103 34.03 Total : 34.03 188374 8/1/2017 010614 PARTERNS, LLC., DUKE Ref000104164 UB Refund Cst#055533 6051.20103 101.34 Total : 101.34 188375 8/1/2017 010611 REIMANN, WM O Ref000104161 UB Refund Cst#045138 6051.20103 423.64 Page: 36 vchlist 07/26/2017 4:34:35PM Bank code : apbank Voucher Date Vendor 188375 8/1/2017 010611 010611 REIMANN, WM O 188376 8/1/2017 010613 STEPS 111, INDEPENDENT 188377 8/1/2017 010612 TEMBIADOR, J.JESUS 185 Vouchers for bank code : apbank 185 Vouchers in this report FY -2016-2017 Checktist City of Lynwood Page: 37 Invoice PO # Description/Account Amount (Continued) Total : 423.64 Ref000104163 UB Refund Cst #055260 6051.20103 157.04 Total : 157.04 Ref000104162 UB Refund Cst #053743 6051.20103 37.38 Total : 37.38 Bank total : 1,930,245.41 Total vouchers : 1,930,245.41 Page: 37 FY -2017-2018 vchlist Check, List Page: 38 07/26/2017 4:62:55PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188378 8/1/2017 000370 ALATORRE, SALVADOR 000370083117 ELECTRONIC/MEDIA-AUTO EXPENSES -8/2017 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 188379 8/1/2017 009685 AMERICAN PLANNING ASSOCIATION 340508-1742 MEMBERSHIP DUES -FY -2017-18 1011.25.205.65040 410:00 Total : 410.00 188380 8/1/2017 001500 ASSOCIATION OF GOVERNMENTS, 0015002017-18 MEMBERSHIP DUES -FY -2017-18 1011.10.101.65040 6,935.00 Total : 6,935.00 188381 8/1/2017 001516 AUDITOR CONTROLLER, COUNTY 001516-2017-2018 LAFCO ALLOCATION FEE -FY -2017-2018 02-002010 1011.25.205.65040 1,293.61 Total : 1,293.61 188382 8/1/2017 000603 CAASSOC.OF PUB.INFO.OFFICALS 3474 MEMBERSHIP DUES -FY -2017-2018 1011.25.205.65040 1,218.00 Total : 1,218.00 188383 8/1/2017 004473 CALIF. CONTRACT CITIES ASSOC. 2068 MEMBERSHIP DUES -7/2017-6/2018 1011.10.101.65040 1,654.50 1011.25.205.65040 1,654.50 Total : 3,309.00 188384 8/1/2017 007782 CAMACHO, GABRIELA 007782083117 ELECTRONIC/MEDIA-AUTO EXPENSES -8/2017 1011.20.110.60030 250.00 Total : 250.00 188385 8/1/2017 001249 CASTRO, AIDE 001249083117 ELECTRONIC/MEDIA-AUTO EXPENSES -8/2017 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 188386 8/1/2017 010453 CMTA 2017-117 MEMBERSHIP DUES -FY -2017-18 1011.20.110.65040 155.00 Page: 38 vchlist Check List Page: 39 07/26/2017 4:52:55PM City of Lynwood Bank code : apbank Voucher Date Vendor 188386 8/1/2017 010453 010453 CMTA 188387 8/1/2017 003349 DELTA DENTAL OF CALIFORNIA 188388 8/1/2017 007566 HERNANDEZ, EDWIN 188389 8/1/2017 002577 LOPEZ, SANTIAGO 188390 8/1/2017 006145 METLIFE 188391 8/1/2017 004964 PENALOZA, ELIZABETH 188392 8/1/2017 000779 SANTILLAN-BEAS, MARIA 188393 188394 8/1/2017 008668 SOLACHE, JOSE LUIS Invoice (Continued) BE002335304 007566083117 002577083117 006145083117 004964071717 000779083117 008668083117 8/1/2017 001224 STANDARD INSURANCE COMPANY 001224083117 PO # Description/Account Amount Total : 155.00 DENTAL PREMIUM -8/2017 1011.20141 11, 920.22 7151.35.355.64012 6,957.31 Total : 18,877.53 ELECTRONIC/MEDIA-AUTO EXPENSES -8/2017 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 REIMB-RETIREE MEDICAL PREMIUM -7/2017-8/2017 7151.35.355.64012 2,039.56 Total : 2,039.56 DENTAL PREMIUM -8/2017 7151.35.355.64012 33.18 Total : 33.18 TUITION REIMBURSEMENT -7/2017 6051.30.315.61050 173.12 Total : 173.12 ELECTRONIC/MEDIA-AUTO EXPENSES -8/2017 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 600.00 ELECTRONIC/MEDIA-AUTO EXPENSES -8/2017 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 LIFE INSURANCE PREMIUM -8/2017 7151.35.355.64012 746.00 1011.20140 1,784.75 Page: 39 FY -2017-2018 vchlist Check List, Page: 40 07/26/2017 4:52:66PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice 188394 8/1/2017 001224 001224 STANDARD INSURANCE COMPANY 17 Vouchers for bank code : apbank 17 Vouchers in this report PO # Description/Account Amount (Continued)' Total : 2,530.75 Bank total : 39,724.75 Total vouchers : 39,724.75 Page: 40 FY -2016-2017 vchlist Check List Page: 41 07/27/2017 7:38:21AM City of Lynwood Bank code : apbank Voucher Date Vendor 188395 8/1/2017 008657 WASTE RESOURCES, INC 1 Vouchers for bank code : apbank 1 Vouchers in this report Invoice PO # Description/Account Amount 008657043017 RESIDENTIAL REFUSE COLLECTION -4/2017 06-006539 1052.45.440.62015 187,196.08 06-006539 1052.30.30152 -28,079.41 06-006539 1052.45.33420 -13,103.73 008657053117 RESIDENTIAL REFUSE COLLECTION -5/2017 06-006539 1052.45.440.62015 149,232.30 06-006539 1052.30.30152 -22,384.85 06-006539 1052.45.33420 -10,446.26 Total : 2623414.13 Bank total : 262,414.13 Total vouchers : 262,414.13 Page: 41 .T AGENDA STAFF REPORT DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manage . PREPARED BY: Gabriela Camacho, City Treasurer "`� Sheila Harding, Deputy City Treasurers; SUBJECT: Treasurer's Quarterly Investment Report Recommendation: It is recommended that the City of Lynwood receive and file the attached Quarterly Investment Report. The following information provided in this report highlights the investment activity for the 4t" quarter ending June 30, 2017. Background: Due to the crisis caused by the Orange County investment pool, the State Legislature in 1995 enacted SB564 and S13866. These laws were enacted as State Statutes to impose certain mandates regarding investments with public funds. The statutes have imposed the following mandates: 1. Annual adoption of an Investment Policy that incorporates changes mandated by the State. 2. Quarterly Investment Reports presented to the Legislative Body or Board Members. 3. Restriction on the use of certain investment instruments. The purpose of the Treasurer's report is to update the City Council and the public of the status of the City's cash balances, investments and highlight changes from one period to another. This report includes reconciliation between cash and investment balances, a schedule of all investments, and a report providing information on all investment types, costs, interest rates, maturity dates and current market value. AGENDA ITEM The market value of securities fluctuates, depending on how interest rates perform. When interest rates decrease, the market value of the securities in the City's portfolio will likely increase and when the interest rates increase, the market value of the securities will likely decrease. The City's practice is to buy and hold investments until maturity -so changes in the market price do not affect the City's investment principal. Short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. LAIF is a high quality investment available in terms of safety, liquidity and yield. The City's cash and investment portfolio is sufficiently liquid to meet expected expenditures for the coming six months. The majority of property tax revenues are received from the County in December and April. The vast majority of cash held by the City is deposited into the Local Agency Investment Fund and can be withdrawn at any time. There are eight petty cash funds totaling $3,300.00 currently being used by various departments. There are two change funds totaling $440.00; Water Billing $400.00 and Recreation $40.00. The total amount of Non Sufficient Funds (NSF) from customers for the 4th quarter reporting is $3,338.91 of which, $185.00 has been collected. The remaining balance of Non Sufficient Funds for the 4th quarter outstanding is $3,153.91. The market valuation is provided by FTN Main Street Capital Advisors and all of the investments are in compliance with California Government Code Sections 53600 et seq. and the City's investment policy. Reports prepared by FTN Main Street Capital Advisors are as follows: • Portfolio Summary • Investment Policy Compliance Report • Historical Earnings & Book Rate • Portfolio Summary - Management • Portfolio Details — Investments Report • Inventory by Maturity Report • Credit Rating Report • Interest Earnings Report • Accrued Interest Report • Cash Reconciliation Report • Monthly Economic & Market Update Report Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. CITY OF LYNWOOD QUARTERLY REPORT June 30, 2017 MASTER SUMMARY MARKET DESCRIPTION VALUE AVERAGE PERCENTAGE (%) DAYS TO PORTFOLIO MATURITY INVESTMENTS* 28,785,899.99 100% CERTIFICATE OF DEPOSIT/TIME DEPOSIT/ MONEY MARKET/CUSTODY HOLDINGS 3,847,230.49 CHECKING ACCOUNT 10,367,956.48 C TOTAL AVERAGES $ 14,215,186.97 TOTAL INVESTMENTS & AVERAGES $ 43,001,086.96 J,Z?. l e�Z�L Gabriela Camacho/Shea a Harding I certify that this report accurately reflects all pooled City Treasurer/Deputy Treasur investment policy statements adopted by the City Council on August 15, 1995. A copy of this policy is available at the office of the City Clerk. The Investment Program herein shown provides sufficient cash flow lipuidy to meet 3 to 6 months estimated expenditures. *See Report Prepared by Main Street Capital Advisors June 2017 CITY OF LYNWOOD QUARTERLY REPORT 30 -Jun -17 PORTFOLIO SUMMARY INVESTMENTS PAR VALUE Maturity Date Interest MARKET VALUE BOOK VALUE *Money Market Funds $ 35,739.13 $ 35,739.13 $ 35,739.13 LAIF $ 18,215,604.32 $ 18,215,604.32 $ 18,215,604.32 Corporate Notes $ 3,250,000.00 $ 3,241,767.50 $ 3,245,112.30 Federal Agency $ 2,000,000.00 $ 1,990,365.00 $ 1,992,744.14 Treasury Coupon Securities $ 1,000,000.00 $ 1,000,005.00 $ 997,433.51 Federal Agency - Callable $ 350,000.00 $ 348,449.50 $ 350,000.00 CD -FDIC $ 3,956,000.00 $ 3,953,969.54 $ 3,955,167.65 TOTAL $ 28,807,343.45 $ 28,785,899.99 $ 28,791,801.05 *Money Market Fund held at Goldman Sach Schedule of City Cash & Investments: This schedule provides information on the cash and investments managed by the City. Time Deposit/MM/Certificate of Deposit Balance Maturity Date Interest JP Morgan Chase (Section 108) $ 123,857.26 N/A $ 45.21 JP Morgan Chase - Money Market Account $ 1,860,697.36 N/A $ 679.10 JP Morgan Chase - Parking Enforcement $ 1,858,137.78 N/A $ 664.23 US Bank - City of Lynwood $ 4,538.09 N/A $ 0.10 TOTAL $ 3,847,230.49 $ 1,388.64 Corporate Checking Accounts Balance General Account $ 3,296,041.69 US Bank - City HCDA $ 33,454.79 US Bank - City Home Program $ 247,109.00 US Bank - Economic Development $ 6,510.27 US Bank - Housing Authority A $ 8,529.28 US Bank - Housing Authority B $ 18,000.09 US Bank - Lyn Tr. Center Unf Wrkr $ 2,791.24 US Bank - City of Lynwood $ 49,028.48 US Bank - RORF Successor Agency $ 2,858,648.26 US Bank - Low Mod Housing Trst Fnd/Rogel $ 1,142,898.88 US Bank - Taxable Tabs Housing Proj. $ 1,710,209.45 US Bank - US Dept. of HUD/Section 108 $ 170,048.96 US Bank - Lynwood Disaster Relief Fund $ 5,000.00 US Bank - Settlement Remittance Fund $ 769,931.59 US Bank - Housing Authority $ 49,754.50 TOTAL $ 10,367,956.48 June 2017 CITY OF LYNWOOD QUARTERLY INVESTMENT REPORT June 30, 2017 Schedule of City Cash & Investments: This schedule provides information on the cash and investments managed by the City. Money Market/Certificate of Deposit (CD) JP Morgan Chase - Section 108 MMA JP Morgan Chase - Money Market Account JP Morgan Chase - Parking Enforcement US Bank - City of Lynwood Total Demand Deposits General Account US Bank - Economic Development US Bank - Housing Authority A US Bank - Housing Authority B US Bank - City HCDA US Bank - City Home Program US Bank - Taxable Tabs US Bank - Lyn Tr. Center Unf Wrkr US Bank - Money Market Account US Bank - US Dept. of HUD/Section 108 US Bank - RORF Successor Agency US Bank - Low Mod Housing Trst Fnd/Rogel US Bank - Lynwood Disaster Relief Fund US Bank - Settlement Remittance Fund US Bank - Housing Authority Total Quarterly Interest Credit Balance Interest F/Y to Date $ 123,857.26 $ 45.21 $ 124.72 $ 1,860,697.36 $ 679.10 $ 1,811.64 $ 1,858,137.78 $ 664.23 $ 1,608.16 $ 4,538.09 $ 0.10 $ 0.40 $ 3,847,230.49 $ 1,388.64 $ 3,544.92 $ 3,296,041.69 $ 6,510.27 $ 8,529.28 $ 18,000.09 $ 33,454.79 $ 247,109.00 $ 1,710,209.45 $ 2,791.24 $ 49,028.48 $ 170,048.96 $ 2,858,648.26 $ 1,142,898.88 $ 5,000.00 $ 769,931.59 $ 49,754.50 $ 10,367,956.48 Money Market Fund - A Money Market fund is a type of mutual fund that invest in short term debt securities of agenies of the U.S. Government, banks, corporations and U.S. Treasury Bills. Some advantages of a money market fund over savings and CDs are high liquidity, low risk, and competive yields. The City currently has a total of five MMA accounts within the City's investment portfolio. Certificate of Deposit - A Certificate of Deposit or CD, is a time deposit. They are similar to savings accounts in that they are insured and relatively risk-free. They are different from savings accounts in that they usually are for a fixed term and a fixed interest rae. CDs are inteded to be held until maturity, at which time, the money may be withdrawn together with the accrued interest. The City currently has one CD within the City's investment portfolio Demand Deposits - Also known as "cash in the bank", this is the balance of the City's checking account with US Bank, from which virtually all obligations are paid. CITY OF LYNWOOD QUARTERLY REPORT June 30, 2017 LAIF Daily .85% - Quarterly .78% Interest Date Interest Issuer Investment Balance Received Received Rate State of California LAIF 18,215,604.32 $ 34,188.74 14 -Apr -17 0.55% Local Agency Investment Fund (LAIF): The Local Agency Investment Fund is managed by the State Treasurer's Office Investment Division through the Pooled Money Investment Account (PIMA). The LAIF allows cities, counties and special districts to place money in a major portfolio and to use the expertise of their Investment Division staff, with no additional cost to taxpayers. Participating agencies can withdraw their funds from the LAIF at any time. The State Treasurer invests money safely and prudently while minimizing the service costs and maximizing the service costs and maximizing the investment yields. These investments help manage cash flow and enhance financial security. The interest earned from the LAIF is distribued quarterly. (See Chart Below) Pooled Money Investment Account Portfolio Composition 72.4 Billion 6/30/2017 47.09% Treasuries ]Iiiiiiiiijiiiiiiiir 0.06% Mortgages r7.59% Agencies15.56% CDs/BNs17.13% Time Deposits NowAccounts Commercial Paper.6Corporate Bonds Loans 1 1.97% — 0 0.2 0.4 0.6 0.8 1 2017 CITY OF. LYNWOOD QUARTERLY REPORT 30 -Jun -17 BALANCES PER MONTH 2017 2016 Jan - Mar Apr -June July - Sept Oct - Dec Investments Managed by Main Street $27,702,420.92 $ 28,785,899.99 $ 29,142,383.27 $ 25,645,374.55 Cash & Investments $12,304,848.15 $ 14,215,186.97 $ 11,948,260.63 $ 12,685,154.61 Per Treasurer's Reports $40,007,269.07 $ 43,001,086.96 $ 41,090,643.90 $ 38,330,529.16 BALANCES PER STATEMENT DEMAND DEPOSIT ACCOUNTS Accounts Apr -17 Balances per Statement Beginning Credits Debits Ending US Bank - General Account* $ 3,138,570.26 $ 5,506,851.12 $ 4,954,982.94 $ 3,690,438.44 *Local Agency Investment Fund $ 17,181,415.58 $ 34,188.74 $ - $ 17,215,604.32 US Bank - Economic Development $ 5,456.25 $ - $ - $ 5,456.25 US Bank - RORF - Successor Agency $ 2,489,050.01 $ - $ 255.00 $ 2,488,795.01 Accounts May -17 Balances per Statement Beginning Credits Debits Ending US Bank - General Account* $ 3,690,438.44 $ 6,961,194.42 $ 8,042,500.08 $ 2,609,132.78 *Local Agency Investment Fund $ 17,215,604.32 $ 3,000,000.00 $ - $ 20,215,604.32 US Bank - Economic Development $ 5,456.25 $ - $ - $ 5,456.25 US Bank - RORF - Successor Agency $ 2,488,795.01 $ 18,896.74 $ 60,517.01 $ 2,447,174.74 Accounts Jun -17 Balances per Statement Beginning Credits Debits Ending US Bank - General Account $ 2,609,132.78 $ 6,936,886.99 $ 6,249,978.08 $ 3,296,041.69 *Local Agency Investment Fund $ 20,215,604.32 $ - $ 2,000,000.00 $ 18,215,604.32 US Bank - Economic Development $ 5,456.25 $ - $ - $ 5,456.25 US Bank - RORF - Successor Agency $ 2,447,174.74 $ 1,567,279.00 $ 1,155,805.48 $ 2,858,648.26 *Funds transferred from LAIF account to the general account to cover expenditures CITY OF LYNWOOD BOND REPORT 30 -Jun -17 PURCHASE PAR MARKET TRU STE E ACCO U NTS DATE VALUE VALUE Lynwood Utility Authority Enterprise Refunding Revenue Bond, 2008 Series A BNY Trust Company Lynwood Untility Authority Enterprise Revenue Bond 2009 Series A BNY Trust Company Lynwood Public Finance Authority Lease Revenue Bond, Civic Center Series 2010A US Bank Corporate Trust Services Lynwood Redevelopment Agency Tax Allocation Bonds, Series 2011, Series A Fiscal Agent Activities US Bank Corporate Trust Services Lynwood Redevelopment Agency Tax Allocation Bonds, Series 2011, Series B Fiscal Agent Activities US Bank Corporate Trust Services Lynwood Public Financing Authority Lease Revenue Refunding Bonds 2003 A US Bank Coporate Trust Services June 2017 May -09 $9,755,000.00 3,598,444.66 Nov -08 - $5,732,000.00 574,392.59 Aug -10 $9,000,000.00 5,008,961.75 Mar -11 $18,480,000.00 19,821,825.55 Mar -11 $5,660,000.00 555,284.29 Aug -03 $8,630,000.00 377,294.64 F'I'N FINANCIAL. Portfolio Summary ® MAIN STREET ADVISORS A SaAINd TTrvune &n.E N.�VI AORS 6/30/2017 City of Lynwood _ n _ SECTOR ALLOCATION _ DISTRIBUTION CREDIT QUALITY (MOODY'S) f ° Agy 8.1 /o 90% --- -- - - ----- - Corp 11.3% Aaa 12.6% Tsy 3.5% 78.1% CD-FDIC Aa3 0.9% 13.7% 4 70% Aa2 0.9% MMF0.1% r+& 50% __- Al 4.3% 30% A3 0.9% P-1 0.0% 20% - __ . ._ - 11.3% NR-FDIC.. ; 13.74 3.4 /o 1.7% x: NR-LAIF 63.3% LAIF 63.3% 0% - -- - ----T-`i 0-1 Y 1-2Y 2 3Y 34Y 4-5Y 0% 25% 50% 75% Per Book ValuePer Book Value NR: Not Rated Imm�m ACCOUNT SUMMARY ..�__n__ -MMONTH-END PORTFOLIO mBOOkYIELD . _ _ m �m MT_ OP ISSUERS 1.60% - --- - -- -- - Issuer % Portfolio 6/30/17 .. . 5/31/17 1.50% -- - - - - - LAIF 63.3% FNMA 5.2% Market Value $28,785,900 $30,780,631 1.40% - - --- - - -- - U.S. Treasury 3.5% Book Value $28,791,801 $30,775,540 1.30% - - Wells Fargo Bank 1.7% Variance -$5,901 $5,091 FHLB 1.7% 1.20% FHLMC 1.2% Par Value $28,807,343 $30,791,252 1.10% - PNC Bank 0.9% 1.00% - Honda 0.9% Net Asset Value $99.980 $100.017 Branch Banking &Trust 0.9% 0.90% Exxon Mobil 0:9% Purchase Yield 1.19% 1.13% Pfizer 0.9% ° US Bank 0.9% Years to Maturity 0.59 0.56 0,70% ---. "-'', Notal -0--Ex LAIF - Caterpillar 0.9% Toyota 0.9% Effective Duration 0.54 0.59 0.60% Chevron 0.9% 1-01-0 1-01 ^ h ^ r b c n >---)DWUoWWW COD Q cn O z o U- 2 Q:5 *Book Value is Amortized Per Book Value 2 ro FTN FINANCIAL. Investment Policy Compliance . AMn�dSTREETADVIsoRs 6/30/2017 City of Lynwood Item / Sector Parameters In Compliance Weighted Average Maturity Weighted Average Maturity (WAM) must be less than 3.0 years Yes: 0.59 Yrs Liquidity At least 30% of the portfolio must have maturities of 1 year or less Yes: 78.1% U.S. Treasuries No sector limit, no issuer limit, maximum maturity 5 years Yes: 3.5% U.S. Federal Agencies 50% sector limit, no issuer limit (FHLB, FFCB, FNMA, FHLMC), maximum maturity 5 years Yes: 8.1% Negotiable Certificates of Deposit 30% sector limit, issuer limit no greater than FDIC insured limit (currently $250,000), max maturity 5 years, Yes: 13.7% issued by national/state charter banks or savings and loan associations Non -Negotiable Time Deposits 25% sector limit, no issuer limit, issued by national/state charter banks or savings and loan associations, o Yes: 0.0% collateralized according to State Code Commercial Paper 25% sector limit, 2% per issuer, maximum maturity 270 days, rated A-1 S&P or P-1 Moody's, issued by a Yes: 0.0% domestic corporation w/ at least $500 million of assets and A (S&P) or A2 (Moody;s) long term debt LAIF No sector limit, issuer limit is $65 million Yes: $18.2 (Million) Corporate Medium Term Notes 30% sectors limit, 2% issuer limit (includes CP in aggregate), maximum maturity 5 years, rated at least A Yes: 11.3% by S&P or A2 by Moody's Money Market Mutual Funds Sector limit 20%, issuer limit 10%, Aaa (S&P) and AAA (Moody's) Yes: 0.1% Supranational Debt Obligations 30% limit, 5% per issuer of US dollar-denominated senior unsecured unsubordinated obligations o Yes: 0.0% guaranteed by IBRD, IFC, and IABD. Max maturity 5 years, min rating by 2 NRSRO's of AA. Securities' market values are derived from the Entity's custodian. FTN FINANCIAL. Historical Earnings and Book Rate of Return Performance MAIN STREET ADVISORS 6/30/2017 City of Lynwood Fiscal Year -to -Date Earnings $300 ■ FY 2013 $250 - 13FY 2014 $200 W FY 2015 _ ■ FY 2016 m $150 - - ? u FY 2017 o $100 _ i $50 t - $0 _ - 1 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Fiscal YTD ($000s) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 2013 $11.3 $23.2 $33.4 $54.7 $63.9 $72.7 $88.2 $98.6 $109.8 $125.3 $135.8 $145.8 FY 2014 $10.1 $24.6 $34.1 $51.3 $61.1 $70.7 $87.2 $96.6 $107.6 $123.5 $133.8 $144.8 FY 2015 $12.2 $25.2 $38.6 $60.4 $73.8 $87.6 $109.0 $122.3 $136.9 $159.5 $174.8 $190.5 FY 2016 $16.9 $34.0 $49.5 $78.2 $93.6 $109.5 $136.7 $154.3 $173.9 $205.9 $225.9 $245.5 FY 2017 1 $20.7 1 $42.0 1 $63.2 1 $85.8 1 $106.6 1 $128.0 1 $152.4 1 $176.5 1 $200.9 1 $225.6 1 $252.5 $281.1 1.10%Book Rate of Return vs Benchmark 1.00°ro - - - - 0.90% - - 0.80% 0.70% - - - --- 0.60% -O-Portfolio -0-Benchmark Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Fiscal YTD Jul Auq Sep Oct Nov Dec Jan Feb Mar Apr May Jun Book Rate of Rtn 0.84% 0.85% 0.86% 0.88% 0.88% 0.90% 0.92% 0.93% 0.94% 0.96% 0.97% 0.99% Custom Benchmark` 0.65% 0.67% 0.68% 0.70% 1 0,73% 0.76% 0.79% 1 0.80% 0,85% 0.90% 0.94% 0.98% Variance 0.19% 0.18% 0.18% 0.18% 0.15% 0.14% 0.13% 0.13% 0.09% 0,06% 0.03% 0.01% *Benchmark: 60% LAI F's Monthly Distribution Rate and 24 Month Moving Average of 40% of the 1-3 Year Agency Index 13 Lynwood - Portfolio Management Portfolio Management Portfolio Summary June 30, 2017 Par Market Investments Value Value Book % of Days to YTM YTM Value Portfolio Term Maturity 380 Equiv. 365 Equiv- Money Market Funds 35,739.13 35,739.13 35,739.13 0.12 1 1 0.848 0.860 LAIF 18,215,804.32 18.215,604.32 18,215,804.32 63.27 1 1 D.967 0.980 Corporate Notes 3,250.00D.01) 3,241,767.50 3.245,112.30 11.27 1,121 568 1.599 1.621 Federal Agency 2,11130,00D.00 1,990,355.00 1,992,744.14 8.92 1,420 923 1.594 1.525 Treasury Coupon Securities 1,000,00D.00 1.000,1105.00 997,433.51 3.48 1,661 379 1.389 1.408 Federal Agency Callable 350.0010D 348,449.50 35D,OD0.00 1-22 1,098 1.031 1.558 1.58D CD -FDIC 3,958,009.00 3,953,959.54 3,955,167.65 13.74 1,209 44B 1.495 1.516 28,807,343.45 28,785,899.99 28,791,801.05 100.00% 461 216 1.169 1.186 Investments Total Earnings June 30 Month Ending Fiscal Year To Date Fiscal Year Ending Current Year 28,593.15 281,134.77 281,134.77 Average Daily Balance 30,515,206.23 28,487,881.51 Effective Rate of Return 1.14% 0.99% 7-7-17 FTN Firfancial Main Street Advisors, Rick Phillips Reporting period 0610112017-0613012017 Data Updated: SET PMM: 07/061201715.12 Run Daw: 07ARM17 -15:12 Portfolio LYN1N AP P61 {PRF PM1}7- .0 Report Ver.7.3.5 16 Lynwood - Portfolio Management Portfolio Management Portfolio Details - Investments June 30, 2017 Page 1 Corporate Notes Average Purchase Stated YTM Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 365 Moody's S&P Date Money Market Funds 08/04/2016 250,000.00 244,242.50 249,715.63 1.550 1.579 9000 10011 Goldman Sach Govt MMF AA+ 35,739.13 35,739.13 35,739.13 0.860 0.860 Aaa AAA Subtotal and Average 116,736.95 35,739.13 35,739.13 35,739.13 Al 0.860 LAIF 149121-6D8 10074 Caterpillar 08/20/2014 250,000.00 249,950.00 9001 10000 LAIF 1.250 18,215,604.32 18,215,604.32 18,215,604.32 0.980 0.980 Subtotal and Average 19,948,937.65 18,215,604.32 18,215,604.32 18,215,604.32 244,129.34 0.980 Corporate Notes 037833CC2 10118 Apple 08/04/2016 250,000.00 244,242.50 249,715.63 1.550 1.579 Aal AA+ 08/04/2021 07330NAL9 10117 Branch Banking & Trust 07/05/2016 250,000.00 248,057.50 250,649.42 1.450 1.307 Al A 05/10/2019 149121-6D8 10074 Caterpillar 08/20/2014 250,000.00 249,950.00 249,994.55 1.250 1.267 A3 A 08/18/2017 17275RBJO 10123 Cisco 11/29/2016 250,000.00 246,917.50 244,129.34 1.850 2.443 Al AA- 09/20/2021 166764AEO 10105 Chevron 01/11/2016 250,000.00 250,547.50 249,780.12 1.718 1.810 Aa2 AA- 06/24/2018 24422ERY7 10125 John Deere 03/21/2017 250,000.00 249,117.50 247,629.37 1.700 2.086 A2 A 01/15/2020 02665WAC5 10109 Honda 03/10/2016 250,000.00 251,607.50 251,220.30 2.125 1.732 Al A+ 10/10/2018 717081DG5 10095 Pfizer 07/21/2015 250,000.00 250,167.50 250,023.07 1.500 1.490 Al AA 06/15/2018 69353REV6 10119 PNC Bank 08/31/2016 250,000.00 250,455.00 251,984.62 1.950 1.466 A2 A 03/04/2019 89233P7EO 10103 Toyota 12/23/2015 250,000.00 250,132.50 249,932.68 1.375 1.427 Aa3 AA- 01/10/2018 90331HMH3 10080 US Bank 09/12/2014 250,000.00 250,010.00 250,002.43 1.375 1.370 Al AA- 09/11/2017 94974BGBO 10078 Wells Fargo Bank 09/09/2014 250,000.00 250,015.00 249,986.34 1.400 1.430 A2 A 09/08/2017 30231GAP7 10110 Exxon Mobil 03/10/2016 250,000.00 250,547.50 250,064.43 1.708 1.692 Aaa AA+ 03/01/2019 Subtotal and Average 3,245,100.40 3,250,000.00 3,241,767.50 3,245,112.30 1.621 Federal Agency 3130AAB49 10124 FHLB 12/28/2016 500,000.00 499,035.00 493,979.07 1.875 2.162 Aaa AA+ 12/10/2021 3135GOYT4 10067 FNMA 03/12/2014 500,000.00 501,710.00 499,835.81 1.625 1.649 Aaa AA+ 11/27/2018 3136G3TB1 10114 FNMA 06/28/2016 500,000.00 494,000.00 500,000.00 1.100 1.100 Aaa AA+ 06/28/2019 3136G4DR1 10122 FNMA 10/17/2016 500,000.00 495,620.00 498,929.26 1.100 1.195 Aaa AA+ 10/17/2019 Subtotal and Average 1,992,666.04 2,000,000.00 1,990,365.00 1,992,744.14 1.525 Treasury Coupon Securities 912828UA6 10066 U.S. Treasury 01/30/2014 500,000.00 498,970.00 498,992.75 0.625 1.121 Aaa AA+ 11/30/2017 91282BC24 10068 U.S. Treasury 03/24/2014 500,000.00 501,035.00 496,440.76 1.500 1.696 Aaa AA+ 02/28/2019 Subtotal and Average 997,300.17 1,000,000.00 1,000,005.00 997,433.51 1.408 Portfolio LYNW Data Updated: SET _PMM: 07/06/2017 15:12 AP Run Date: 07/06/2017 - 15:12 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.5 18 Lynwood - Portfolio Management Portfolio Management Portfolio Details - Investments June 30, 2017 Page 2 Data Updated: SET_PMM: 07/06/2017 15:12 Run Date: 07/06/2017 - 15:12 Portfolio LYNW AP PM (PRF_PM2) 7.3.0 IN] Average Purchase Stated YTM Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 365 Moody's S&P Date Federal Agency Callable 3134GBHX3 10126 FHLMC 04/27/2017 350,000.00 348,449.50 350,000.00 1.580 1.580 Aaa AA+ 04/27/2020 Subtotal and Average 350,000.00 350,000.00 348,449.50 350,000.00 1.580 CD -FDIC 20033AJL1 10083 Comenity Capital Bank 11/28/2014 248,000.00 248,330.54 247,904.23 1.700 1.744 05/25/2018 020061-3N1 10127 Ally Bank 06/23/2017 248,000.00 249,257.20 247,640.57 1.900 1.952 06/22/2020 02587DZM3 10090 American Express Centurion Bk 07/01/2015 248,000.00 247,780.23 248,000.00 1.650 1.650 07/02/2018 02587CCR9 10082 American Express Bank 11/13/2014 248,000.00 250,902.74 248,000.00 2.150 2.151 11/13/2019 06740KGZ4 10072 Barclays Bank 07/03/2014 245,000.00 244,999.46 244,999.34 1.150 1.200 07/03/2017 20451PNK8 10097 Compass Bank 08/31/2015 248,000.00 248,113.63 248,000.00 1.500 1.500 03/01/2018 05573J5W0 10100 BMO Harris Bank 10/21/2015 248,000.00 247,863.78 248,000.00 1.100 1.100 10/23/2017 14042RAQ4 10098 Capital One NA 10/08/2015 248,000.00 247,818.44 247,846.52 1.650 1.700 10/09/2018 2546714QO 10075 Discover Bank 08/21/2014 245,000.00 245,060.44 244,865.59 1.750 1.802 08/20/2018 38148JQBO 10088 Goldman Sachs Bank 04/08/2015 248,000.00 247,494.80 248,000.00 1.200 1.207 04/09/2018 40434AZ44 10116 HSBC 07/08/2016 248,000.00 245,506.67 248,000.00 1.400 1.401 07/08/2020 856284Y73 10073 State Bank of India 06/01/2014 245,000.00 244,992.38 244,990.07 1.200 1.252 07/31/2017 795450PA7 10044 Salllie Mae Bank 08/22/2012 245,000.00 245,188.29 245,000.00 1.700 1.701 08/22/2017 87165HNN6 10115 Synchrony Bank 06/29/2016 248,000.00 245,230.63 248,000.00 1.550 1.551 06/29/2021 94974831<1 10107 Wells Fargo Bank 02/12/2016 248,000.00 247,610.93 248,000.00 1.150 1.152 02/12/2018 98970T5Y8 10101 Zions First Natl Bank 11/03/2015 248,000.00 247,819.38 247,921.33 1.100 1.197 11/01/2017 Subtotal and Average 3,864,465.00 3,956,000.00 3,953,969.54 3,955,167.65 1.516 Total and Average 30,515,206.23 28,807,343.45 28,785,899.99 28,791,801.05 1.186 Data Updated: SET_PMM: 07/06/2017 15:12 Run Date: 07/06/2017 - 15:12 Portfolio LYNW AP PM (PRF_PM2) 7.3.0 IN] Lynwood - Maturity Report Inventory by Maturity Report June 30, 2017 Portfolio LYNW Data Updated: SET _MAT: 07/06/2017 15:18 AP Run Date: 07/06/2017 -15:18 IM (PRF -IM) 7.1.1 Report Ver. 7.3.5 20 Sec. Purchase Book Current Maturity Maturity Total Par YTM Days to CUSIP Investment# Fund Type Issuer Date Value Rate Date Amount Days Value 360 365 Maturity 9001 10000 LYNL PA2 LAIF 07/01/2016 18,215,604.32 0.980 18,215,604.32 1 18,215,604.32 0.967 0.980 1 9000 10011 LYN PA1 Goldman Sach Govt MMF 07/01/2016 35,739.13 0.860 35,739.13 1 35,739.13 0.848 0.860 1 06740KGZ4 10072 LYN MC2 Barclays Bank 07/03/2014 244,999.34 1.150 07/03/2017 245,007.72 1,096 245,000.00 1.184 1.200 2 856284Y73 10073 LYN MC2 State Bank of India 08/01/2014 244,990.07 1.200 07/31/2017 245,000.00 1,095 245,000.00 1.234 1.252 30 14912L6D8 10074 LYN MTN Caterpillar 08/20/2014 249,994.55 1.250 08/18/2017 250,000.00 1,094 250,000.00 1.250 1.267 48 795450PA7 10044 LYN MC2 Salllie Mae Bank 08/22/2012 245,000.00 1.700 08/22/2017 245,000.00 1,826 245,000.00 1.678 1.701 52 94974BGB0 10078 LYN MTN Wells Fargo Bank 09/09/2014 249,986.34 1.400 09/08/2017 250,000.00 1,095 250,000.00 1.411 1.430 69 90331HMH3 10080 LYN MTN US Bank 09/12/2014 250,002.43 1.375 09/11/2017 250,000.00 1,095 250,000.00 1.351 1.370 72 05573J5W0 10100 LYN MC2 BMO Harris Bank 10/21/2015 248,000.00 1.100 10/23/2017 248,000.00 733 248,000.00 1.085 1.100 114 98970T5Y8 10101 LYN MC2 Zions First Nall Bank 11/03/2015 247,921.33 1.100 11/01/2017 248,000.00 729 248,000.00 1.181 1.197 123 912828UA6 10066 LYN TRC U.S. Treasury 01/30/2014 498,992.75 0.625 11/30/2017 500,000.00 1,400 500,000.00 1.106 1.121 152 89233P7E0 10103 LYN MTN Toyota 12/23/2015 249,932.68 1.375 01/10/2018 250,000.00 749 250,000.00 1.408 1.427 193 9497483K1 10107 LYN MC2 Wells Fargo Bank 02/12/2016 248,000.00 1.150 02/12/2018 248,000.00 731 248,000.00 1.136 1.152 226 20451PNK8 10097 LYN MC2 Compass Bank 08/31/2015 248,000.00 1.500 03/01/2018 248,000.00 913 248,000.00 1.479 1.500 243 38148JQB0 10088 LYN MC2 Goldman Sachs Bank 04/08/2015 248,000.00 1.200 04/09/2018 248,000.00 1,097 248,000.00 1.191 1.207 282 20033AJL1 10083 LYN MC2 Comenity Capital Bank 11/28/2014 247,904.23 1.700 05/25/2018 248,000.00 1,274 248,000.00 1.720 1.744 328 717081DG5 10095 LYN MTN Pfizer 07/21/2015 250,023.07 1.500 06/15/2018 250,000.00 1,060 250,000.00 1.469 1.490 349 166764AE0 10105 LYN MTN Chevron 01/11/2016 249,780.12 1.718 06/24/2018 250,000.00 895 250,000.00 1.785 1.810 356 02587DZM3 10090 LYN MC2 American Express Centurion07/01/2015 248,000.00 1.650 07/02/2018 248,000.00 1,097 248,000.00 1.627 1.650 366 2546714Q0 10075 LYN MC2 Discover Bank 08/21/2014 244,865.59 1.750 08/20/2018 245,000.00 1,460 245,000.00 1.777 1.802 415 14042RAQ4 10098 LYN MC2 Capital One NA 10/08/2015 247,846.52 1.650 10/09/2018 248,000.00 1,097 248,000.00 1.677 1.700 465 02665WAC5 10109 LYN MTN Honda 03/10/2016 251,220.30 2.125 10/10/2018 250,000.00 944 250,000.00 1.708 1.732 466 3135GOYT4 10067 LYN FAC FNMA 03/12/2014 499,835.81 1.625 11/27/2018 500,000.00 1,721 500,000.00 1.627 1.649 514 912828C24 10068 LYN TRC U.S. Treasury 03/24/2014 498,440.76 1.500 02/28/2019 500,000.00 1,802 500,000.00 1.673 1.696 607 30231GAP7 10110 LYN MTN Exxon Mobil 03/10/2016 250,064.43 1.708 03/01/2019 250,000.00 1,086 250,000.00 1.669 1.692 608 69353REV6 10119 LYN MTN PNC Bank 08/31/2016 251,984.62 1.950 03/04/2019 250,000.00 915 250,000.00 1.445 1.466 611 07330NAL9 10117 LYN MTN Branch Banking & Trust 07/05/2016 250,649.42 1.450 05/10/2019 250,000.00 1,039 250,000.00 1.289 1.307 678 3136G3TB1 10114 LYN FAC FNMA 06/28/2016 500,000.00 1.100 06/28/2019 500,000.00 1,095 500,000.00 1.085 1.100 727 3136G4DR1 10122 LYN FAC FNMA 10/17/2016 498,929.26 1.100 10/17/2019 500,000.00 1,095 500,000.00 1.179 1.195 838 02587CCR9 10082 LYN MC2 American Express Bank 11/13/2014 248,000.00 2.150 11/13/2019 248,000.00 1,826 248,000.00 2.122 2.151 865 24422ERY7 10125 LYN MTN John Deere 03/21/2017 247,629.37 1.700 01/15/2020 250,000.00 1,030 250,000.00 2.058 2.086 928 3134GBHX3 10126 LYN MC1 FHLMC 04/27/2017 350,000.00 1.580 04/27/2020 350,000.00 1,096 350,000.00 1.558 1.580 1,031 020061-31\11 10127 LYN MC2 Ally Bank 06/23/2017 247,640.57 1.900 06/22/2020 248,000.00 1,095 248,000.00 1.925 1.952 1,087 40434AZ44 10116 LYN MC2 HSBC 07/08/2016 248,000.00 1.400 07/08/2020 248,000.00 1,461 248,000.00 1.382 1.401 1,103 87165HNN6 10115 LYN MC2 Synchrony Bank 06/29/2016 248,000.00 1.550 06/29/2021 248,000.00 1,826 248,000.00 1.530 1.551 1,459 037833CC2 10118 LYN MTN Apple 08/04/2016 249,715.63 1.550 08/04/2021 250,000.00 1,826 250,000.00 1.557 1.579 1,495 Portfolio LYNW Data Updated: SET _MAT: 07/06/2017 15:18 AP Run Date: 07/06/2017 -15:18 IM (PRF -IM) 7.1.1 Report Ver. 7.3.5 20 Lynwood - Maturity Report Inventory by Maturity Report Page 2 Sec. Purchase Book Current Maturity Maturity Total Par YTM Days to CUSIP Investment# Fund Type Issuer Date Value Rate Date Amount Days Value 360 365 Maturity 17275RBJO 10123 LYN MTN Cisco 11/29/2016 244,129.34 1.850 09/20/2021 250,000.00 1,756 250,000.00 2.409 2.443 1,542 3130AAB49 10124 LYN FAC FHLB 12/28/2016 493,979.07 1.875 12/10/2021 500,000.00 1,808 500,000.00 2.132 2.162 1,623 Subtotal and Average 28,791,801.05 Net Maturities and Average 28,791,801.05 Data Updated: SET—MAT: 07/06/2017 15:18 Run Date: 07/06/2017 - 15:18 28,807,351.17 28,807,343.45 1.169 1.186 215 28,807,351.17 28,807,343.45 1.169 1.186 215 Portfolio LYNW AP IM (PRF _IM) 7.1.1 Report Ver. 7.3.5 21 Lynwood - Credit Rating Credit Rating Report June 30, 2017 Sorted by Moody's - Investment Number Investment# Issuer Security# Purchase Principal Book Value Market Value Moody's Rating S&P Rating Purchase Date Maturity Date Days To Maturity Stated Rate YTM % of Total 10011 GSGF 9000 35,739.13 35,739.13 35,739.13 Aaa AAA 07/01/2016 1 0.860 0.860 0.12 10066 USTR 912828UA6 490,722.66 498,992.75 498,970.00 Aaa AA+ 01/30/2014 11/30/2017 152 0.625 1.121 1.73 10067 FNMA 3135GOYT4 499,450.00 499,835.81 501,710.00 Aaa AA+ 03/12/2014 11/27/2018 514 1.625 1.649 1.74 10068 USTR 912828C24 495,371.09 498,440.76 501,035.00 Aaa AA+ 03/24/2014 02/28/2019 607 1.500 1.696 1.73 10110 XOM 30231GAP7 250,115.00 250,064.43 250,547.50 Aaa AA+ 03/10/2016 03/01/2019 608 1.708 1.692 0.87 10114 FNMA 3136G3TB1 500,000.00 500,000.00 494,000.00 Aaa AA+ 06/28/2016 06/28/2019 727 1.100 1.100 1.74 10122 FNMA 3136G4DR1 498,600.00 498,929.26 495,620.00 Aaa AA+ 10/17/2016 10/17/2019 838 1.100 1.195 1.73 10124 FHLB 3130AAB49 493,290.00 493,979.07 499,035.00 Aaa AA+ 12/28/2016 12/10/2021 1,623 1.875 2.162 1.72 10126 FHLMC 3134GBHX3 350,000.00 350,000.00 348,449.50 Aaa AA+ 04/27/2017 04/27/2020 1,031 1.580 1.580 1.22 SubTotal for Aaa 3,613,287.88 3,625,981.21 3,625,106.13 753 1.353 1.503 12.60 10118 AAPL 037833CC2 249,652.50 249,715.63 244,242.50 Aal AA+ 08/04/2016 08/04/2021 1,495 1.550 1.579 0.87 SubTotal forAal 249,652.50 249,715.63 244,242.50 1495 1.550 1.579 0.87 10105 CVX 166764AEO 249,450.00 249,780.12 250,547.50 Aa2 AA- 01/11/2016 06/24/2018 358 1.718 1.810 0.87 SubTotalforAa2 249,450.00 249,780.12 250,547.50 358 1.718 1.810 0.87 10103 TOY 89233P7EO 249,737.50 249,932.68 250,132.50 Aa3 AA- 12/23/2015 01/10/2018 193 1.375 1.427 0.87 SubTotal for Aa3 249,737.50 249,932.68 250,132.50 193 1.375 1.427 0.87 10080 USB 90331HMH3 250,037.50 250,002.43 250,010.00 Al AA- 09/12/2014 09/11/2017 72 1.375 1.370 0.87 10095 PFE 717081DG5 250,070.00 250,023.07 250,167.50 Al AA 07/21/2015 06/15/2018 349 1.500 1.490 0.87 10109 HNDA 02665WAC5 252,472.50 251,220.30 251,607.50 Al A+ 03/10/2016 10/10/2018 466 2.125 1.732 0.87 10117 BBT 07330NAL9 250,995.00 250,649.42 248,057.50 Al A 07/05/2016 05/10/2019 678 1.450 1.307 0.87 10123 CSCO 17275RBJO 243,310.00 244,129.34 246,917.50 Al AA- 11/29/2016 09/20/2021 1,542 1.850 2.443 0.85 SubTotal for Al 1,246,885.00 1,246,024.56 1,246,760.00 617 1.659 1.664 4.33 10078 WFB 94974BGBO 249,780.00 249,986.34 250,015.00 A2 A 09/09/2014 09/08/2017 69 1.400 1.430 0.87 10119 PNC 69353REV6 252,972.00 251,984.62 250,455.00 A2 A 08/31/2016 03/04/2019 611 1.950 1.466 0.88 10125 DE 24422ERY7 247,370.00 247,629.37 249,117.50 A2 A 03/21/2017 01/15/2020 928 1.700 2.086 0.86 SubTotal for A2 750,122.00 749,600.33 749,587.50 535 1.684 1.659 2.61 10074 CAT 14912L6D8 249,875.00 249,994.55 249,950.00 A3 A 08/20/2014 08/18/2017 48 1.250 1.267 0.87 SubTotal for A3 249,875.00 249,994.55 249,950.00 48 1.250 1.267 0.87 10000 LAIF 9001 18,215,604.32 18,215,604.32 18,215,604.32 None None 07/01/2016 1 0.980 0.980 63.27 10044 SLMA 795450PA7 245,000.00 245,000.00 245,188.29 None None 08/22/2012 08/22/2017 52 1.700 1.701 0.85 Data Updated: SET _CRE: 07/06/2017 15:21 Run Date: 07/06/2017 -15:21 Portfolio LYNW AP CR (PRF CR) 7.2.0 Report Ver. 7.3.5 I+0 Lynwood - Credit Rating Credit Rating Report Page 2 Sorted by Moody's - Investment Number Portfolio LYNW Data Updated: SET _CRE: 07/06/2017 15:21 AP Run Date: 07/06/2017 -15:21 CR (PRF -CR) 7.2.0 Report Ver. 7.3.5 23 Purchase Book Market Moody's S&P Purchase Maturity Days To Stated % of Investment# Issuer Security# Principal Value Value Rating Rating Date Date Maturity Rate YTM Total 10072 BACR 06740KGZ4 244,637.40 244,999.34 244,999.46 None None 07/03/2014 07/03/2017 2 1.150 1.200 0.85 10073 SBIIN 856284Y73 244,637.40 244,990.07 244,992.38 None None 08/01/2014 07/31/2017 30 1.200 1.252 0.85 10075 DISC 2546714Q0 244,527.15 244,865.59 245,060.44 None None 08/21/2014 08/20/2018 415 1.750 1.802 0.85 10082 AXPFSB 02587CCR9 246,000.00 248,000.00 250,902.74 None None 11/13/2014 11/13/2019 865 2.150 2.151 0.86 10083 ADS 20033AJL1 247,628.00 247,904.23 248,330.54 None None 11/28/2014 05/25/2018 328 1.700 1.744 0.86 10088 GOLD 38148JQB0 248,000.00 248,000.00 247,494.80 None None 04/08/2015 04/09/2018 282 1.200 1.207 0.86 10090 AXP 02587DZM3 248,000.00 248,000.00 247,780.23 None None 07/01/2015 07/02/2018 366 1.650 1.650 0.86 10097 BCOMPS 20451PNK8 248,000.00 248,000.00 248,113.63 None None 08/31/2015 03/01/2018 243 1.500 1.500 0.86 10098 CAPINA 14042RAQ4 247,637.92 247,846.52 247,818.44 None None 10/08/2015 10/09/2018 465 1.650 1.700 0.86 10100 BMO 05573J5W0 248,000.00 248,000.00 247,863.78 None None 10/21/2015 10/23/2017 114 1.100 1.100 0.86 10101 ZIONSB 98970T5Y8 247,533.76 247,921.33 247,819.38 None None 11/03/2015 11/01/2017 123 1.100 1.197 0.86 10107 WFB 94974831<1 248,000.00 248,000.00 247,610.93 None None 02/12/2016 02/12/2018 226 1.150 1.152 0.86 10115 SYF 87165HNN6 248,000.00 248,000.00 245,230.63 None None 06/29/2016 06/29/2021 1,459 1.550 1.551 0.86 10116 HSBC 40434AZ44 248,000.00 248,000.00 245,506.67 None None 07/08/2016 07/08/2020 1,103 1.400 1.401 0.86 10127 ALLY 02006L3N1 247,637.92 247,640.57 249,257.20 None None 06/23/2017 06/22/2020 1,087 1.900 1.952 0.86 SubTotal for No Specified Rating 22,168,843.87 22,170,771.97 22,169,573.86 81 1.071 1.076 76.99 Portfolio LYNW Data Updated: SET _CRE: 07/06/2017 15:21 AP Run Date: 07/06/2017 -15:21 CR (PRF -CR) 7.2.0 Report Ver. 7.3.5 23 Lynwood - Interest Reports Interest Earnings Sorted by Fund - Fund June 1, 2017 - June 30, 2017 Yield on Beginning Book Value CUSIP Investment# Fund Security Type Ending Par Value Beginning Book Value Ending Book Value Maturity Date CurrentAnnualized Rate Yield Interest Earned Adjusted Interest Earnings Amortization/ Adjusted Interest Accretion Earnings Fund: Lynwood 3136G3TB1 10114 LYN FAC 500,000.00 500,000.00 500,000.00 06/28/2019 1.100 1.115 458.33 0.00 458.33 3135GOYT4 10067 LYN FAC 500,000.00 499,826.08 499,835.81 11/27/2018 1.625 1.672 677.08 9.73 686.81 3136G4DR1 10122 LYN FAC 500,000.00 498,890.37 498,929.26 10/17/2019 1.100 1.213 458.34 38.89 497.23 3134GBHX3 10126 LYN MC1 350,000.00 350,000.00 350,000.00 04/27/2020 1.580 1.602 460.83 0.00 460.83 795450PA7 10044 LYN MC2 245,000.00 245,000.00 245,000.00 08/22/2017 1.700 1.700 342.33 0.00 342.33 3130AAB49 10124 LYN FAC 500,000.00 493,866.11 493,979.0712/1012021 1.875 2.203 781.25 112.96 894.21 912828C24 10068 LYN TRC 500,000.00 498,363.70 498,440.76 02/28/2019 1.500 1.681 611.41 77.06 688.47 912828UA6 10066 LYN TRC 500,000.00 498,793.95 498,992.75 11/30/2017 0.625 1.110 256.15 198.80 454.95 9000 10011 LYN PA1 35,739.13 19,647.69 35,739.13 0.860 4.694 75.80 0.00 75.80 38148JQBO 10088 LYN MC2 248,000.00 248,000.00 248,000.00 04/09/2018 1.200 1.197 243.94 0.00 243.94 2546714QO 10075 LYN MC2 245,000.00 244,855.88 244,865.59 08/20/2018 1.750 1.799 352.40 9.71 362.11 02006L3N1 10127 LYN MC2 248,000.00 0.00 247,640.57 06/22/2020 1.900 1.952 103.28 2.65 105.93 02006LFB4 10071 LYN MC2 0.00 248,000.00 0.00 06/12/2017 1.100 1.100 82.22 0.00 82.22 02587DZM3 10090 LYN MC2 248,000.00 248,000.00 248,000.00 07/02/2016 1.650 1.664 339.12 0.00 339.12 06740KGZ4 10072 LYN MC2 245,000.00 244,989.41 244,999.34 07/03/2017 1.150 1.199 231.58 9.93 241.51 856284Y73 10073 LYN MC2 245,000.00 244,980.13 244,990.07 07/31/2017 1.200 1.249 241.64 9.94 251.58 14912L6D8 10074 LYN MTN 250,000.00 249,991.07 249,994.55 08/18/2017 1.250 1.284 260.41 3.48 263.89 90331HMH3 10080 LYN MTN 250,000.00 250,003.48 250,002.43 09/11/2017 1.375 1.389 286.46 -1.05 285.41 02587CCR9 10082 LYN MC2 248,000.00 248,000.00 248,000.0011/13/2019 2.150 2.150 438.25 0.00 438.25 20033AJL1 10083 LYN MC2 248,000.00 247,895.47 247,904.23 05/25/2018 1.700 1.744 346.52 8.76 355.28 24422ERY7 10125 LYN MTN 250,000.00 247,551.56 247,629.37 01/15/2020 1.700 2.123 354.16 77.81 431.97 89233P7E0 10103 LYN MTN 250,000.00 249,922.00 249,932.68 01/10/2018 1.375 1.447 286.46 10.68 297.14 717081DG5 10095 LYN MTN 250,000.00 250,025.08 250,023.07 06/15/2018 1.500 1.511 312.50 -2.01 310.49 20451PNK8 10097 LYN MC2 248,000.00 248,000.00 248,000.00 03/01/2018 1.500 1.488 303.26 0.00 303.26 14042RAQ4 10098 LYN MC2 248,000.00 247,836.62 247,846.5210/09/2018 1.650 1.695 335.41 9.90 345.31 05573J5WO 10100 LYN MC2 248,000.00 248,000.00 248,000.00 10/23/2017 1.100 1.097 223.60 0.00 223.60 98970T5Y8 10101 LYN MC2 248,000.00 247,902.15 247,921.33 11/01/2017 1.100 1.195 224.22 19.18 243.40 166764AEO 10105 LYN MTN 250,000.00 249,761.44 249,780.12 06/24/2018 1.718 1.834 357.91 18.68 376.59 94974BGBO 10078 LYN MTN 250,000.00 249,980.22 249,986.34 09/08/2017 1.400 1.449 291.67 6.12 297.79 9497483K1 10107 LYN MC2 248,000.00 248,000.00 248,000.00 02/12/2018 1.150 1.150 234.41 0.00 234.41 Data Updated: SET -INT: 07/06/2017 15:20 Run Date: 07/06/2017 - 15:20 Portfolio LYNW AP 1E (PRF -IE) 7.2.0 Report Ver. 7.3.5 27 Lynwood - Interest Reports Interest Earnings Page 2 June 1, 2017 - June 30, 2017 Adjusted Interest Earnings Security Ending Beginning Ending Maturity CurrentAnnualized Interest Amortization/ Adjusted Interest CUSIP Investment# Fund Type Par Value Book Value Book Value Date Rate Yield Earned Accretion Earnings Fund: Lynwood 02665WAC5 10109 LYN MTN 250,000.00 251,300.06 251,220.3010/10/2018 2.125 1.757 442.71 -79.76 362.95 30231GAP7 10110 LYN MTN 250,000.00 250,067.65 250,064.43 03/01/2019 1.708 1.716 355.83 -3.22 352.61 87165HNN6 10115 LYN MC2 248,000.00 248,000.00 248,000.00 06/29/2021 1.550 1.550 315.94 0.00 315.94 40434AZ44 10116 LYN MC2 248,000.00 248,000.00 248,000.00 07/08/2020 1.400 1.400 285.37 0.00 285.37 07330NAL9 10117 LYN MTN 250,000.00 250,678.54 250,649.42 05/10/2019 1.450 1.325 302.08 -29.12 272.96 037833CC2 10118 LYN MTN 250,000.00 249,709.84 249,715.63 08/04/2021 1.550 1.602 322.91 5.79 328.70 69353REV6 10119 LYN MTN 250,000.00 252,083.36 251,984.62 03/04/2019 1.950 1.484 406.25 -98.74 307.51 17275RBJO 10123 LYN MTN 250,000.00 244,013.40 244,129.34 09/20/2021 1.850 2.500 385.42 115.94 501.36 Subtotal 10,591,739.13 10,559,935.26 10,576,196.73 1.548 12,787.45 532.11 13,319.56 Fund: Lynwood LAW 9001 10000 LYNL PA2 18,215,604.32 20,215,604.32 18,215,604.32 0.980 0.919 15,273.59 0.00 15,273.59 Subtotal 18,215,604.32 20,215,604.32 18,215,604.32 0.919 15,273.59 0.00 15,273.59 Total 28,807,343.45 30,775,539.58 28,791,801.05 1.134 28,061.04 532.11 28,593.15 Portfolio LYNW Data Updated: SET _INT: 07/06/2017 15:20 AP Run Date: 07/06/2017 - 15:20 IE (PRF—IE) 7.2.0 Report Ver. 7.3.5 28 Lynwood - Interest Reports Accrued Interest Sorted by Fund - Fund June 1, 2017 - June 30, 2017 * Beginning Accrued may not include investments that redeemed in the previous month that had outstanding accrued interest. Data Updated: SET -INT: 07/06/2017 15:20 Run Date: 07/06/2017 -15:20 Portfolio LYNW AP At (PRF -Al) 7.2.8 Report Ver. 7.3.5 29 Adjusted Acc'd Int. Security Par Maturity Current ' Beginning at Purchase Interest Interest ' Ending CUSIP Investment# Type Value Date Rate Accrued Interest During Period Earned Received Accrued Interest Lynwood 9000 10011 PA1 35,739.13 0.860 6.88 0.00 75.80 6.88 75.80 037833CC2 10118 MTN 250,000.00 08/04/2021 1.550 1,259.38 0.00 322.91 0.00 1,582.29 07330NAL9 10117 MTN 250,000.00 05/10/2019 1.450 211.46 0.00 302.08 0.00 513.54 14912L6D8 10074 MTN 250,000.00 08/18/2017 1.250 894.10 0.00 260.41 0.00 1,154.51 17275RBJO 10123 MTN 250,000.00 09/20/2021 1.850 912.15 0.00 385.42 0.00 1,297.57 166764AEO 10105 MTN 250,000.00 06/24/2018 1.718 1,873.10 0.00 357.91 2,147.50 83.51 24422ERY7 10125 MTN 250,000.00 01/15/2020 1.700 826.39 0.00 354.16 0.00 1,180.55 02665WAC5 10109 MTN 250,000.00 10/10/2018 2.125 752.60 0.00 442.71 0.00 1,195.31 717081DG5 10095 MTN 250,000.00 06/15/2018 1.500 1,729.17 0.00 312.50 1,875.00 166.67 69353REV6 10119 MTN 250,000.00 03/04/2019 1.950 1,178.13 0.00 406.25 0.00 1,584.38 89233P7EO 10103 MTN 250,000.00 01/10/2018 1.375 1,346.35 0.00 286.46 0.00 1,632.81 90331HMH3 10080 MTN 250,000.00 09/11/2017 1.375 763.89 0.00 286.46 0.00 1,050.35 94974BGBO 10078 MTN 250,000.00 09/08/2017 1.400 806.94 0.00 291.67 0.00 1,098.61 30231GAP7 10110 MTN 250,000.00 03/01/2019 1.708 1,067.50 0.00 355.83 0.00 1,423.33 3130AAB49 10124 FAC 500,000.00 12/10/2021 1.875 3,984.37 0.00 781.25 4,218.75 546.87 3135GOYT4 10067 FAC 500,000.00 11/27/2018 1.625 90.28 0.00 677.08 0.00 767.36 3136G3TB1 10114 FAC 500,000.00 06/28/2019 1.100 2,337.50 0.00 458.33 2,750.00 45.83 3136G4DR1 10122 FAC 500,000.00 10/17/2019 1.100 672.22 0.00 458.34 0.00 1,130.56 912828UA6 10066 TRC 500,000.00 11/30/2017 0.625 8.54 0.00 256.15 0.00 264.69 912828024 10068 TRC 500,000.00 02128/2019 1.500 1,895.38 0.00 611.41 0.00 2,506.79 3134GBHX3 10126 MC1 350,000.00 04/27/2020 1.580 522.28 0.00 460.83 0.00 983.11 20033AJL1 10083 MC2 248,000.00 05/25/2018 1.700 69.33 0.00 346.52 358.07 57.78 02006LFB4 10071 MC2 0.00 06/12/2017 1.100 1,285.51 0.00 82.22 1,367.74 -0.01 020061-3N1 10127 MC2 248,000.00 06/22/2020 1.900 0.00 0.00 103.28 0.00 103.28 02587DZM3 10090 MC2 248,000.00 07/02/2018 1.650 1,678.85 0.00 339.12 0.00 2,017.97 02587CCR9 10082 MC2 248,000.00 11/13/2019 2.150 277.55 0.00 438.25 0.00 715.80 06740KGZ4 10072 MC2 245,000.00 07/03/2017 1.150 1,157.87 0.00 231.58 0.00 1,389.45 20451PNKB 10097 MC2 248,000.00 03/01/2018 1.500 935.01 0.00 303.26 0.00 1,238.27 05573J5WO 10100 MC2 248,000.00 10/23/2017 1.100 301.86 0.00 223.60 0.00 525.46 14042RAQ4 10098 MC2 248,000.00 10/09/2018 1.650 609.31 0.00 335.41 0.00 944.72 2546714QO 10075 MC2 245,000.00 08/20/2018 1.750 1,186.40 0.00 352.40 0.00 1,538.80 38148JQBO 10088 MC2 248,000.00 04/09/2018 1.200 430.92 0.00 243.94 0.00 674.86 40434AZ44 10116 MC2 248,000.00 07/08/2020 1.400 1,369.77 0.00 285.37 0.00 1,655.14 856284Y73 10073 MC2 245,000.00 07/31/2017 1.200 990.75 0.00 241.64 0.00 1,232.39 795450PA7 10044 MC2 245,000.00 08/22/2017 1.700 1,129.68 0.00 342.33 0.00 1,472.01 * Beginning Accrued may not include investments that redeemed in the previous month that had outstanding accrued interest. Data Updated: SET -INT: 07/06/2017 15:20 Run Date: 07/06/2017 -15:20 Portfolio LYNW AP At (PRF -Al) 7.2.8 Report Ver. 7.3.5 29 Lynwood - Interest Reports Accrued Interest Lynwood LAW 9001 10000 PA2 18,215,604.32 0.980 58,175.29 0.00 15,273.59 0.00 73,448.88 Subtotal 18,215,604.32 58,175.29 0.00 15,273.59 0.00 73,448.88 Total 28,807,343.45 94,746.57 0.00 28,061.04 14,882.89 107,924.72 * Beginning Accrued may not include investments that redeemed in the previous month that had outstanding accrued interest. Data Updated: SET—INT: 07/06/2017 15:20 Run Date: 07/06/2017 - 15:20 Portfolio LYNW AP Al (PRF -Al) 7.2.8 Report Ver. 7.3.5 30 Sorted by Fund - Fund Page 2 Adjusted Acc'd Int. Security Par Maturity Current ' Beginning at Purchase Interest Interest ' Ending CUSIP Investment # Type Value Date Rate Accrued Interest During Period Earned Received Accrued Interest Lynwood 87165HNN6 10115 MC2 248,000.00 06/29/2021 1.550 1,621.85 0.00 315.94 1,916.73 21.06 94974831<1 10107 MC2 248,000.00 02/12/2018 1.150 156.32 0.00 234.41 242.22 148.51 98970T5Y8 10101 MC2 248,000.00 11/01/2017 1.100 231.69 0.00 224.22 0.00 455.91 Subtotal 10,591,739.13 36,571.28 0.00 12,787.45 14,882.89 34,475.84 Lynwood LAW 9001 10000 PA2 18,215,604.32 0.980 58,175.29 0.00 15,273.59 0.00 73,448.88 Subtotal 18,215,604.32 58,175.29 0.00 15,273.59 0.00 73,448.88 Total 28,807,343.45 94,746.57 0.00 28,061.04 14,882.89 107,924.72 * Beginning Accrued may not include investments that redeemed in the previous month that had outstanding accrued interest. Data Updated: SET—INT: 07/06/2017 15:20 Run Date: 07/06/2017 - 15:20 Portfolio LYNW AP Al (PRF -Al) 7.2.8 Report Ver. 7.3.5 30 City of Lynwood Cash Reconciliation Report For the Period June 1, 2017 - June 30, 2017 Trans. Trans. Par Maturity Date Investment # Fund Type Security ID Value Security Description Date Purchases Interest Redemptions Cash 06/02/2017 10011 LYN Interest 9000 591,708.94 GSGF 0.6M 0.01% 0.00 6.88 0.00 6.88 06/02/2017 10011 LYN Interest 9000 591,708.94 GSGF 0.6M 0.01% -6.88 0.00 0.00 -6.88 06/12/2017 10071 LYN Interest 02006LFB4 248,000.00 ALLY 0.2M 1.10% Mat. 06/12/2017 06/12/2017 0.00 7.47 0.00 7.47 06/12/2017 10071 LYN Interest 02006LFB4 248,000.00 ALLY 0.2M 1.10% Mat. 06/12/2017 06/12/2017 0.00 1,360.27 0.00 1,360.27 06/12/2017 10107 LYN Interest 9497483K1 248,000.00 WFB 0.2M 1.15% Mat. 02/12/2018 02/12/2018 0.00 242.22 0.00 242.22 06/12/2017 10124 LYN Interest 3130AAB49 500,000.00 FHLB 0.5M 1.88% Mat. 12/10/2021 12/10/2021 0.00 5,078.13 0.00 5,078.13 06/12/2017 10071 LYN Maturity 02006LFB4 248,000.00 ALLY 0.2M 1.10% Mat. 06/12/2017 06/12/2017 0.00 0.00 248,000.00 248,000.00 06/12/2017 10011 LYN Deposit 9000 591,708.94 GSGF 0.6M 0.29% -254,688.09 0.00 0.00 -254,688.09 06/15/2017 10095 LYN Interest 717081 DG5 250,000.00 PFE 0.3M 1.50% Mat. 06/15/2018 06/15/2018 0.00 1,875.00 0.00 1,875.00 06/15/2017 10011 LYN Deposit 9000 591,708.94 GSGF 0.6M 0.29% -1,875.00 0.00 0.00 -1,875.00 06/23/2017 10127 LYN Purchase 020061-31\11 248,000.00 ALLY 0.2M 1.90% Mat. 06/22/2020 06/22/2020 -247,637.92 -12.91 0.00 -247,650.83 06/23/2017 10011 LYN Withdrawal 9000 591,708.94 GSGF 0.6M 0.29% 0.00 0.00 247,650.83 247,650.83 06/26/2017 10083 LYN Interest 20033AJL1 248,000.00 ADS 0.2M 1.70% Mat. 05/25/2018 05/25/2018 0.00 358.07 0.00 358.07 06/26/2017 10105 LYN Interest 166764AEO 250,000.00 CVX 0.3M 1.72% Mat. 06/24/2018 06/24/2018 0.00 2,147.50 0.00 2,147.50 06/26/2017 10011 LYN Deposit 9000 591,708.94 GSGF 0.6M 0.29% -2,505.57 0.00 0.00 -2,505.57 06/27/2017 10000 LYNL Withdrawal 9001 18,598,109.09 LAIF 18.6M 0.57% 0.00 0.00 2,000,000.00 2,000,000.00 06/28/2017 10114 LYN Interest 3136G3TB1 500,000.00 FNMA 0.5M 1.10% Mat. 06/28/2019 06/28/2019 0.00 2,750.00 0.00 2,750.00 06/28/2017 10011 LYN Deposit 9000 591,708.94 GSGF 0.6M 0.29% -2,750.00 0.00 0.00 -2,750.00 06/29/2017 10115 LYN Interest 87165HNN6 248,000.00 , SYF 0.2M 1.55% Mat. 06/29/2021 06/29/2021 0.00 1,916.73 0.00 1,916.73 06/29/2017 10011 LYN Deposit 9000 591,708.94 GSGF 0.6M 0.29% -1,916.73 0.00 0.00 -1,916.73 Run Date: 07/08/2017 - 15:25 Subtotal -511,380.19 15,729.36 2,495,650.83 2,000,000.00 Total -511,380.19 15,729.36 2,495,650.83 2,000,000.00 Portfolio LYNW AP AC (PRF _AC) 7.2.0 Report Ver. 7.3.5 32 FOFTN FINANCIAL. Economic and Market Update MAIN STREET ADVISORS A Shcef6/30/2017 l,,.i AF iT ..rvr LLnk N.xavf.L,a,vuox Item 6/30/2017 3/31/2017 Change U.S. Payrolls Monthly Change 222,000 50,000 172,000 Unemployment Rate 4.4% 4.5% -0.1% Labor Force Participation 62.8% 63.0% -0.2% Effective Fed Funds Rate 1.06% 0.82% 0.24% Next Fed Funds Hike** April 2018 April 2018 0 Month 3 Month T -Bill 1.014% 0,754% 0.260% 2 Year T -Note 1.384% 1.256% 0.128% 3 Year T -Note 1.547% 1.490% 0.057% 5 Year T -Note 1.889% 1.922% -0.033% 10 Year T -Note 2.305% 2.388% -0.083% U.S. Fed Debt Avg Yield* 2.050% 2.027% 0.023% 30 Year Mortgage Rate 3.87% 3.990% -0.12% 1-5 Yr Agency Spread 0.10% 0.11% -0.01% 1-5 Yr Corporate Spread 0.60% 0.68% -0.08% Dow Jones 21,350 20,663 3.3% S&P 500 2,423 2,363 2.6% Consumer Price Index YOY* 1.8% 2.4% -0.6% U.S. Avg Regular Unleaded $2.24 $2.32 -$0.09 Retail Sales YOY* 3.1% 4.8% -1.7% Case-Shiller Home Prices YOY* 5.7% 5.9% -0.2% Gold (per ounce) $1,241.61 $1,249.20 -$7.59 Dollar Index 95.63 100.35 -4.72 Consumer Confidence 118.90 124.90 -6.00 *Estimates for the current quarter/month, some data are lagged Sources: FTN Main Street and Bloomberg **Next Projected Fed Funds Hike is first month Fed Funds Futures are 1.375% or higher 34 AGENDA STAFF REPORT DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manager PREPARED BY: Maria Quinonez, City Clerk Lourdes Morales, Interim Deputy City Clerk SUBJECT: SECOND READING OF ORDINANCE 1695; Adopt by title and waive reading, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING ZONE CHANGE NO. 2017-01 AT 3158 MARTIN LUTHER KING JR. BOULEVARD, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6170- 029-001, FROM C-3 (HEAVY COMMERCIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL) Recommendation: Staff recommends that the City Council waive reading and adopt the attached ordinance, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING ZONE CHANGE NO. 2017-01 AT 3158 MARTIN LUTHER KING JR. BOULEVARD; FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6170-029-001, FROM C-3 (HEAVY COMMERCIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL)" Background: The City Council introduced the attached ordinance for first reading on July 18, 2017. Fiscal Impact: N/A Coordinate With: City Attorney's Office AGENDA ITEM ORDINANCE NO. 1695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING ZONE CHANGE NO. 2017-01 AT 3158 MARTIN LUTHER KING JR. BOULEVARD, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6170-029-001, FROM C-3 (HEAVY COMMERCIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL) WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 9, 2017, conducted a duly noticed public hearing and adopted Resolution No. 3373 recommending approval of Zoning Ordinance Amendment No. 2017-01 to the City Council of the City of Lynwood; and WHEREAS, the land use prescribed in Zone Change No. 2017-01 is compatible with the uses authorized in, and the regulations prescribed for, the Single -Family Residential land use district in which the property is located, including any policy plan overlay applicable to the property; and WHEREAS, the proposed zoning implements the General Plan's policies and goals for orderly development that is adequately supported by public infrastructure and services; and WHEREAS, per Chapter 25, Article 115 of the Lynwood Municipal Code, a Zone Change must be approved by the City Council; and WHEREAS, the City Council, pursuant to law, on July 5, 2017, conducted a duly noticed public hearing and considered all pertinent testimony offered at the public hearing; and WHEREAS, on July 18, 2017, the City Council of the City of Lynwood held a public hearing to consider the subject Zone Change; and WHEREAS, before considering approval of this project, the City Council found that the project is exempt from the California Environmental Quality Act pursuant to Section 15301 of CEQA Guidelines (Existing Facilities). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1: Purpose and Authority The purpose of this Ordinance is to amend the City of Lynwood Zoning Map as shown on the attached Exhibit A, incorporated herein by this reference. Section 2: Enactment of New Zoning The City Council hereby amends the City of Lynwood Zoning Map for Assessor's Parcel Number 6170-029-001, as shown on Exhibit A, incorporated herein by this reference, on the basis of the following findings: Finding: Pursuant to Section 65860(a) of the California Government Code and pursuant to Section 25-115-4 of the City of Lynwood Zoning Code, the rezone must be consistent with the goals, policies and objectives of the City General Plan Evidence: The proposed General Plan Amendment is consistent with the City General Plan Goal of establishing a balance of land uses that functions to provide benefit for the Lynwood community. Also, establishment of a church use would improve the now vacant property without conflicting with the overall character of land uses in the vicinity of the proposed project site. The proposed Zone Change would extend the adjacent Single -Family Residential zone to Martin Luther King Jr. Boulevard, which is the case along the majority of the Boulevard, within the City of Lynwood to the east of the proposed project site across Long Beach Boulevard. Finding: Pursuant to Section 25-115-4 of the City of. Lynwood Zoning Code, the rezone will not adversely affect surrounding properties. Evidence: The proposed church use will not adversely affect surrounding properties in that the congregation is small, as indicated on plans for only 18 fixed seats. Worship services will occur only on Sundays and Wednesdays. Access to the proposed project site is via Martin Luther King Jr. Boulevard. Parking lot lighting is not intrusive onto adjacent residential properties. Section 3: No Mandatory Duty of Care This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4: Severability Should any section or provision of this Ordinance or any Ordinance pertaining to the companion applications identified as Conditional Use Permit No. 2017-01 and Major Variance No. 2017-01 be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Section 5: Effective Date The effective date of this Ordinance shall be upon approval by the City Council of the City of Lynwood, California. Section 6: Repealer All conflicting ordinances and conditions are hereby repealed and replaced with this Ordinance, No. 3373. Section 7. The City Clerk of the City of Lynwood shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. First read at a regular meeting of the City Council held on the 18th day of July, 2017 and adopted and ordered published at a special meeting of said Council on the 31St day of July, 2017. PASSED, APPROVED AND ADOPTED this 31Stday of July, 2017. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney Maria T. Santillan-Beas, Mayor Alma K. Martinez, City Manager STATE OF CALIFORNIA ) ) SS. 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 special meeting held on the 31St day of July, 2017, and passed by the following vote: AYES: NOES: ABSENT: ABSTAIN: Maria Quinonez, City Clerk STATE OF CALIFORNI ) ) SS. 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 Ordinance 1695 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 31St day of July, 2017. Maria Quinonez, City Clerk OF LYS.;.: d AGENDA STAFF REPORT 9tXPO DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manage PREPARED BY: Ebony jm Andersen, Interim Principal Plann SUBJECT: Plaza Mexico Residences DTSC Update (Case No. 2017-07) Recommendation: Receive and File Background: The Site was first developed by Grayson Heat Control, a manufacturer of heat control devices during the 1930s. Grayson was acquired by RobertShaw-Fulton Controls, Co. during the late 1930s or early1940s. Following Grayson/RobertShaw-Fulton, Whittaker WM R Co. acquired the Site in 1955. The property was subsequently listed in the 1960 City Directory under the names Telecomputing Services, Telecomputing Corp Whittaker Controls Division, and Whittaker Controls Div. of Telecomputing Corp. Manufacturing. The Site was subsequently purchased by the Kanowsky family in 1963, which owned the property until it was acquired by Gold Realty Company in 1970. Allied Industrial Components and Allied upholstery Manufacturing, Inc are listed as the occupants in 1970 and Brea Datsun and K&K Office Furniture in 1985. Regent Officeworks, Inc. purchased the K&K business in 2004 and used the property for furniture manufacturing operations. 3000 E Imperial, LLC acquired the property in 2006. The property owner, 3000 E Imperial, LLC, entered into a CLRRA Agreement in July 2007 and completed a Site assessment by November 2007. The property owner proposed to redevelop the property with a mixed use, high-density, project. The proposed project, Plaza Mexico Residences, consists of commercial use on the ground/first floor and approximately 348 residential units above the commercial floor. The Department of Toxic Substance Control (DTSC) approved the Response Plan by June 2011 and the plan was implemented soon thereafter. The Response Plan proposed to soil vapor extraction to remove contamination in soil, in-situ treatment of contaminated groundwater, soil excavation and offsite disposal to address limited pockets of metals contamination and to file a land use restriction to monitor residual concentrations of the contaminants of concern in soil and groundwater. In 2012 the property owner proposed a pilot study to use AGENDA ITEM 11 electric resistance heating to accelerate the cleanup. DTSC subsequently reviewed and approved the study and remediation method. A Removal Action Completion Report (RACR) for Area 2 was approved by DTSC in April 2013. A site wide RACR was approved by DTSC in April 2015. An Addendum to the RACR (March 2016) was submitted to DTSC. The addendum presented a supplemental evaluation which concluded that residual concentrations of contaminants of concern do not pose a health risk to potential future residents on the second or above floor. DTSC determined that the property in its present condition is suitable for commercial use on the ground/first floor and residential units on the second floor and above, provided that the final building(s) design (as approve by the City) are provided to DTSC for review. The property owner is required to file a land use covenant with Los Angeles County Recorder that limits the use of the property as described in the above paragraph and is required to continue to monitor residual concentrations of contaminants in groundwater and soil under DTSC oversight. Discussion & Analysis: During investigations conducted from 2004 through 2010, volatile organic compounds (VOCs), semi -volatile organic compounds, total petroleum hydrocarbons (TPHs) and metals were found in soil above levels acceptable by DTSC. VOCs, trichloroethylene (TCE), and perch loroethylene (PCE) contamination was found in groundwater above standards enforced by DTSC. The groundwater contamination extends off-site beneath the adjacent property to the west at Beechwood Street and extends about 900 feet southwest of the property. VOCs are solvents commonly found in paint thinners, gasoline products, dry cleaning processes, commercial and industrial processes and frequently occur as contaminants in the environment. TPHs are a mixture of chemicals made mainly from hydrogen and carbon found in crude oil. PCE and TCE are solvents typically used for degreasing and cleaning metal parts. After review of possible cleanup options, DTSC selected, Enhanced in-situ Bioremediation (EISB) and Zero Valent Iron (ZVI) injections as the primary groundwater treatment methods. In addition, ERH will be used to cleanup the VOCs in groundwater similar to the process used for soil remediation. EISB uses the injection of an electron donor solution through emulsified vegetable oil and a microbial culture (KB -10) into groundwater to enhance the rate and extent of biological reductive dechlorination of VOCs. EISB can also indirectly cleanup non -chlorinated compounds such as gasoline range total 2 petroleum hydrocarbons (TPH-g) and benzene, by using these compounds as additional electron donors. In April 2011, DTSC prepared a CEQA Initial Study (see Attachment C) for the proposed cleanup project. The project identified in the CEQA Initial Study included on-site remediation of soil vapor and soil impacted with VOCs and petroleum hydrocarbons, in addition to limited excavation lead -impacted soil at the Site. SVE with limited excavation and offsite disposal is considered to be a cost-effective treatment alternative capable of meeting the RAOs within a reasonable period. Additionally, electrical resistive heating (ERH) may be utilized in an approximately 5,000 square foot area in the vicinity of the former USTs to optimize the efficiency of SVE in this area. The project includes the remediation of contaminated soil and groundwater associated with the property located at 3000 East Imperial Highway in Lynwood, California through the implementation of the Response Plan (RP) submitted to the Department of Toxic Substances (DTSC) on March 29, 2011. DTSC and the property owner, 3000 E. Imperial, LLC, entered into an agreement on July 10, 2007, pursuant to the California Land Reuse and Revitalization Act (CLRRA) of 2004. Pursuant to the CLRRA agreement, 3000 E. Imperial, LLC has agreed to perform those actions necessary to remediate the Site as set forth in the RP. The landowner has made on-going efforts to remediate hazardous substances to soil and groundwater as a result of past industrial uses of the property. The site remediation began in 2011 and the Department of Toxic Substances Control (DTSC) has continued to oversee the site cleanup. On June 24, 2017, DTSC released a Community Update (see Attachment F) and survey which provided the public an update on the progress of the site cleanup and requested information regarding key community concerns. The letter was mailed to residence within a '/4 mile radius of the project site. A total of 1,142 addresses, including residential and businesses, received the update and survey. To date, DTSC has received 82 responses to the Community Survey. Of the 82 surveys received, 79 residents requested to be notified of any public information regarding the site/project. The main concerns identified in the Community Survey, include (1) parking, (2) traffic, (3) current level of contamination and (4 ) the future oversight process. The Community Update also included the link to the state EnviroStor site which is a public database that houses the public records associated with the remediation site. The site and all the applicable public records, including notices, reports and plans, can be accessed at: https://www.envirostor.dtsc.ca.gov/public/profile report.asp?global id=6000 0653 The Site Remediation Action Plan Summary in the table below summarizes the key dates and remediation actions taken by the landowner and DTSC between 2007 and June 2017. 3 Site Remediation Action Plan Summary Date Action, -•• July 3, 2007 California Land Reuse and A Revitalization Agreement signed November 26, 2007 Site Remedial Investigation Report B Approved by DTSC August 8 2009 UST Removal completed n/a October 18, 2010 SVE Pilot Plan Approved by DTSC See EnviorStor link April 5, 2011 CEQA Initial Study prepared by C DTSC April 15, 2011 CEQA Negative Declaration D prepared by DTSC April 18 — May 19, 2011 CEQA Public Comment Period. E Community Fact Sheet provided to residents. May 31, 2011 CEQA documents completed and n/a posted by DTSC June 22, 2011 AB 389 Response Plan submitted to See EnviorStor link DTSC. March 27, 2012 ERH dual phase system and SVE n/a fully operational March 2017 — current Technical studies prepared and See EnviorStor link approved by DTSC. Ongoing monitoring. April 21, 2015 Final RACK approved See EnviorStor link October 22, 2015 Removal Action Completion Report see EnviroStor link Approved June 14, 2017 Community Update Report sent by F DTSC *Attachments can be accessed via the EnviroStor website at: https://www.envirostor.dtsc.ca.gov/public/profile report. asp?global id=6000 0653 DTSC has provided the City with an update on the current conditions of the site and the actions required moving forward (see Attachment G). Staff will continue rd to work directly with the property owner and DTSC to ensure the site is remediated as required by law. Fiscal Impact: none Coordinated With: Jose Diaz, Department of Toxic Substances Control (DTSC) Attachment A — CLRRA Agreement, dated July 12, 2007 Attachment B — Site Investigation Report Approval Letter from DTSC, dated November 26, 2007 Attachment C — CEQA Initial Study, dated April 5, 2011 Attachment D — CEQA Negative Declaration Attachment E — Community Fact Sheet, dated April 2011 Attachment F — Community Update, dated June 2017 Attachment G - Site Remediation Update (prepared by DTSC July 2017) ATTACHEMENT Linda S. Adams Secretary for Environmental Protection July 12, 2007 -G� Department of Toxic Substances Control Maureen F. Gorsen, Director 1011 North Grandview Avenue Glendale, California 91201 Preston W. Brooks, Esq. Cox Castle Nicholson, LLP 2049 Century Park East, 28th Floor Los Angeles, California 90067-3284 Arnold Schwarzenegger Governor AGREEMENT FOR CALIFORNIA'S LAND REUSE AND REVITALIZATION ACT (CLRRA) PROGRAM, 3000 EAST IMPERIAL LLC, 3000 EAST IMPERIAL HIGHWAY, LYNWOOD, CALIFORNIA Dear Mr. Brooks: Enclosed for your files is one fully executed duplicate original of the CLRRA Standard Agreement (Agreement) for the property located at 3000 East Imperial Highway, Lynwood, County of Los Angeles, California 90262. The Agreement will cover the Department of Toxic Substances Control (DTSC) review and comment on environmental investigation documents for the Site. DTSC will also determine what additional work, if any, will be required to complete the investigation and remediation of the Site. Upon completion DTSC will issue a Certificate of Completion or No Further Action letter. DTSC has designated Mr. Jose Diaz as the project manager for your Site. He Will be responsible for the technical interface with you and/or your environmental consultant. He can be reached at (818) 5.51-2171. As noted in the Agreement, the advance payment is due within fourteen days of Agreement execution. It is important that the following information be clearly marked on the face of the check: "Docket Number HSA-CLRRA 06/07-224 and CalStars Site Code 301351 ". The advance payment should be sent directly to: Department of Toxic Substances Control Accounting/Cashier 1001 1 Street, 21St Floor P.O. Box 806 Sacramento, California 95812-0806 A photocopy of the check should be sent to my attention at the letterhead. address. 0 Printed on Recycled Paper Preston W. Brooks, Esq. July 12, 2007 Page 2 Thank you for your participation in the CLRRA Program. Should you have any questions, please call me at (818) 551-2864. Sincerely, Tedd Yargeau Brownfields Coordinator Southern California Cleanup Operations Branch — Glendale Office Enclosure STANDARD AGREEMENT for participating under California's Land Reuse and Revitalization Act (CLRRA) Program Docket No. HSA-CLRRA 06/07-06/07-224 Overview The California Land Reuse and Revitalization Act of 2004 (CLRRA) was enacted by Assembly Bill No. 389, Montanez, on September 23, 2004.' CLRRA provides for an eligible bona fide purchaser (BFP), innocent landowner (ILO), or contiguous property owner (CPO) (a "Person" under this Agreement) to qualify for specified immunities from liability for certain response costs or damage claims under applicable state statutes. Under CLRRA, a Person seeking the immunities provided by this Act is required to enter into an agreement. By entering into this Agreement, 3000 E. Imperial, LLC meets the CLRRA requirement to enter into such an agreement. The CLRRA program is a voluntary program afforded to qualifying Persons and does not alter existing state law regarding liability for releases or discharges of hazardous substances or hazardous materials not addressed by this Agreement. 3000 E. Imperial, LLC and DTSC hereby agree as follows: 1. Introduction 1.1 Parties. This Agreement is entered into by 3000 E. Imperial, LLC and DTSC, who are collectively the "Parties" to this Agreement. 1.2 Site Description. This Agreement applies to the "Site" which is defined as the real property located at 3000 East Imperial Highway in Lynwood, Los Angeles County, California 90262, identified by Assessor's Parcel Number (APN) 6169- 003-017. The Site is approximately 3.7 acres and is bounded to the north by the East Imperial Highway; to the east by State Street; to the south by Beechwood Avenue; and to the west by industrial uses. The Site was previously occupied by a manufacturer of heat control devices, a, manufacturer of metal parts, for aircraft, and furniture and upholstery manufacturers, and all structures have since been demolished and removed. The Site is located in a commercial/industrial/residential part of Lynwood. A diagram of the Site depicting the boundaries of the Site is attached as Exhibit A. 1.3 Jurisdiction. CLRRA, as codified in Health and Safety Code (HSC) section 25395.92, authorizes DTSC to enter into an agreement with 3000 E. Imperial, LLC with respect to the Site. 1.4 Furpose. The purpose of this Agreement is to implement CLRRA for the assessment and remediation of the Site, so that 3000 E. Imperial, LLC may Assembly Bill No. 389 added Chapter 6.82 (commencing with section 25395.60) and Chapter 6.83 (commencing with section 25395.110) to Division 20 of the Health and Safety Code. qualify for the immunities afforded under CLRRA and DTSC may be reimbursed for the costs incurred by DTSC. 1.5 Agreement Not an Admission. Entry into this Agreement by 3000 E. Imperial, LLC does, nct constitute ari admission of fact or liability or conclusion of law for any purpose or proceeding nor does it limit or waive any defense to responsibility or liability that may be available to 3000 E. Imperial, LLC under any provision of law. 1.6 Agreement Not a Limitation. Nothing in this Agreement limits DTSC's authority to conduct a response action DTSC determines is necessary to protect public health and safety or the environment pursuant to an applicable statute. Except as otherwise expressly provided, nothing in this Agreement limits DTSC's authority to issue an order or take any other action under any provision of law to protect public health and safety or the environment or to pursue any existing legal, equitable or administrative remedies pursuant to state or federal law. 2. Definitions 2.1 Unless otherwise specified, definitions of terms used in this Agreement are those set forth in HSC, Division 20, Chapters 6.82 and 6.83. 2.2 "Applicable statute" means the statutory provisions listed in HSC §25395.66(a) - (e). 3. Findings 3.1 Site History. The Site was apparently first developed by Grayson Heat Control, a manufacturer of heat control devices during the 1930s. Grayson was acquired by RobertShaw-Fulton Controls, Co. during the late 1930s or early 1940s. Following Grayson/RobertShaw-Fulton, Whittaker WM R Co. acquired the Site in 1955. The property was subsequently occupied by Telecomputing Corporation, a division of Whittaker Controls. The Site was purchased by the Kanowsky family in 1963, which owned the property until it was acquired by Gold Realty Company in 1970. Around this time, the Site was leased to Allied Industrial Components and Allied Upholstery Manufacturing, Inc. and subsequently, Brea Datsun and K&K Office Furniture in 1985. K&K Office Furniture remained the primary tenant from approximately 1985 to 2004. Regent Othceworks, Inc. purchased the K&K business in 2004 and continued to operate the facility as a wooden office furniture manufacturing business. The Site is currently owned by 3000 E. Imperial, LLC. 3.2 Site Eligibility. On May 29, 2007, 3000 E. Imperial, LLC submitted to DTSC a complete application and All Appropriate Inquiries (AAI) report that provide sufficient information for DTSC, pursuant to HSC section 25395.92(c), to prepare this Agreement, to determine that the Site is an eligible site under HSC section Irl 25395.79.2 and to determine that 3000 E. Imperial, LLC meets the conditions that apply as of the effective date of this Agreement to qualify as a BFP under HSC section 25395.69. Reports, containing the results of environmental media sampling conducted at the Site, indicate that the soil, soil vapor, and groundwater contain hazardous materials including volatile organic compounds (VOCs) and/or petroleum hydrocarbons. Based on the information submitted in the application and the AAI report, DTSC has determined that the Site meets the definition of a site specified under HSC section 25395.79.2 because it is real property located in an urban infill area and its redevelopment is complicated by the presence of hazardous materials and is not excluded as an NPL site or state superfund site and is not solely impacted by a petroleum release. 3.3 Eligibility of 3000 E. Imperial, LLC. Based on the information submitted in the application and AAI report, DTSC has determined that 3000 E. Imperial, LLC meets the definition of a BFP pursuant to HSC section 25395.69 and that 3000 E. Imperial, LLC made all appropriate inquiries pursuant to HSC section 25395.65 and meets the conditions under HSC section 25395.80 that apply as of the effective date of this Agreement. The AAI report consists of the following documents, including all appendices, tables and figures thereto: 1. Brown and Caldwell, November 16, 2006. "Phase I Environmental Site Assessment (Former K & K Office Furniture) 3000 East Imperial Highway, Lynwood, California 90262. 2. Brown and Caldwell 2006. Groundwater Investigation Results (unpublished), 2936 Beechwood Avenue and 3100 East Imperial Highway, Lynwood, California. Site Assessment conducted on behalf of Lynwood Shopping Center LLC. 3. Equipoise Corporation, March 14, 2006. "Soil and Groundwater Investigation Data Report", K & K Office Furniture Property, 3000 East Imperial Highway, Lynwood, California 90262. 4. Premier Environmental Services, Inc. Phase I Environmental Site Assessment Report. K&K Office Furniture Property, 3000 East Imperial Highway, Lynwood California. October 24, 2004. 5. Premier Environmental Services, Inc. Revised Draft, Subsurface Soil Vapor, Soil and Groundwater Investigation Report, K&K Office Furniture Facility, 3000 East Imperial Highway, Lynwood California. September 24, 2004. K3 In addition, the following reports are known to exist: Geocon Consultants, Inc. Phase I Environmental Site Assessment Report. 3000 East Imperial Highway, Lynwood California. 2001 (Report not available). Frey Environmental — Limited Soil Sampling Results. 1995 (Report not available). Brown and Caldwell, 2007 Site Assessment Data Report (pending). 4. Immunities, Withdrawal and Termination 4.0 Immunities. 3000 E. Imperial, LLC is entitled to the immunities provided for by CLRRA, subject to its limitations and conditions, upon entry into this Agreement. Any successor -in -interest to the Site will also be entitled to the immunities set forth by the CLRRA provided: (a) such successor -in -interest executes a written agreement (in the form attached hereto as Exhibit E) to assume any remaining obligations under the Agreement not performed by 3000 E. Imperial, LLC, including, without limitation, long-term operation and maintenance; (b) DTSC finds that such successor -in -interest meets all of the qualifying conditions of HSC section 25395.80 and either section 25395.69 or 25395.70 of CLRRA, as applicable; and (c) DTSC accepts the assumption by such successor -in -interest of the remaining obligations under this Agreement. DTSC's acceptance of the successor -in -interest qualifying under the conditions of HSC section 25395.80 and either section 25395.69 or section 25395.70 of CLRRA, as applicable, shall be evidenced solely by DTSC's execution of the assumption agreement by such successor -in -interest. Such agreement shall then be incorporated into the Agreement as.a subsequent Exhibit. 4.1 Withdh9w9lantl Termination. The circumstances and procedures under which 3000 E. Imperial, LLC or DTSC may withdraw from or terminate this Agreement, and the consequences of withdrawal or termination are as set forth in CLRRA. 4.2 Ormortunity to Cure. 3000 E. Imperial, LLC shall be given notice and an opportunity to cure within a reasonable period of time before DTSC withdraws from this Agreement for an unapproved material deviation from the Agreement pursuant to HSC sections 25395.81(c)(1) and 25395.93(d) of CLRRA. Specificity as to the alleged unapproved material deviation shall be provided in the notice. 5. Activities 5.0 Activities. 3000 E. Imperial, LLC and DTSC agree that the following activities are to be conducted under this Agreement in accordance with the schedule contained in Exhibit 13:.. 4 5.1 Submittal of Existing Data. 3000 E. Imperial, LLC represents that it has made and shall continue to make available to DTSC until DTSC' s issuance of the certificate of completion, all known data and information concerning contamination at the Site whether or not such data and information was developed pursuant to this Agreement. 3000 E. Imperial, LLC further represents that it has informed DTSC of any other known reports and documents, not in its possession, pertinent to the hazardous materials management and/or release, characterization and cleanup of the Site, including the name of the document (if known) and the identity and address of the person/entity with possession of the document (if known). 5.2 Site Assessment. 3000 E. Imperial, LLC shall submit a Site Assessment Plan to DTSC that contains all necessary information required under HSC section 25395.94(b) and (c). Based upon the AN information submitted, DTSC will determine if a health risk assessment (HRA) prepared in accordance with HSC section 25356.1.5(b), (c), and (d) will be required. 5.2.1 SitiaAssessment_Plan.and Report of -Findings 3000 E. Imperial, LLC shall subrrmifa Siter Assessment Plan based upon comments from DTSC on the existing environmental reports. Following implementation of the Site Assessment Plan, 3000 E. Imperial, LLC shall submit a Report of Findings as part of the Response Plan containing all information required under HSC section 25395.94(b) and (c). The Report of Findings and the workplan together will constitute the Site Assessment Plan required under HSC section 25395.94. 5.2.2 Apgroval of Site Assessment Plan. If DTSC finds the Site Assessment Plan is adequate and contains all necessary information required pursuant to HSC section 25395.94(b) and (c), DTSC will notify appropriate persons, including any public drinking water system that relies on impacted groundwater for public drinking water purposes. 5.3 Response Plan. Based upon the AN information submitted, DTSC determined that response action is necessary to prevent or eliminate an unreasonable risk for the proposed commercial/residential redevelopment of the Site. 3000 E. Imperial, LLC shall submit a Response Plan to DTSC for approval. Once the Response Plan is approved, 3000 E. Imperial, LLC shall implement the plan. The Response Plan shall contain the information specified in HSC section 25395.96(a) and (b) and shall provide that implementation of the plan will place the site in a condition that allows it to be used for its reasonably anticipated future land use without unreasonable risk to human health and safety and the environment. Public participation shall meet the requirements of HSC section 25395.96, including a DTSC public meeting if requested. Upon approval of the Response Plan, DTSC will notify all appropriate persons. 5.3.1 Agreement to.Implement.-Response Plan-. Pursuant to HSC section 25�95.k(d)(ij, 3600 E. Imperial, LLC agrees to take all actions required 5 for a response action pursuant to HSC, Division 20, Chapter 6.8 and Water Code Division 7. Required actions may include actions necessary to prevent an unreasonable risk before approval of the Response Plan. 5.3.2 Schedule for Compliance. The Response Plan shall include a timetable that identifies a schedule for compliance with the response action activities required for the site. 5.3.3 Determination of Appropriate..Care. Within sixty (60) calendar days after DTSC receives the Response Plan submitted under Section 5.2, DTSC will make a written determination as to whether proper completion of the Response Plan will constitute appropriate care for the purposes of HSC section 25395.67(a). 5.3.4 Certificate of Completion. DTSC will issue a certificate of completion upon determining that all response actions have been satisfactorily completed in accordance with the approved Response Plan and that, based upon the data provided to DTSC at the time of the determination, no further remedial action, except only compliance with operation and maintenance and land use restriction requirements, if any, is necessary. If the Response Plan includes long-term obligations that have not been completed, including operation and maintenance (O&M) requirements or monitoring, DTSC will not issue a certificate of completion unless DTSC determines that all response actions other than the long-term O&M requirements and monitoring in the Response Plan have been completed, 3000 E. Imperial, LLC has submitted an adequate long-term O&M plan (O&M Plan) and 3000 E. Imperial, LLC has demonstrated initial compliance with the O&M Plan. 5.3.5 Nbtifieation .of Prospective Change in Land Use. After the Response Plan is -approved, 3000 E. Imperial, LLC shall notify DTSC of any proposed change in the use or anticipated use of the property different from that specified in the Response Plan. If the proposed change in use or anticipated use of the property requires a higher level of protection than use or anticipated use identified in the Response Plan, DTSC may require 3000 E. Imperial, LLC to prepare and implement a new response plan that takes into account the change in use or anticipated use of the property. 3000 E. Imperial, LLC shall not make any change in use of the property inconsistent with any recorded land use control without the express approval of DTSC made in accordance with HSC section 25395.99(f). 5.4 Land Use Controls. 3000 E. Imperial, LLC will execute and record any land use controls required under the approved Response Plan. 5.5 Ooeration and.Maintenance. If DTSC determines long-term O&M is required, as provided in an approved Response Plan, DTSC may, as a condition of issuing a 0 certificate of completion, enter into an O&M agreement with 3000 E. Imperial, LLC that governs long-term O&M activities and that provides for adequate financial assurance. 3000 E. Imperial, LLC shall select financial assurance provisions from the options available in Title 22, California Code of Regulations section 66264.145. DTSC may agree to the assignment and termination of 3000 E. Imperial, LLC's O&M obligations, if any, if it is provided satisfactory evidence of financial assurance for the O&M obligations by the assignee and such successor enters into an acceptable O&M Agreement with DTSC. Such agreement shall not be unreasonably withheld. 5.6. CEQA Compliance. 3000 E. Imperial, LLC shall submit to DTSC all documentation necessary for compliance with the California Environmental Quality Act, Public Resources Code sections 21000-21177 (CEQA). 5.7 Final Reports. For all final reports, 3000 E. Imperial, LLC shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text -readable Portable Document Formatted (pdf) file Adobe Acrobat version 7.0 or lower or Microsoft Word 2003 formatted file (doc) or lower. 5.8 Endangerment. 5.8.1 3000 E. Imperial, LLC shall notify DTSC's Project Manager immediately upon learning of any previously unknown condition that endangers public health or safety or that poses an unreasonable risk to human health and safety or the environment. 5.8.2 In the event DTSC determines that any activity (whether or not pursued in compliance with the Agreement) may pose an imminent or substantial endangerment to the health and safety of people on the Site or in the surrounding area or to the environment, DTSC may order 3000 E. Imperial, LLC to stop further implementation of the Agreement for such period of time as may be needed to abate the endangerment. 5.9 Further Response Actions. DTSC may require 3000 E. Imperial, LLC to conduct further response actions only under the circumstances set forth in CLRRA. 5.10 Disclosure Provisions. 3000 E. Imperial, LLC will provide all notices and satisfy reporting requirements required by state or federal law with respect to the discovery or release of hazardous substances at the site. 5.11 Exclusion from Permit Requirements. DTSC may exclude any portion of a response action conducted entirely on a site subject to an approved Response Plan from the hazardous waste facilities permit requirements if the Response Plan specifies that the response action will be conducted in compliance with the 7 standards, requirements, criteria or limitations specified in HSC section 25395.100(b), including any condition imposed by DTSC. 5.12 Access. While 3000 E. Imperial, LLC is the owner of the Site, 3000 E. Imperial, LLC shall provide access to the Site and take all reasonable efforts to obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation of any law. 5.13 Notification of Field Activities. 3000 E. Imperial, LLC shall inform DTSC at least seven (7) calendar days in advance of all field activities pursuant to the Agreement and shall allow DTSC and its authorized representatives to take duplicates of any samples collected pursuant to the Agreement 6. Oversight, Mani fnemenf and Payment 6.1 Oversight Agreement Managers and Project Managers. Sayareh Amir, Chief, is designated by DTSC as its manager for this Agreement. Preston W. Brooks, Esq., is designated by 3000 E. Imperial, LLC as its manager for this Agreement. Each Party will provide at least ten (10) calendar day advance written notice to the other Party of a change of its designated agreement manager. All notices, documents and communications unless otherwise specified will be sent to the following addresses: To: Sayareh Amir, Chief Southern California Cleanup Operations, Glendale Office Site Mitigation and Srownfelds Reuse Program Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, CA 91201 To: Preston W. Brooks, Esq. Cox Castle Nicholson, LLP 2049 Century Park East, 28`h Floor Los Angeles, California 90067-3284 6.2 Payment of DTSC's Costs. 3000 E. Imperial, LLC shall follow the procedures for payment of DTSC's oversight costs. 6.2.1 Costs Included. 3000 E. Imperial, LLC shall reimburse DTSC for all DTSC's costs. Subject to the provisions of section 6.2.6 below, 3000 E. L:1 Imperial, LLC will reimburse DTSC costs in accordance with HSC Division 20, Chapter 6.66. DTSC's costs are recoverable pursuant to HSC section 25360. 6.2.2 Cost Estimate. An estimate of DTSC oversight costs is contained in Exhibit C. The cost estimate is the estimated cost of DTSC oversight of the activities discussed in Section 5, above. The Parties acknowledge that the cost estimate is not the final cost figure. DTSC will provide an updated Cost Estimate if the estimated oversight cost increases or the scope of work changes. If the Parties revise the Cost Estimate in Exhibit C, such revision will be incorporated into this Agreement as an amendment to Exhibit C. 6.2.3 Payment Procedures. In anticipation of the costs to be incurred under this Agreement, including costs of preparing this Agreement, 3000 E. Imperial, LLC has made an advance payment of $5,000.00. If the advance payment does not cover all costs payable to DTSC, DTSC will invoice 3000 E. Imperial, LLC quarterly. 3000 E. Imperial, LLC shall pay all invoices within sixty (60) calendar days of the mailing date of the invoice. If payment is not received by DTSC within sixty (60) calendar days of the date of the invoice, 3000 E. Imperial, LLC may be deemed to be in material default of this Agreement, subject to the cure period specified in section 4.2. Any payment for billing not received by DTSC within sixty (60) calendar days is subject to interest based on applicable Federal and State laws and regulations, including but not limited to Health and Safety Code section 25360.1. 6.2.4 Billing Address. DTSC will provide a Statement of Account to 3000 E. Imperial, LLC at least quarterly. 3000 E. Imperial, LLC's billing address is: Preston W. Brooks, Esq. Cox Castle Nicholson 2049 Century Park East, 28th Floor Los Angeles, California 90067-3284 6.2.5 Payment Address. All payments made by 3000 E. Imperial, LLC pursuant to this Agreement shall be by check made payable to DTSC, and bearing on its face the project code for the Site (#301351) and the docket number (HSA-CLRRA 06/07-224) of this Agreement. Payments shall be sent to: Department of Toxic Substances Control Accounting/Cashier 1001 1 Street, 21 st Floor P.O. Box 806 84eMW i ts, t a)i Mlia 2= r (7 E 6.2.6 Dispute Resolution. If 3000 E. Imperial, LLC disputes DTSC's billing, or any part thereof, 3000 E. Imperial, LLC shall notify DTSC's assigned project manager and attempt to informally resolve the dispute with DTSC's project manager [and supervisor or branch chief]. If 3000 E. Imperial, LLC desires to formally request dispute resolution with regard to the billing, 3000 E. Imperial, LLC shall file a request for dispute resolution in writing within forty-five (45) calendar days of the date of the billing in dispute. The written request shall describe all issues in dispute and shall set forth the reasons for the dispute, both factual and legal. If the dispute pertains only to a portion of the costs included in the invoice, 3000 E. Imperial, LLC shall pay all costs that are undisputed in accordance with this section. The filing of a notice of dispute pursuant to this section shall not stay the accrual of interest on any unpaid costs pending resolution of the dispute. The written request shall be sent to: Special Assistant for Cost Recovery and Reimbursement Policy Department of Toxic Substances Control P.O. Box 806 Sacramento, CA 95812-0806 A copy of the written request for dispute resolution shall also be sent to the person designated by DTSC to receive submittals under this Agreement. A decision on the billing dispute will be rendered by the Special Assistant for Cost Recovery and Reimbursement Policy or other DTSC designee. 6.2.7 Effect of Billing Dispute. The existence of a billing dispute shall not excuse, stay, or suspend any other compliance obligation or deadline required pursuant to this Agreement. 7. Additional Provisions 7.1 Exhibits. All Exhibits are incorporated into this Agreement by reference. 7.2 Liens. To the extent 3000 E. Imperial fails to perform a response action, and DTSC pays for such response action, DTSC shall have a lien on the property constituting the Site for its unrecovered costs of such response action carried out at the Site, if the response action increased the fair market value of the site that existed before the response action was initiated. DTSC and 3000 E. Imperial, LLC may agree to substitute a lien on another property or other assurance of payment for the unrecovered response costs. 7.3 Proponent Llabilities Excr pt as' t3pecified in CLRRA, nothing* in the Ag-reci-ncnt shall constitute or be considered a satisfaction or release from liability for any 10 condition or claim arising as a result of 3000 E. Imperial, LLC's past, current, or future operations. 7.4 Government Liabilities. The State of California (State) shall not be liable for any injuries or damages to persons or property resulting from acts or omissions by 3000 E. Imperial, LLC or by related parties in carrying out activities pursuant to the Agreement, nor shall the State of California be held as a party to any contract entered into by 3000 E. Imperial, LLC or its agents in carrying out the activities pursuant to the Agreement. 7.5 Third Party Actions. In the event that 3000 E. Imperial, LLC is a party to any suit or claim for damages or contribution to which DTSC is not a party, relating to environmental conditions at the Site, 3000 E. Imperial, LLC will notify DTSC in writing within ten (10) calendar days after service of the complaint in the third - party action. However, failure to give such notice within ten. (10) calendar days will not be a material breach of the Agreement, and this requirement confers no rights on any third parties not party to the Agreement. 7.6 California Law. The Agreement shall be governed, performed and interpreted under the laws of the State of California. 7.7 Severability. If any portion of the Agreement is ultimately determined not to be enforceable, that portion will be severed from the Agreement and the severability shall not affect the enforceability of the remaining terms of the Agreement. 7.8 Parties Bound. The Agreement applies to and is binding, jointly and severally, upon 3000 E. Imperial, LLC and its officers and directors, and upon any successor agency of DTSC that may have responsibility for and jurisdiction over the subject matter of the Agreement. 7.9 Amendment. This Agreement may be amended in writing by mutual agreement of DTSC and 3000 E. Imperial, LLC. Any agreed upon amendment shall be in writing, shall be signed by both parties, shall be effective upon the date the amendment is signed by DTSC and, once signed by DTSC, is incorporated in this Agreement. 7.9.1 An amendment may include changes to the terms and conditions of this Agreement, including changes to the Schedule in Exhibit B and the Cost Estimate in Exhibit C and addition of another party in Exhibit D (provided that the party meets all of the qualifying conditions of HSC section 25395.80 and either section 25395.69 or section 25395.70, as applicable) and any other changes DTSC determines to be necessary. Such amendment shall then be incorporated into the Agreement as a subsequent Exhibit. 11 7.10 Effective Date. The effective date of this Agreement is the date when this Agreement is fully executed. 7.11 Representative Authorijy, Each undersigned representative of the Parties to this Agreement ce-rtifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the Parties to this Agreement. 7.12 Counterparts. The Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. Date: — /O — ®7 Zayareh Amir, Branch Chief Southern California Cleanup Operations, Glendale Office, Site Mitigation and Browsnfields Reuse Program Department of Toxic Substances Control Date:_ 3000 E 04--03--0::� Imperial, LLC 12 LIST OF EXHIBITS Exhibit A: Site Map Exhibit ®: Schedule Exhibit C: DTSC Oversight Cost Estimate Exhibit ®: Amendment to Add an Additional Party Exhibit E Successor Assignment and Assumption Agreement 13 EXHIBIT A Site Map 14 ttxv ia�t�� + Ilao_■ r.1.4M3 w1wr� I . 9w3nw ananiaer Q//o s�� +www Y+Ow GOOIYIJL+ e.w • <</—� M ..15 'J"" ""'wSIUU S.00YYA — � an I c3Nidg3M) I I 553MISM 1M011M'= I I I I 1 3.nIw D13f0 M>/M Uw 101 %NMME 3UO-WV9 43M*J S13.dM IIOlsna S.SV%VA SuMvem Y • v ON3fl3t EXHIBIT SCHEDULE |f3000 E. Imperial, LLC is unable to perform any activity or submit any document within the schedule outlined below, 3000 E. |rnpBh@|. LLC shall notify OTSC'SProject K88OageF prior k}the date the task was b3be completed inthe schedule below. |f[]TSC determines that the revised schedule will have a significant effect on the schedule outlined below or upon its review schedule, the schedule shall be amended pursuant to Section 7.2. Submit� 30 LWQ ' c�e le - | | _ ggmm "n Response Plan ' -aft lanq jrL afflgs _P ompi#k2n r -of Final Res approval _pgnse Plan | -- 15 EXHIBIT C DTSC Oversight Cost Estimate 16 EXHIBIT C DRAFT COST ESTIMATE %ORIOItEET VOLUNTARY CLEANUP AGREEMENT: PLAZA MEXICO EX7 L• 15101 Project Dame: Plaza Mexico Extension, 39@0 f Imperial iHighc+a%, I %n%nod, ( alifornia CalStars Site Code: .301351-I l VCP Project Industri HQ Public HQ Title Coord. Manager Suaervisor Toxicob Geolo Hygiene Eo ' Partic CEt ♦r. Staff t•.ng 1,soC Staff, tfassitllftwfi JjNs_11i>� t1!t 11N�1 11NS11 tottcnkl+(,cul. III Uhf I'Y� �h.Y (uun.r�tYI %SIN kt rrrun! I'rc 1.. \e211t1 MOII 8 i<,'t 1r+� I vstln� Ilan:) �cc. S.1 t 16 1. Re%iCs� Sitc lose,stncut %%or6 Plan 12 I r. crstRh( o1 1an1 )Iiug� kcw inr, 1? I ,rt of Findin , 16 } kick ks%evmcnt Nac iat 8 i *,„r,smrnt tScc. �.L Itrspnn,e Plan \itc %% alk 8 4 icl) I(c, )n11w I'1an (tire. -5.31 24 � f,1�t11 u1 kc% pantie Plan \cti, ities 16 In Partici ation tticc. t.l ) 4 9c.p Int )Icmrntuuon I(c port ,%cc. 5.j.4, $ We'd t nm letiun Itiec.5.3.51 8 4 Total No. Hours/CV-s f+ '36 0 1` i:u n t: AJ 01 Hourly Rate/Class l;. u8 121 11'� Iiiil 1231 159>� Cost/Class 1024 146881 01 2048 0 8100 12300 0 01 1.4561 0 318 0 Grand Total Cost 1024 146881 01 2048 0 8100 12300 0 01 14561 0 3181 0 I 25 -Jun -07 EXHIBIT D [MONTH, DATE, YEAR] AMENDMENT TO ADD AN ADDITIONAL PARTY This Amendment is made and entered into, by and between the State of California, Department of Toxic Substances Control ("Department") and [Existing BFP, CPO or IL] and [Name of Additional Party] (the " Additional Party") (collectively referred to as the "Parties"). 1. The Standard Agreement for participating under California's Land Reuse and Revitalization Act (CLRRA) Program, DTSC Docket No. (the "Agreement") is amended to replace "[Name of existing BFP, CPO, IL named in the Agreement]" with "[Name of existing BFP, CPO, IL named in the Agreement] and [Name of Additional Party]". 2. The Additional Party agrees to comply with the amended Agreement. 3. The Department has verified that the Additional Party meets the requirements and conditions for a [CHOOSE ONE: Bona fide purchaser pursuant to HSC section 25395.69, Contiguous Property Owner pursuant to HSC section 25395.70, or Innocent landowner pursuant to HSC section 25395.75] and has made all appropriate inquiries pursuant to HSC section 25395.65 and section 25395.80. 4. Submittals to the Additional Party, pursuant to section 6.1 of the Agreement, shall be addressed as follows: [Name of Company] [Street Address] [City, County, State, Zip Code] Attention: Telephone: Fax: Email address: 5. The Department reviewed the all appropriate inquiries documentation submitted by [Existing BFP, CPO, 10] and updated as necessary by [Additional Party] and has determined that the documentation meets the requirements for a Site Assessment Plan, pursuant to section 5.2 of this Agreement, and that no changes to the existing Site Assessment Plan are necessary. Each undersigned representative of the Parties to this Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the Parties to this Agreement. 17 Dated: [Typed Name of Person Authorized to Sign on Behalf of existing BFP, CPO, IL] [Title] Dated: [Typed Name of Person Authorized to Sign on Behalf of Additional Party] [Title] Dated: [dame of Branch Ch'ief], `Branch. Chief Statewide Cleanup Operations, Division Site Mitigation Program 18 EXHIBIT E This ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assumption Agreement') is dated as of [ ] (_], 2006 (the "Effective Date"), by and among [NAME OF ORIGINAL PARTY/PARTIES TO THE CLRRA AGREEMENT], a [ ]("Assignor(s)"), [NAME OF ASSIGNEE/SUCCESSOR], a [ ]("Assignee"), and, for purposes of consenting to this Assumption Agreement only, the State of California, Department of Toxic Substances Control ("Department'). RECITALS WHEREAS, Assignor is a party to that certain Standard Agreement For Participating Under California's Land Reuse and Revitalization Act Program, by and between Assignor and Department, dated as of [ _j (the "CLRRA Agreement'); WHEREAS, Assignor wishes to assign to Assignee all of its obligations (from and after the Effective Date) pursuant to this Assumption Agreement effective as of the Effective Date, and Assignee wishes to assume all of Assignor's obligations (to the extent arising from and after the Effective Date) with respect to the CLRRA Agreement effective as of the Effective Date; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, the parties hereto agree as follows: 1. Assumption. Effective as of the Effective Date, Assignee agrees to hereby assume all of the remaining obligations (to the extent arising from and after the Effective Date) of the CLRRA Agreement. 2. DTSC's Determinations. DTSC has determined that the Assignee meets all of the qualifying conditions of HSC Section 25395.80 and either Section 25395.69 or 25395.70 of CLRRA, as applicable, and is qualified to perform any remaining obligations under the CLRRA Agreement, including, without limitation, long- term operation and maintenance, and, by execution of this Assumption Agreement, has agreed to assume such obligations. 3. Further Actions. DTSC hereby consents to the Assumption by the Assignee of the Assignor's remaining obligations under the CLRRA Agreement. Assignor and Assignee each covenants and agrees, at its own expense, to execute and deliver, at the request pf the other party, hereto,, --_such furth r instruments pf t nsfsr and. assignment and to take such other action as such other party may reasonably request 19 to more effectively consummate the assignments and assumptions contemplated by this Agreement. 4. Counterparts. This Assumption Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. Binding Effect. This Assumption Agreement shall be binding upon, and shall inure to the benefit of the parties, and each of their respective successors and permitted assigns. 6. Governing Law. This Assumption Agreement shall be governed by, and be construed in accordance with, the laws of the State of California. IN WITNESS WHEREOF, the parties have executed this Assumption Agreement on the date first set forth above. [Assignor: [Title] [Assignee: ] [Title] [Name of DTSC Branch Chief], Branch Chief Statewide Cleanup Operations Division Site Mitigation Program Dated: Dated: Dated: 20 ATTACHEMENT Linda S. Adams Secretary for Environmental Protection Department of Toxic Substances Control November 26, 2007 Maureen F. Gorsen, Director 1011 North Grandview Avenue Glendale, California 91201 Preston W. Brooks, Esq. Cox, Castle & Nicholson, LLP 2049 Century Park East, 28th Floor Los Angeles, California, 90067-3284 3000 EAST IMPERIAL HIGHWAY PROJECT, FORMER K&K PROPERTY (SITE), LYNWOOD CALIFORNIA Dear Mr. Brooks: Wit.. Arnold Schwarzenegger Governor The Department of Toxics Substances Control (DTSC) has completed its review of the Site Assessment & Remedial Investigation (RI) Report dated September 5, 2007, and the Feasibility Study (FS) dated October 4, 2007, submitted by Brown & Caldwell on behalf of 3000 East Imperial LLC. The RI Report presented the findings of several investigations conducted between September 2005 and May 2007, and a Baseline Human Health Risk Assessment (HHRH). The HHRA was prepared primarily with data collected from within or near portions of the property identified as source areas. Consequently, the FS presented and evaluated prospective remedial alternatives, and concluded that the proposed remedial alternatives were adequate to clean up impacted soil and groundwater in the identified source areas. In general, DTSC concurs that there is enough soil and groundwater information and data to initiate Response action Plan for the property and approves the RI Report and FS as presented. DTSC is aware that due to access constraints there is limited data for contamination on the neighboring properties to the west and to the south of the site. Further investigation of the areas listed above will be necessary during the remedial design phase of the project. In addition, while the proposed soil and groundwater remedial alternatives in the FS have been proven successful at other sites, field pilot tests for soil vapor extraction system(s), and groundwater treatment by ozone injection, enhanced reductive dechlorination and/or oxygen release compound application are still necessary to demonstrate their effectiveness under site-specific conditions. DTSC is working on obtaining access to the adjacent properties and will notify you of any developments. In the meanwhile, please submit a work plan for further investigation of these properties and a schedule for field pilot test implementation. Any data or Printed on Recycled Paper Preston W. Brooks, Esq. November 26, 2007 Page 2 information from offsite investigation activities should be included in the risk evaluation to off-site receptors. If you have any questions, please contact Mr. Jose Diaz at (818) 551-2171 or me, at (818) 551-2822. Sincerely, Sayareh Amir, Chief Southern California Cleanup Operations Branch — Glendale Office cc: Mr. Leo M. Rebele Brown and Caldwell 400 Exchange, Suite 100 Irvine, California 92602 ATTACHEMENT State of California — California Environmental Protection Agency Department of Toxic Substances Control CALIFORNIA ENVIRONMENTAL QUALITY ACT INITIAL STUDY The Department of Toxic Substances Control (DTSC) has completed the following document for this project in accordance with the California Environmental Quality Act (CEQA) [Pub. Resources Code, div. 13, § 21000 et seq] and accompanying Guidelines [Cal. Code Regs., tit. 14, § 15000 et seq]. PROJECT TITLE: CALSTARS CODING: Response Plan for 3000 East Imperial Highway 301351 PROJECT ADDRESS: CITY: COUNTY: 3000 East Imperial Highway Lynwood Los Angeles PROJECT SPONSOR: CONTACT: PHONE: 3000 E. Imperial, LLC. JT Kim 310.631.4989 APPROVAL ACTION UNDER CONSIDERATION.BY DTSC: ❑ Initial Permit Issuance ❑ Permit Renewal ❑ Permit Modification ❑ Closure Plan ❑ Removal Action Workplan ❑ Remedial Action Plan ❑ Interim Removal ❑ Regulations ® Other (specify): Response Plan Under CLRRA STATUTORY AUTHORITY: ❑ California H&SC, Chap. 6.5 ❑ California H&SC, Chap. 6.8 ® Other (specify): DTSC PROGRAM/ ADDRESS: CONTACT: Jose Diaz PHONE: (818) 717-6614 Brownfields and Environmental Restoration Cleanup Program 9211 Oakdale Avenue, Chatsworth, CA 91311 PROJECT DESCRIPTION: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site The project consists of on-site remediation of soil vapor and soil impacted with VOCs and petroleum hydrocarbons. In addition to limited excavation lead -impacted soil at the Site. SVE with limited excavation and off- site disposal is considered to be a cost-effective treatment alternative capable of meeting the RAOs within a reasonable period. Additionally, electrical resistive heating (ERH) may be utilized in an approximately 5,000 square foot area in the vicinity of the former USTs to optimize the efficiency of SVE in this area. The proposed project consists of the remediation of contaminated soil and groundwater associated with the property located at 3000 East Imperial Highway in Lynwood, California through the implementation of the Response Plan (RP) submitted to the Department of Toxic Substances (DTSC) on March 29, 2011. DTSC and the property owner, 3000 E. Imperial, LLC, entered into an agreement on July 10, 2007, pursuant to the California Land Reuse and Revitalization Act (CLRRA) of 2004. Pursuant to the CLRRA agreement, 3000 E. Imperial, LLC has agreed to perform those actions necessary to remediate the Site as set forth in the RP. The project is located within the City of Lynwood Redevelopment Project Area at the southwest corner of the intersection of State Street and East Imperial Highway in Lynwood, California. Figures 1 and 2 show the project Site vicinity and location. The Subject Property, which is the source of the contamination addressed in the RP, is located at 3000 E. Imperial Highway. For the purpose of the RP, the Site is defined as the area that includes the impacted areas that are the subject of the proposed remedies presented in the RP. The Site includes the 3.7 - acre Subject Property and also includes portions of the adjacent Gonzales property, which is occupied by the DTSC 1324 (08/09/2007) State of California — California Environmental Protection Agency Department of Toxic Substances Control Import Glass Corporation, and the eastern portion of the Vargas property (occupied by Vargas Custom Cabinets). The Site occupies a total area of approximately 4.2 acres. The Site is rectangular in shape, and is located in a mixed commercial/industrial and residential neighborhood. The Site is bounded to the north by East Imperial Highway, to the west by an auto body business and a single-family home, to the south by Beechwood Avenue, and to the east by State Street. The 1-105 Freeway is located approximately one-quarter mile to the south of the Site. There are no surface water bodies in the immediate vicinity of the Site. 3000 E. Imperial, LLC, acquired the Subject Property in November 2006 and proposes to redevelop the Site into a mixed-use, residential/commercial development. In April 2007, all on-site buildings were demolished. Prior to demolition, the Subject Property was occupied by a manufacturing building comprising approximately 116,000 square feet (ft), a maintenance shed comprising approximately 600 ft2, and a lumber storage and hazardous materials storage shed comprising approximately 1,000 ft2. The Subject Property was most recently occupied by a furniture manufacturing facility operated by Regent Officeworks, Inc. Prior to demolition; approximately 90 percent of the Subject Property was covered by buildings. The Subject Property is currently used for temporary surface parking. The remainder of the Subject Property was covered with asphalt parking areas. A water tower remains in the southeastern corner of the Subject Property. Adjacent properties to the west are occupied by light industrial uses. Soil and groundwater impacts at the Site have been sufficiently characterized to initiate a remedial design at the Site (see Figures 3 and 4). Soil gas, soil and groundwater investigations indicate that two distinct source areas or "Areas" exist at the Site, which represent sources of contaminants of concern (COCs) at the Site. Area 1 is located on the southwest portion of the Site and includes nine former underground storage tanks (USTs), a former hazardous material storage shed, a former maintenance pit/manway and a potential sump located near the southeastern corner of the former raw goods lumber storage shed. Area 2, located in the south-central portion of the Site, appears to be the source of limited groundwater VOC impacts, which are likely related to an older release due to presence of trace concentrations of VOCs in the soil column and the absence of benzene in groundwater. VOC and petroleum hydrocarbons impacts in soil and groundwater in Area 1 and Area 2 have been generally defined laterally and vertically. GOALS AND OBJECTIVES The Project's goals and objectives or Remedial Action Objectives (RAOs) for on-site soil and groundwater areas are: • Protection of human health by eliminating or minimizing exposure of workers and/or residents and nearby receptors to COCs; • Remediation of the impacted soil and groundwater to the extent practicable; and • Limit further migration of COCs in groundwater in order to protect beneficial groundwater uses by conducting treatment of the source areas. The RAOs are consistent with the overall goal of Site redevelopment under CLRRA. PROPOSED REMEDIAL ALTERNATIVES Soil Vapor Extraction (SVE) was the soil treatment alternative preferred in the feasibility study (FS) to treat on-site soil vapor and soil impacted with VOCs and petroleum hydrocarbons. In addition, limited excavation was the preferred alternative to address the localized lead -impacted soil at the Site. SVE with limited excavation and off- site disposal is considered to be a cost-effective treatment alternative capable of meeting the RAOs within a reasonable period. Additionally, electrical resistive heating (ERH) may be utilized in an approximately 5,000 square foot area in the vicinity of the former USTs to optimize the efficiency of SVE in this area. Enhanced In -Situ Bioremediation (EISB) with Zero Valent Iron (ZVI) injection was retained as the preferred alternative to treat on-site groundwater impacted with VOCs and petroleum hydrocarbons in the FS based on their cost-effectiveness and their ability to achieve the RAOs in a reasonable timeframe. Existing and proposed on-site groundwater monitoring wells located in the treatment areas as well as the existing off-site wells will be used to monitor the performance of groundwater treatment alternatives. These wells will be sampled in accordance with the selected treatment alternative, primarily for VOCs and petroleum hydrocarbons. Remediation system installation is expected to last approximately 2 to 3 months, starting in the summer of 2011. Remediation of the project Site is expected to last 24 to 48 months. DTSC 1324 (08/09/2007) State of California - California Environmental Protection Agency Department of Toxic Substances Control Q g q AA1Gr119a" A Serrw,1001 Ave, �& Q v % W Q c re"Mya Au.,01, c U e c o I 1t7$th St Century Stv Q K c a c Z 5 T at m a 05 Q h St 3 _ _ m Atna Awn ?� to 46 3 _ 1 r 21h St t t/r Alorton Ave � t 3111 5t °-. Approximate Site Location .51 LOS Flores a" P*3rtal fAih St F 0'N^O.d Ave t✓ E Im S1 4 t� Besct'lWOW Ave `a htwy # Sanborn Ave Lynwood I�ynwooi Rork a 'Z C ity P �; Park E I18th Sit Lynv`tr��v m PaR&Ito 'P -&'E t 19th St � 05 E 120th St t Butisr Ave Mona 'e V3 ParkAve m E 1264h St m smss�r7 E 1261h SK E6e^^'^9 m y St G'o%,. undo Blvd oWllliow Brook , T AY' A9"°$ Av E r -I Ave Gorlin Ave C"n Avew7bn A e h Si Cor K 1 cf+ £ Ei� Ave Euctrd Ave EtJrJAd'AVOpab>Y AV" e --'i y '� 03E Puts St F p� '��o � K�'n pr C Z O"A"a �e E s"K tots St i Srn CsS, E Oe g EStZa� Z 2 I oe Ct F o E Tucker St j N` W Peau St � � � 2 Z 2 Cresssey St 2 y� +� T E Peck St D`r IV Cherry St E ltaY St Z E Rosecrans Ave--- . `3v.- ;$ > � r � E Room _..- ____ __ _ _---- __._-._ __ _._ � _. _ _ __ E Satxw�ers a Z Z z E Pixley St z ::9-� z Z Z 0 E Eirn St W p as W Poplar St °� c E San Vinorsnte St W Painter St 3 D D E Pabner St # y W Scho f St ,. m W mann ka St CD n 01 01 Lo wn, geles County �® Area Enlarged Above 1, 1,000 S00 0 1,000 2,000 Feet Site Location 3000 East Imperial Highway Lynwood, California Geosyntec° Figure consultants San Diego February2011 DTSC 1324 (08/09/2007) 3 State of California — California Environmental Protection Agency Department of Toxic Substances Control DTSC 1324 (08/09/2007) State of California — California Environmental Protection Agency Department of Toxic Substances Control / 3000 East Imperial Hwy u ss t c. 51 c•30(a5) 535S.w 301"l SU 53.a 10<' 5 G rv. r e w w r bry� 1 J p a m a Legend j At i„ �. pl }r Q Soil Vapor Sample Location (Location Name @ Depth (TCE Concentration Vg/kg)) Inferred Site Related TCE Isoconcentration . ® Area of Metals Impacted Soil' �'"•+sw, ::. + �" QApproximate Property Boundary Note: 89,000 pg/kg isoconcentratlon contour is based ; on construction worker Risk Based Concentration for TCE in soil. Soils with concentrations of Arsenic greater than RSLs are not included as the concentrations m are within the range of background in California soils. • Metals impacts defined as soils with concentrations greater than industrial RSI -s. DTSC 1324 (08/09/2007) 3 State of California — California Environmental Protection Agency ENVIRONMENTAL IMPACT ANALYSIS: 1. Aesthetics Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: Department of Toxic Substances Control The Site includes the 3.7 acre property at 3000 East Imperial Highway, Lynwood of which the majority is paved with asphalt and concrete and used for temporary parking. With the exception of a water tower, there are no buildings or structures on this property. The remaining 0.5 acre includes the subsurface of mixed commercial/industrial and residential properties that have been contaminated by the releases of hazardous substances from the 3000 East Imperial property. The proposed project Site is located in southern Los Angeles County, in the City of Lynwood. The Site is located in a highly urbanized and developed region of Los Angeles County. The project Site is currently occupied with surface parking and a water tower. The terrain of the project Site and the surrounding area is generally flat. The project Site does not contain any natural landforms, water forms, or rock outcroppings. Vegetation is limited to ornamental trees adjacent to the project Site. , Views of the project Site and from the project Site are limited to the immediate area due to surrounding development and roadways. The immediate land uses include East Imperial Highway and commercial uses to the north, commercial and residential uses to the northeast, Beechwood Avenue and commercial and residential uses to the south, an auto body business and single family home to the west, and State Street and the Plaza Mexico Shopping Center to the east of the Site. Additionally, the 1-105 freeway is located approximately one-quarter mile south of the Site. The only potential sensitive viewers in the vicinity of the project Site are the residences immediately adjacent to the project Site. Analysis as to whether or not project activities would: a. Have a substantial adverse effect on a scenic vista. Impact Analysis: No Impact. The proposed project construction and processes associated with the Remedial Action Plan and Response Plan would not have a substantial effect on a scenic vista, because the project site and surrounding areas are not located in a scenic vista. Additionally, overall views from surrounding areas would not be significantly impacted due to the existing surrounding development which currently obscures or limits views to and from the project Site. The proposed remedial actions would take place in a highly urbanized area characterized by land uses of mixed commercial/industrial and residential neighborhoods. The Site was previously developed and the proposed project activities are temporary in nature and would not change the existing visual character of the Site or the surrounding area. Therefore, the proposed remedial activities would have no impact on scenic vistas. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings and historic buildings within a state scenic highway. Impact Analysis: No Impact. The proposed project Site is not located near a state scenic highway. The California Scenic Highways Mapping System does not designate any scenic highways within the vicinity of the project area or within the City boundaries. Additionally, there are no scenic resources on the project Site. The proposed remedial activities would not damage scenic resources within a state scenic highway. Therefore, there would be no impact on scenic resources as a result of the proposed project. Conclusion: DTSC 1324 (08/09/2007) State of California — California Environmental Protection Agency Department of Toxic Substances Control ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact c. Substantially degrade the existing visual character or quality of the site and its surroundings. Impact Analysis: No Impact. The proposed project Site is located in an already highly developed and urbanized area. The existing land uses in the area include mixed commercial/industrial development and residential neighborhoods. Since the existing overall visual character of the project area is highly developed and as the project Site does not contain any scenic resources, the proposed project and remedial actions are not expected to substantially degrade the existing visual character or quality of the site and its surroundings. The remediation facilities would be temporary in nature, and would not change the existing visual character of the site. Therefore, the proposed project would have no impact on the visual character of the Site. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact d. Create a new source of substantial light of glare that would adversely affect day or nighttime views in the area. Impact Analysis: Less Than Significant Impact. The proposed project may include temporary lighting associated with Site security, or remediation activities, which would create a new source of light or glare. The proposed Site remedial activities would occur within the boundaries of the existing Site, and are not expected to create a substantial new source of light or glare. Any new source of light would be restricted to the remediation area; therefore, project lighting would not contribute to significant light or glare pollution. Any new source of lighting associated with the project would be consistent with the City's ordinance for parking lot lighting (City Code 25-65-8), which states that "Lighting of outdoor parking areas shall be designed and maintained in a manner to prevent glare or direct illumination from intruding into any areas outside the parking lot." Use of project lighting would be minimal, and shall comply with the City's lighting ordinance. Therefore, the proposed project activities are not expected to create a new source of substantial light or glare, and impacts would be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact References Used. Caltrans, California Scenic Highway Mapping System, 2007, htto://www.dot.ca.gov/hq/LandArch/scenic highways/index.htm, accessed 11/5/2009. Lynwood, City Code, May 6, 2009, httr)://www.sterlingcodifiers.com/CA/Lvnwood/index.htm, accessed 11/5/2009. 2. Agricultural Resources Project Activities Likely to Create an Impact: None Description of Baseline Environmental Conditions: The project Site is located in the developed and highly urbanized City of Lynwood. Lynwood is a built out community, with minimal areas of vacant land. The majority of the remaining vacant land is a result of remnant parcels from right-of-way acquisitions, and sparsely located residential and commercial lots. The project Site is located in a mixed commercial/industrial and residential neighborhood. The project Site is currently occupied with surface parking and a water tower. The most recent former use at the project Site was a furniture manufacturing facility. While dairy facilities existed in the City of Lynwood in the early 1900's, the proposed Site is not and historically has not been used for agricultural operations, and current soil contamination makes the Site unsuitable for such operations. Following successful remediation of the Site's contaminants, the Site is expected to eventually be developed and support land uses such as mixed-use residential/commercial. The project Site is zoned for Manufacturing and is surrounded by Heavy Commercial, Multi -family Residential, and Controlled Business Zones. The project site is located in a highly developed and urbanized area that would not support agricultural operations. No timberland resources are located within the project Site. Further analysis of project activities is not deemed necessary. DTSC 1324 (08/09/2007) State of California — California Environmental Protection Agency Analysis as to whether or not project activities would: Department of Toxic Substances Control a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use. Impact Analysis: No Impact. The project Site is and the City of Lynwood is designated as Urban and Built -Up Land. This designation is defined as "urban and built-up land is occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10 -acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, and water control structure." There is no land near the project Site designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as defined by the California Department of Conservation. Additionally, the proposed project would not be located in the immediate vicinity of any agricultural operations, and would not have any effect on farmlands or agricultural operations. No impact would occur as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact b. Conflict with existing zoning or agriculture use, or Williamson Act contract. Impact Analysis: No Impact. As discussed above, the proposed project Site is not located on or in proximity to agricultural land uses. The Site is located in a highly urbanized and developed area, and is zoned for Manufacturing. Therefore, the proposed project would not conflict with existing zoning or agriculture use, or lands under a Williamson Act contract; therefore, no impact would result from implementation of the proposed remedial operations. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural uses. Impact Analysis: No Impact. As discussed above, the proposed project Site is not located on or in close proximity to lands zoned for agricultural uses. The proposed project would not involve changes in the existing environment that would result in conversation of Farmland to non-agricultural uses. Therefore, no impact would result from implementation of the proposed remedial operations. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used.- City sed.City of Lynwood, 2006-2014 Housing Element, HCD Review Draft, January 21, 2009. City of Lynwood, Zoning Map, revised September 1994, http://www.lynwood.ca.us/documents/pdf/Zoning map.pdf, accessed 11/5/2009. City of Lynwood website, http://www.lynwood.ca.us/about/about history.htm, accessed 11/5/2009. California Department of Conservation, Division of Land Resource Protection, Important Farmland In California, 2006, The Farmland Mapping and Monitoring Program, FMMP Survey Cycle Year 2006 Data, Map Published March 2009, ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/statewide/2006/fmmp2006 wallsize.pdf, accessed 11/6/2009. 3. Air -Quality DTSC 1324 (08/09/2007) State of California - California Environmental Protection Agency Department of Toxic Substances Control Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: California is divided into 15 air basins based on meteorological and geographical similarity. The proposed project site is located in the City of Lynwood, within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is the local agency responsible for the administration and enforcement of air quality regulations for the Basin. The SCAB exhibits a distinctive climate due to its unique terrain and geographic location, which incorporates approximately 12,000 square miles within four counties - all of Orange County, most of Los Angeles and Riverside Counties, and the western portion of San Bernardino County. The SCAB is a coastal plain with broad valleys and low hills and is bounded by the Pacific Ocean from the southwest and by the San Gabriel, San Bernardino, and San Jacinto Mountains from the northeast. The project site is located in a region that is surrounded by the Sierra Pelona Mountains on the north and the Santa Susana and San Gabriel Mountains to the south, east, and west, and the climate varies from very hot summers to cold winters, with mild temperatures throughout the year. The area experiences typical daily wind patterns for valley/mountain areas. Air quality within the SCAB is some of the worst in the United States. The SCAB has the highest recorded concentrations of ozone, carbon monoxide (CO), nitrogen dioxide (NOA and particulate matters (PM10 and PM2.5). The extent and severity of the air pollution is a function of the area's natural physical characteristics (weather and topography), as well as man-made influences (development patterns and lifestyle). Factors such as wind, sunlight, temperature, humidity, rainfall, and topography all affect the accumulation and/or dispersion of pollutants throughout the SCAB. Both the USEPA and California Air Resources Board (CARB) have established ambient air quality standards for outdoor concentrations of specific pollutants, referred to as "criteria pollutants", in order to protect public health. The national and State ambient air quality standards have been set at concentration levels to protect the most sensitive persons from illness or discomfort; these levels are given with a margin of safety. The criteria pollutants for which federal standards have been promulgated and that are most relevant to this air quality impact analysis are ozone, CO, NO2, PM10, and PM2.5. Respirable particulate matter with an aerodynamic diameter of 10 micrometers or less is referred to as PM10. PM2.5, also called fine particulate matter, is a subgroup of PM10 that consists of smaller particles that have an aerodynamic diameter of 2.5 micrometers or less. Ozone is a gas that is formed when volatile organic compounds (VOCs) and nitrogen oxides (NOx)—both byproducts of internal combustion engine exhaust—undergo slow photochemical reactions in the presence of sunlight. Thus, VOCs and NOx are ozone precursors. Project activities must comply with SCAQMD Rule 203 (Permit to Operate the SVE equipment), Rule 403 (Fugitive Dust during construction activities), and Rule 1166 (Volatile Organic Compound Emissions from Decontamination of Soil).Analysis as to whether or not project activities would: a. Conflict with or obstruct implementation of the applicable air quality plan. Impact Analysis: Less Than Significant Impact. The proposed project would not result in construction activities and population and/or employment growth that exceeds the growth estimates included in the applicable air quality plan, which is the 2007 Air Quality Management Plan (AQMP) and would therefore be consistent with air quality plans. The remediation project would last approximately 12 to 48 months, and would require no more than 10 full-time and/or part-time workers. These employees would construct the proposed remedial facilities, excavate, haul, and process soils, and generally oversee operations at the Site. Although the majority of the project will not require personnel on- site daily, the maximum anticipated number of workers anticipated to be on-site during the project was evaluated as a conservative estimate of potential impacts. Employment growth projections developed by the Southern California Association of Governments (SCAG) are used in the development of the SCAQMD's AQMP. The most recent AQMP included anticipated growth through the year 2030 in the emission inventory. The AQMP estimates that the labor force within the air basin will increase from 6.2 million in 2010 to 8.0 million in 2020. Employment growth generated by the proposed project would be minor and temporary, and it would not exceed the employment growth estimates used to develop the AQMP. The minor increase in workforce spurred by the proposed project would be consistent with the General Plan and the 2007 AQMP, and the potential impacts associated with implementation of remedial activities would be less than significant. Therefore, the proposed remedial activities at the project Site would not generate or exceed state and local air quality regulations. DTSC 1324 (08/09/2007) State of California — California Environmental Protection Agency Department of Toxic Substances Control Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation. Impact Analysis: Less Than Significant Impact. The proposed project Site is located within the SCAB, which is a severe non -attainment area for ozone, a serious non -attainment area for PM10, and a non -attainment area for PM2.5- The SCAB is also a maintenance area for CO and NO2 and is in attainment for sulfur dioxide (SOA In determining the effect a project would have on attainment and maintenance of air quality standards within the SCAB, the SCAQMD has established thresholds of significance for these and other (i.e., VOCs) criteria pollutants (See Table 3 below). A significant impact would occur if the proposed project results in substantial emissions during construction or operation, which would exceed the established thresholds. The construction (i.e., the installation of remediation system) and operational air quality analyses were conducted for the proposed project to determine remediation system -related emissions using the Transportation and Land Use Programs Computer Model URBEMIS2007 version 9.2.4 model (Rimpo and Associates 2007). The analysis estimates construction emissions from excavation and soil processing activities, and exhaust from construction equipment: 1 drill rigs, 1 trencher, 1 backhoe, 1 loader, 1 water truck, 1 haul trucks (off -Site hauling), and 5 worker vehicles. Construction -related emissions would primarily be (1) dust generated from earthmoving, excavation, and other remediation activities, (2) hydrocarbon emissions from soil vapor extraction system, (3) exhaust emissions from powered construction equipment, and (4) motor vehicle emissions associated with construction equipment, worker commute, and hauling activities. Emission levels for construction activities vary with the type of equipment, duration of use, operation schedules, and the number of construction workers. URBEMIS2007 has built in defaults for types of equipment and for various types of land uses. During the installation and operation of the remediation system, the Proposed Project would be subject to SCAQMD Rule 403 (Fugitive Dust). SCAQMD Rule 403 identifies two sets of specific measures: one for high wind conditions and the other for more normal wind conditions. When wind gusts exceed 25 miles per hour, neither the sampling requirement nor the general requirement applies, so long as the SCAQMD Rule 403 measures for high wind conditions are implemented and appropriately documented. During normal wind conditions (i.e., with wind gusts less than 25 miles per hour), the sampling requirement does not apply so long as the SCAQMD Rule 403 measures are implemented and appropriately documented. As required by SCAQMD Rule 403—Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of Proposed Project development to reduce the amount of particulate matter entrained in the ambient air. These dust control measures include the following: • Limiting the amount of area disturbed during site grading to 2 acres per day or less • Application of soil stabilizers to inactive construction areas • Quick replacement of ground cover in disturbed areas • Watering of exposed surfaces three times daily • Watering of all unpaved haul roads three times daily • Covering all stock piles with tarp • Reduction of vehicle speed on unpaved roads • Post signs on site, limiting traffic to 15 miles per hour or less • Sweep streets adjacent to the Proposed Project site at the end of the day if visible soil material is carried over to adjacent roads • Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the surrounding areas • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip Table 3-1 identifies the Proposed Project emissions anticipated during the installation and operation of the remediation system. Each pollutant has a specific threshold, established by the SCAQMD for daily emissions during construction. Data presented in Table 3-1 assumes implementation of all available Best Management Practices DTSC 1324 (08/09/2007) 10 State of California — California Environmental Protection Agency Department of Toxic Substances Control (BMPs). Reduction credits used in the analysis include dust control measures in accordance with SCAQMD Rule 403 Fugitive Dust. As shown below, daily construction emissions would not exceed SCAQMD significance thresholds. Table 3-1 Project Construction & Operational Emissions 'Rule 403 includes watering daily 3 times. Operational emissions can be divided into two categories (stationary and mobile). The operation of the soil vapor extraction (SVE) system is considered a stationary source and the staff vehicle trips are considered a mobile source. A typical SVE system consists of vapor extraction wells, a vacuum blower or a pump, air/water separator, and a vapor treatment system. Removal of VOCs and petroleum hydrocarbons by SVE involves creating a vacuum at the extraction wells. Air in the surrounding soil containing the contaminated vapors then rushes to fill the vacuum, which is then extracted and treated before being released to the atmosphere. Granulated activated carbon (GAC) and thermal or catalytic oxidation are the most commonly used vapor treatment technologies for VOCs. As described in the Project description, an SCAQMD-permit under Rule 203 and Rule 1166 would be required for the SVE portion of the remedial activities. The permit would limit the treated system effluent (i.e., from very low levels to zero residual VOC emissions) to be discharged into the atmosphere at the end of the SVE process. The power supply for the City of Lynwood and therefore the SVE system would come from Southern California Edison's regional electrical grid system. The electrical energy demand projected for the SVE system would occur off- site at electrical power generating plants assumed to be within the SCAB. Power plant emission factors assume continued availability and an average amount of hydroelectricity per year. Stationary -source emissions generally contribute an insignificant amount to total operational emissions when compared to mobile -source emissions, which would be the largest source of pollutants resulting from implementation of the Proposed Project. Mobile source emissions would include staff personal vehicle and haul truck trips. Operational vehicle emissions generated by the Proposed Project were estimated using URBEMIS 2007 (version 9.2.4). Total operational emissions are presented in Table 3-1. As shown, total operational emissions would not exceed the thresholds established by the SCAQMD. Results of the analysis indicate that project -related emissions from these worker vehicle trips and from project operational activities would not exceed the established SCAQMD thresholds for criteria pollutants. As such, the Proposed Project would not result in a violation of air quality standards or substantially contribute to existing or projected air quality violations; therefore, the impact would be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact c. Result in cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). DTSC 1324 (08/09/2007) 11 vac: Nox ca -SO2 PMtin, PM2.5'_ Construction (Installation of SVE in 6 50 21 < 1 2.26 2.07 lbs/day) SCAQMD Construction 75 100 550 150 150 55 Thresholds (lbs/day) Significant Impact? No No No No No No Operation (Remedial Activities in .17 1.42 0.80 - 0.05 0.05 lbs/day) SCAQMD Operation 55 55 550 150 150 55 Thresholds (lbs/day) Significant Impact? No No No No No No 'Rule 403 includes watering daily 3 times. Operational emissions can be divided into two categories (stationary and mobile). The operation of the soil vapor extraction (SVE) system is considered a stationary source and the staff vehicle trips are considered a mobile source. A typical SVE system consists of vapor extraction wells, a vacuum blower or a pump, air/water separator, and a vapor treatment system. Removal of VOCs and petroleum hydrocarbons by SVE involves creating a vacuum at the extraction wells. Air in the surrounding soil containing the contaminated vapors then rushes to fill the vacuum, which is then extracted and treated before being released to the atmosphere. Granulated activated carbon (GAC) and thermal or catalytic oxidation are the most commonly used vapor treatment technologies for VOCs. As described in the Project description, an SCAQMD-permit under Rule 203 and Rule 1166 would be required for the SVE portion of the remedial activities. The permit would limit the treated system effluent (i.e., from very low levels to zero residual VOC emissions) to be discharged into the atmosphere at the end of the SVE process. The power supply for the City of Lynwood and therefore the SVE system would come from Southern California Edison's regional electrical grid system. The electrical energy demand projected for the SVE system would occur off- site at electrical power generating plants assumed to be within the SCAB. Power plant emission factors assume continued availability and an average amount of hydroelectricity per year. Stationary -source emissions generally contribute an insignificant amount to total operational emissions when compared to mobile -source emissions, which would be the largest source of pollutants resulting from implementation of the Proposed Project. Mobile source emissions would include staff personal vehicle and haul truck trips. Operational vehicle emissions generated by the Proposed Project were estimated using URBEMIS 2007 (version 9.2.4). Total operational emissions are presented in Table 3-1. As shown, total operational emissions would not exceed the thresholds established by the SCAQMD. Results of the analysis indicate that project -related emissions from these worker vehicle trips and from project operational activities would not exceed the established SCAQMD thresholds for criteria pollutants. As such, the Proposed Project would not result in a violation of air quality standards or substantially contribute to existing or projected air quality violations; therefore, the impact would be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact c. Result in cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). DTSC 1324 (08/09/2007) 11 State of California - California Environmental Protection Agency Department of Toxic Substances Control Impact Analysis: Less Than Significant Impact. As indicated in Section 3 (b) above, the Proposed Project would not exceed established thresholds for criteria pollutants during construction and would not cause or contribute to local or regional air quality impacts during operation. Therefore, net increases of emissions generated by the Project are not considered to substantially exacerbate a violation of air quality standards or significantly contribute to a cumulative air quality impacts, and the impact is less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact d. Expose sensitive receptors to substantial pollutant concentrations. Impact Analysis: Less Than Significant Impact. Sensitive receptors include single-family and multi -family residences located to the west, south of Beechwood Avenue, and northeast of State Street from the Proposed Project site. The nearest receptor locations are approximately 50 feet from the Proposed Project site to the west. The second level of significance set forth in the SCAQMD's significance thresholds presents quantitative emissions thresholds by which to evaluate whether a project's impacts would have a significant impact on localized air quality. The SCAQMD has adopted its- Localized Significance Threshold (LST) methodology, which provides guidance for evaluating the significance of impacts associated with construction and operation using a dispersion model -based approach. The LST methodology is based on dispersion modeling used to back -calculate the emissions that would result in an exceedance of an air quality standard. LSTs provide area -specific emission thresholds above which a project could have a significant adverse impact on the ambient air quality. The Proposed Project site is located in Source -Receptor Area 4, the South Coastal LA County area. Table 3-2 presents the projected on-site emissions and LSTs for projects covering 5 -acres or less within South Coastal LA County area. TABLE 3-2 PROJECTED ON-SITE EMISSIONS WITH RULE 403 MITIGATION (LBS/DAY) Source ROG ; NOx c0 sox PM10 PM2.5 Site Grading 0.00 0.00 0.00 0.00 3.12 0.65 Off -Road Diesel 3.93 32.83 14.19 0.00 0.25 0.23 On -Road Diesel 0.02 0.29 0.11 0.00 0.01 0.01 Worker Trips 0.05 0.10 1.63 0.00 0.01 0.01 Maximum Daily, Emissions, 4.00 33.21 15.94 0.00 3.39 0.90 LST Threshold -- 99 1,503 -- 14 8 Exceeds Threshold? -- No No -- No No As shown in Table 3-2, the emissions associated with the remediation system would be below the significance thresholds and LSTs. The Proposed Project would not result in a violation of air quality standards or substantially contribute to existing or projected air quality violations during construction or operation. As such, the Project is not expected to expose sensitive receptors, including nearby residences, to substantial pollutant concentrations. Therefore, impacts from implementation of the Proposed Project would be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact e. Create objectionable odors affecting a substantial number of people. DTSC 1324 (08/09/2007) 12 State of California — California Environmental Protection Agency Department of Toxic Substances Control Impact Analysis: Less Than Significant Impact. During project activities, sources of odor are VOCs from SVE activities and excavation of VOC impacted soil. However, these odors would be temporary and localized. Nonetheless, applicable best management practices (BMPs) such as those in SCAQMD Rule 203 (Soil Vapor Extraction) and Rule 1166 (Volatile Organic Compound Emissions from Decontamination of Soil), including but not necessarily limited to vapor phase granular activated carbon and placing excavated soil in sealed containers, would, in addition to minimizing air quality impacts, also help minimize potential odors. Therefore, impacts resulting from project -related odors are anticipated to be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact f. Result in human exposure to Naturally Occurring Asbestos (see also Geology and Soils, f.). Impact Analysis: No Impact. Naturally occurring asbestos (NOA) is present in approximately 44 of California's 58 counties. Asbestos is often found in serpentine rock and ultramafic rock near fault zones. Asbestos is a human health hazard when airborne. Asbestos fibers can be inhaled into lungs, causing inflammation and respiratory ailments and cancers. A General Location Guide for Ultramafic Rock in California (California Department of Conservation 2000) indicates that there is no naturally occurring asbestos located near or in the project area. Therefore, there is no impact would result from the naturally occurring asbestos. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used: California Air Resources Board (CARB) 2008. Climate Change Proposed Scoping Plan. California Air Pollution Control Officers Association (CAPCOA). 2008. CEQA & Climate Change, Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act. January. California Department of Conservation. 2000. A General Location Guide for Ultramafic Rock in California. South Coast Air Quality Management District. (SCAQMD) 2009. Air Quality Significance Thresholds. March. South Coast Air Quality Management District. (SCAQMD) 2007. Final 2007 Air Quality Management Plan, June. South Coast Air Quality Management District (SCAQMD) 2005. Final Localized Significance Threshold Methodology. June. South Coast Air Quality Management District (SCAQMD) 1993. CEQA Air Quality Handbook. April. 4. Biological Resources' ` Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: The Site includes the 3.7 acre property at 3000 East Imperial Highway, Lynwood of which the majority is paved with asphalt and concrete and used for temporary parking. With the exception of a water tower, there are no buildings or structures on this property. The remaining 0.5 acre includes the subsurface of mixed commercial/industrial and residential properties that have been contaminated by the releases of hazardous substances from the 3000 East Imperial property. The proposed project Site is located is the highly developed and urbanized City of Lynwood. The project Site is zoned for Manufacturing and is surrounded Heavy Commercial, Multi -family Residential, and Controlled Business Zones. No lands classified as open space, or containing biological resources, are located in the vicinity of the proposed project Site. The project Site is not located in any of the County of Los Angeles Significant Ecological Areas (SEA). The land in the area is DTSC 1324 (08/09/2007) 13 State of California — California Environmental Protection Agency Department of Toxic Substances Control paved, developed, or previously disturbed (Please refer to vicinity map on page 5). On March 28, 2011 a literature search of the California Fish and Game's (CDFG) California Natural Diversity Database (CNDDB) for sensitive species was performed to determine what sensitive species have been recorded in the project Site area. No sensitive plant and wildlife species were recorded in the project area. Analysis as to whether or not project activities would: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Impact Analysis: No Impact. As noted above, the proposed project Site is located in a highly developed region not known to have any sensitive or special status species. The 4.2 -acre Site was previously developed, and the site is currently occupied by surface parking and a water tower. Due to the highly developed nature of the area, the proposed project would not have a substantial adverse effect on any specific identified as a candidate, sensitive, or special status species in local region plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Therefore, there will be no impact as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Impact Analysis: No Impact. As noted above, the proposed project Site is located in a highly developed and urbanized area. No surface water bodies are located in the vicinity of the proposed project Site. Due to the highly developed nature of the area, the proposed project is not expected to have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Therefore, there will be no impact as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Impact Analysis: No Impact. As noted above, the proposed project Site is located in a highly developed and urbanized area. No surface water bodies, including a marsh, vernal pool, or coastal wetland, are located in the vicinity of the proposed project Site. Due to the highly developed nature of the area, the proposed project is not expected to have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means. Therefore, there will be no impact as.a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. DTSC 1324 (08/09/2007) 14 State of California — California Environmental Protection Agency Department of Toxic Substances Control Impact Analysis: No Impact. As noted above, the proposed project Site is located in a highly developed and urbanized area. No surface water bodies are located in the vicinity of the proposed project Site. Due to the highly developed nature of the area, the proposed project is not expected to interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Therefore, there will be no impact as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact e. Conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Impact Analysis: No Impact. The proposed project Site is located in a highly developed and urbanized area that is not known to contain any sensitive biological resources. No trees are expected to be removed as a result of the proposed project. Due to the highly developed nature of the area, the proposed project is not expected to conflict with local policies or ordinances protecting biological resources. Therefore, there will be no impact as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Impact Analysis: No Impact. The project Site is not located within a Los Angeles County designated SEA. The proposed project Site is not located near any areas with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Due to the highly developed nature of the area, the proposed project is not expected to conflict with any habitat conservation plans. Therefore, there will be no impact as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used. - California Natural Diversity Data Base (CNDDB), USGS 7.5 -minute quadrangle: South Gate and Inglewood. City of Lynwood, Zoning Map, revised September 1994, http://www.lynwood.ca.us/documents/pdf/Zoning map.pdf, accessed 11/5/2009. County of Los Angeles, 2008 Draft General Plan Conservation and Open Space Element. 5. Cultural, Resources Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: DTSC 1324 (08/09/2007) 15 State of California — California Environmental Protection Agency Department of Toxic Substances Control Cultural resources include archaeological and paleontological artifacts, including human remains, geologic features, historical buildings and structures, and Native American remains and artifacts. CEQA defines cultural resources as: Impacts to cultural resources include physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of a historical resource would be materially impaired. Chambers Group, Inc. conducted a California Historical Resources Information System (CHRIS) records search of the Proposed Project site at the South Central Coastal Information Center (SCCIC) located at California State University, Fullerton on November 5, 2010. The purpose of the CHRIS records search was to establish the existing conditions of the Project Area relative to cultural resources by determining if any previously recorded cultural resources are known to exist within or immediately adjacent to the project area and alternatives. In addition to the archaeological inventory records and reports, an examination was made of historic maps, the National Register of Historic Places (NRNP), the California Register of Historical Resources (CRHR), and the listing of California Historical Landmarks. The records search also revealed the nature and extent of any cultural resources work previously conducted within or adjacent to the proposed project location and alternatives. The USGS South Gate 7.5 Minute topographic quadrangle was reviewed to determine if any cultural resources investigations have been conducted on or within a one -mile radius of the subject property and if any recorded historic or archaeological sites were recorded within a one -mile radius of the property. The results of the topographic map review show that one cultural resource investigation has been conducted within a one - mile radius of the subject property (Rosen 1975). That investigation was an evaluation of the archaeological resources and potential impact of proposed construction of the 105 Freeway. The report maps show the survey appeared to abut the southern boundary of the property, but it is unclear from the map quality if any of the subject property was included in the survey. The report identifies the Lynwood Pacific Electric Railroad Depot, approximately % mile east of the subject property, as being of historic significance. The Depot is on the list of California Historic Landmarks and is listed on the National Register of Historic Places. No other historic or archaeological resources were recorded within a one -mile radius of the subject property during that investigation. The topographic maps show that four archaeological and one historic site have been recorded within a one -mile radius of the subject property: ■ LAN -385 - This is a prehistoric archaeological site located approximately % mile west of the subject property. The site was recorded in 1969 and consists of the remains of a cooking fire containing burned rocks and deer bone and shellfish. The site was purportedly excavated in 1969 but no further documentation of that was available at SCCIC. ■ 19-186641 - This is a tall water tank dating to 1955. The site is immediately east of LAN -385 across the railroad tracks. The water tank was found ineligible for the National Register of Historic Places in 2001. The disposition of the water tank is presently unknown. ■ 19-002757 - This prehistoric archaeological site is approximately'/ mile southwest of the subject property. This is the site of a prehistoric human burial discovered during trenching for utility relocation for the Alameda Corridor Project in 1999. The remains and associated artifacts were removed at that time and re -interred elsewhere. ■ LAN -2792 - This prehistoric archaeological site is approximately % miles southwest of the subject property. This is also the site of a prehistoric human burial with cultural remains associated with a village site found during trenching for the Alameda Corridor Project. The remains and associated artifacts were removed at that time and re -interred elsewhere. The disposition of any remaining site constituents is presently unknown. ■ LAN -2848 - This is an historic refuse deposit discovered in 2000 during the Alameda Corridor Project. The deposit contained brick, glass, metal, and animal bone. Much of the site was destroyed during construction of the corridor although portions may have survived outside the right-of-way for the corridor. Directory of California Historic Landmarks In addition to the historic Depot mentioned previously, two additional California Historic Landmarks are located within a one -mile radius of the subject property. These are the Watts Station and the Watts Towers of Simon Rodia. Both sites are at about one mile west of the subject property. Historic Propertv Data File The California Office of Historic Preservation maintains a Historic Property Data File. The file lists historic properties, residences and other structures that have been determined eligible for the National Register of Historic Places, the California Register of Historic Properties, and similar listings. The following historic buildings have been identified within a % mile radius of the subject property: DTSC 1324 (08/09/2007) 16 State of California — California Environmental Protection Agency Department of Toxic Substances Control ■ 3572 Beechwood Avenue OHP #152823 (1923 Residence) In summary, the SCCIC records search and literature review shows that the subject property has never undergone an historic or an archaeological survey. At present, there are no identified historic resources on the subject property. Analysis as to whether or not project activities would: a. Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5. Impact Analysis: Less than Significant Impact. Since no building(s) 45 years or older would be affected by the project, it is not necessary to assess or evaluate nearby structures for potential historical significance. All construction work would be contained within the project Site and impacts generally would not occur and impacts would therefore be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ® No Impact b. Cause a substantial adverse change in the significance of an archeological resource pursuant to 15064.5. Impact Analysis: Less than Significant Impact. The project Site has been disturbed by previous site development and manufacturing operations and demolition of buildings previously occupying the project Site. No previous archeological resources have been discovered or unearthed on the project Site. However, archaeological sites have been found in the project vicinity specifically, making it possible that archaeological evidence may be uncovered during earth moving and/or excavation activities. Given the disturbed nature of the Site, and the proposed depth of excavation will generally be into previously disturbed soil at the Site, the potential for uncovering intact archeological resources is extremely low. However, precautions will be taken for any construction activities that occur in native soils. During construction, the contractor would follow the uniform practices used for remediation projects. In the event that archaeological resources are encountered during the course of construction activities, work in the immediate vicinity shall be suspended until the archaeologist and/or Native American monitor assess the discovery and appropriate treatment is determined. Any culturally significant materials, field notes, reports, or photographs shall be deposited in a museum, archeological repository, or with the appropriate Native American tribe. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Impact Analysis: Less than Significant Impact. As discussed in Section 5 (b) above, project Site has been previously disturbed by site development, manufacturing operations, and demolition of buildings previously occupying the project Site and therefore, the potential for uncovering intact paleontological resources is extremely low. However, in the event that such resources are found 'during construction activities, all work shall cease within the vicinity of the find until the paleontological resources are properly assessed and a qualified paleontologist determines subsequent recommendations. Therefore, potential impacts resulting from disturbance of paleontological resources would be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact d. Disturb any human remains, including those interred outside of formal cemeteries. DTSC 1324 (08/09/2007) 17 State of California — California Environmental Protection Agency Department of Toxic Substances Control Impact Analysis: Less than Significant Impact. The project Site is located in an unoccupied area that has been disturbed by intense manufacturing activities, and more recently by remediation efforts. No known burial Sites are located within the project Site as indicated by the NAHC Sacred Lands File search results. Although encountering human remains during the proposed project implementation is considered extremely unlikely, in the event remains are encountered during construction activities, work would be temporarily diverted from the vicinity of the find until the coroner is notified in accordance with Health and Safety Code Section 7050.5. If the remains were then determined to be of Native American descent, the coroner would have 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC would identify the person(s) thought to be the Most Likely Descendent, who would then help determine the appropriate course of action. Therefore, potential impacts due to the proposed project would be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact References Used. - Chambers Group, Cultural Resources Records Search for 4.2 Acres at 3000 E. Imperial Highway, Lynwood, California. 11/5/2009. Rosen, Marti Dean, 1975, Evaluation of the Archaeological Resources and Potential Impact of the Proposed Construction of Route 105 Freeway from EI Segundo to Norwalk, Institute of Archaeology, Archaeological Survey, University of California, Los Angeles, California. Manuscript LA -78 on file at the South Central Coastal Information Center, California State University, Fullerton, California. 6.. Geology and Soils Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: The Site includes the 3.7 acre property at 3000 East Imperial Highway, Lynwood of which the majority is paved with asphalt and concrete and used for temporary parking. With the exception of a water tower, there are no buildings or structures on this property. The remaining 0.5 acre includes the subsurface of mixed commercial/industrial and residential properties that have been contaminated by the releases of hazardous substances from the 3000 East Imperial property. According to Site investigation reports, including the Supplemental Site Investigation and Phase I reports there are no unstable formations. The following are the soil descriptions related to the site: On-site and Off -Site Areas North of the 1-105 Freeway: Soil types observed during the investigation varied across the northern investigation areas and with depth consisting generally of clayey and sandy silt with interbedded layers of sand and silty sand observed to approximately 10 feet bgs with fine sands, silt, silty sand and minor clay layers occurring between approximately 10 feet bgs and 25 feet bgs. Between approximately 25 and 60 feet bgs, sandy silt, silty sand and interbedded layers of clay is generally observed. Sand and silty sand layers are encountered below 60 feet bgs to at least 70 feet bgs. South of 1-105 Freeway: Soil types observed during investigations south of the 1-105 Freeway varied with depth with generally fine sand and sandy silt observed to approximately 10 feet bgs with silt to clayey silt and some sand with silt occurring between approximately 10 feet bgs and 25 feet bgs. Between approximately 25 and 47 feet bgs, sandy silt, silty sand and interbedded layers of clay is generally observed. More defining silt to clay layer is observed between approximately 47 and 54 feet bgs, which are underlain by silty sand and interbedded layers of silt and clay to 70 feet. Analysis as to whether or not project activities would: DTSC 1324 (08/09/2007) 18 State of California — California Environmental Protection Agency Department of Toxic Substances Control a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ❖ Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. (Refer to Division of Mines and Geology Special Publication 42). ❖ Strong seismic ground shaking. ❖ Seismic -related ground failure, including liquefaction. ❖ Landslides. Impact Analysis: Less Than Significant Impact. The site is located north of the Newport -Inglewood fault zone. However the city of Lynwood is not on the USGS list of affected cities and has no State of California Earthquake Fault Zone/Alquist-Priolo zone map available. Since the Site is in earthquake -prone California and located north of the Newport -Inglewood fault zone it may be susceptible to ground shaking emanating from causative faults during an earthquake. Construction and excavation activities would be in accordance with applicable building and seismic code requirements and therefore there is a less than significant chance for impact The Site is located in an area mapped as potentially susceptible to liquefaction. The potential for liquefaction depends on the magnitude of ground shaking, groundwater conditions, the relative density of the soils, and the age of Site- specific geologic units. The area where the Site is located does not contain areas considered to be potentially susceptible to landslides, and since the topography at the Site is relatively flat with an asphalt and concrete cover the proposed remedial efforts will not be located in areas that are potentially susceptible to landslides. The proposed remediation activities would not include the construction of any permanent structures or structures that would be used for human occupancy. Therefore, the proposed project would not result in the exposure of people or structures to potential significant effects from liquefaction and landslide associated hazards, and the impact is anticipated to be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact b. Result in substantial soil erosion or the loss of topsoil. Impact Analysis: Less Than, Significant Impact. Minimal, short-term erosion impacts could occur during Site preparation and construction activities at the Site (discussed in the introduction). During trenching and other Site preparation activities, unearthed and exposed soil could potentially cause temporary erosion impacts. Fugitive dust, including volatile organic compound emissions from decontamination of soil, would be controlled in compliance and implementation of South Coast Air Quality Management District Rules 403 and 1166. In the event of heavy precipitation, exposed soils could also run off the Site into public right-of-ways and/or storm drainage systems. However, Site preparation would be conducted according to local and Site BMP codes and regulations for erosion control, grading, and soil remediation. Therefore, potential impacts associated with erosion would be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off -Site landslide, lateral spreading, subsidence, liquefaction or collapse. DTSC 1324 (08/09/2007) 19 State of California — California Environmental Protection Agency Department of Toxic Substances Control Impact Analysis: Less Than Significant Impact. The project Site is not located in an area that is considered to have unstable soil or related hazards; therefore, no impacts would be anticipated to occur. As described above, the Site is located in an area considered to be susceptible to seismically -induced liquefaction hazards. However, all construction and excavation activities would be conducted in compliance with all relevant building and safety standards, therefore, the potential impacts associated with potential landslides, lateral spreading, subsidence, liquefaction or collapse would be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. Impact Analysis: No Impact. According to Site investigation reports, including the Supplemental Site Investigation and Phase I reports there are no unstable formations in the vicinity of the Site. However, the project Site is underlain by geologically recent alluvium composed of interbedded sand, silt, and clay. Clays have the potential for expansion and may shrink and swell with changes in moisture content, thereby potentially compromising the structural integrity of buildings/above-ground structures and their foundations. Proposed remedial activities are limited to minimal surface excavation and trenching and would not involve the construction of permanent structures. Therefore, no impact would be anticipated with the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of water. Impact Analysis: No Impact. The Site and proposed remedial activities do not include the use of wastewater or sewage disposal systems. The Site is currently not be served by septic tanks or other alternative disposal systems and is not expected to change during the proposed remedial activities. Therefore, no impacts are anticipated. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact f. Be located in an area containing naturally occurring asbestos (see also Air Quality, f.). Impact Analysis: No Impact. The proposed Site is not located in an area containing naturally occurring asbestos, therefore, no impacts would occur. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used. Brown and Caldwell, 2006. K&K Phase I Report. Brown and Caldwell, 2007. Remedial Investigation Report. Brown and Caldwell, 2007. Supplemental Site Investigation Report. DTSC 1324 (08/09/2007) 20 State of California — California Environmental Protection Agency Department of Toxic Substances Control California Department of Conservation, Division of Mines and Geology. Liquefaction and Landslide Hazard Zone Map: Southgate Quadrangle, 1999. Accessible at (http://gmw.consrv.ca.gov/shmp/download/pdf/ozn_sgate.pdD Gannett Fleming, 2009. First Quarter 2009 Groundwater Monitoring Report 7. Greenhouse Gas Emissions Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: SCAQMD has developed a recommended threshold for assessing the significance of potential GHG emissions from industrial projects of 10,000 metric tons per year of carbon dioxide equivalent (CO2e) emissions. This is intended to capture 90 percent of all new or modified industrial development projects. Small projects, below the 90 percent capture rate of 10,000 metric tons per year would, in aggregate, contribute a relatively small percentage of the cumulative GHG emissions within the state (estimated by SCAQMD to account for less than one percent of future 2050 statewide GHG emissions target). While the proposed project is a remediation project, and not an industrial project, in the absence of more applicable thresholds, the 10,000 metric tons CO2e provides a benchmark for comparison purposes to assess the project's relative contribution of GHG emissions. Analysis as to whether or not project activities would: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Impact Analysis: LESS THAN SIGNIFICANT GHG emissions associated with Proposed Project construction and operational activities were estimated using the URBEMIS Model, Version 9.2.4, which estimates emissions of CO2. While the URBEMIS Model does not provide estimates of N20 or CH4, emissions of these GHG would be much lower than emissions of CO2 and would not be anticipated to contribute substantially to emissions overall. Total GHGs associated with construction and operations are summarized in Table 7-1. The Project is not anticipated to have any emissions of HFCs, PFCs, or SF6. TABLE 7-1 GREENHOUSE GAS EMISSIONS Emission Sources CO2 Emissions standard tons per year Construction 3 -months 163 Operation 24 months 37 The total emissions are estimated at 200 tons of CO2 total for the duration of Proposed Project. The California Air Resources Board (CARB) is in the process of developing levels of significance for GHGs. Air districts have traditionally provided guidance to local lead agencies on evaluating and addressing air pollution impacts from projects subject to CEQA. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact b. Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? DTSC 1324 (08/09/2007) 21 State of California — California Environmental Protection Agency Department of Toxic Substances Control Impact Analysis: LESS THAN SIGNIFICANT: As described below, several initiatives, plans, policies, and regulations have been adopted at the state and local level related to reducing GHG emissions. In general, California's goals and strategies for the systematic statewide reduction of GHG emissions are embodied in the combination of Executive Order S-3-05 and Assembly Bill (AB) 32, which call for the following reductions of GHG emissions: • 2000 levels by 2010 (11 percent below business -as -usual) • 1990 levels by 2020 (25 percent below business -as -usual) • 80 percent below 1990 levels by 2050 According to the CARB's Scoping Plan, AB 32's goal of reducing GHG to 1990 levels by 2020 would amount to a 30 percent reduction in emissions below "business as usual" levels, accounting for growth in the State of California. "Business as usual" is defined as the emissions that would have occurred in the absence of reductions mandated under AB 32. Based on the latest guidelines and baseline emission calculations, for energy efficiency, "business as usual" is considered to be the equivalent of being as energy efficient as Title 24 requirements as of 2005. The potential for significant impacts to global climate for the Project were therefore evaluated on the basis of the Project's consistency with the goals of AB 32 to reduce GHG emissions to 1990 levels by 2020, and to implement those programs that will be required under AB 32 that are applicable to the Proposed Project. Global climate impacts are by nature cumulative; direct impacts cannot be evaluated because the impacts themselves are global rather than localized impacts. The analysis therefore addresses cumulative impacts. The California Air Pollution Control Officers Association (CAPCOA) prepared a paper titled "CEQA and Climate Change" (White Paper) (CAPCOA, 2008) and is intended to serve as a resource for public agencies as they establish agency procedures for reviewing GHG emissions from projects under CEQA. In this White Paper, CAPCOA outlines project sizes (see Table 7-2) that are anticipated to generate GHG emissions that may be significant and require a climate change analyses. These projects include large residential, commercial, or industrial projects that would involve the creation of large, GHG generating infrastructure. The proposed Project does not fall into any of the categories listed in Table 7-2. Table 7-2. Project Sizes that Would Typically Require A Climate Change Analysis Project Type Project Size Single Family Residential 50 Units Apartments/Condominiums 70 Units General Commercial Office Space 35,000 sq. feet Retail Space 11,000 sq. feet Supermarket/Grocery Space 6,300 sq. feet Additionally, the majority of the GHG emissions are temporary in nature. As such, the Proposed Project would not substantially contribute to excess GHG emissions and would not conflict with the goals and strategies; therefore, the impact would be less than significant. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact References Used: California Air Resources Board (CARB) 2008. Climate Change Proposed Scoping Plan. October. California Air Pollution Control Officers Association (CAPCOA). 2008. CEQA & Climate Change, Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act. January. California Department of Conservation. 2000. A General Location Guide for Ultramafic Rock in California. South Coast Air Quality Management District. (SCAQMD) 2009. Air Quality Significance Thresholds. March. South Coast Air Quality Management District. (SCAQMD) 2007. Final 2007 Air Quality Management Plan, June. DTSC 1324 (08/09/2007) 22 State of California — California Environmental Protection Agency Department of Toxic Substances Control South Coast Air Quality Management District (SCAQMD) 2005. Final Localized Significance Threshold Methodology. June. South Coast Air Quality Management District (SCAQMD) 1993. CEQA Air Quality Handbook. April. 8. Hazards and Hazardous Materials Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: The Site includes the 3.7 acre property at 3000 East Imperial Highway, Lynwood of which the majority is paved with asphalt and concrete and used for temporary parking. With the exception of a water tower, there are no buildings or structures on this property. The remaining 0.5 acre includes the subsurface of mixed commercial/industrial and residential properties that have been contaminated by the releases of hazardous substances from the 3000 East Imperial property. The following discussion is intended to provide an overall picture of on-site and off-site impacts at the Site from the COPCs identified by the various investigations performed to date. Based on the risk assessment completed for the Site and an evaluation of metals concentrations in soil, the following COCs were identified: ■ Tetrachlorethane ■ Trichloroethylene; ■ Cis -and trans -1,2- Dichloroethene; ■ 1,1,2 -Trichloroethane; ■ 1,2-Dichloroethane ■ 1,2,4-trimethylbenzene; ■ Naphthalene; ■ Benzene; ■ Toluene; ■ Total xylenes; and ■ Lead. Two primary source areas were identified, including the areas identified as Area 1 and Area 2. Area 1 includes nine former underground storage tanks (USTs), a former hazardous material storage shed, a former maintenance pit/manway and a potential sump located near the southeastern corner of the former raw goods lumber storage shed. The USTs were removed under DTSC and local agency oversight on August 13, 2009. VOCs and petroleum hydrocarbons in soil in Area 1 have largely been delineated and are known to extend west and southwest of the former K&K Furniture property onto the adjacent Gonzales property and Beechwood Avenue, respectively. The lateral extent of these COCs in soil is defined to the north, west, and east. Further delineation of the lateral extent of the impacts in Area 1 is not required at this time in order to commence remediation. Based on historical investigations, TCE-impacted soil vapor and soil within Area 1 and Area 2 encompasses the extent of other COC -impacted soil vapor and/or soil. Within Area 1, TCE-impacted soil in the vadose zone extends vertically to approximately 30 feet bgs, the depth of first groundwater. Assuming commercial/mixed-use development for the Site, the treatment area for soil vapor in Area 1 would be approximately 29,000 ftZ. Assuming commercial/mixed-use development for the Site, the treatment area for soil in Area 1 would be approximately 2,000 ftZ. The treatment area for impacted soil in Area 1 is encompassed by the larger inferred treatment area for VOC and petroleum hydrocarbon impacted soil vapor in Area 1. VOC and petroleum hydrocarbons impacts in groundwater in Area 1 have been generally defined laterally and vertically. The lateral extent of impacted groundwater is anticipated to extend downgradient and off-site and may extend beneath and south of the 1-105 Freeway. The southerly extent of VOCs in shallow groundwater is defined by MW -16 where no VOCs or petroleum hydrocarbons have been detected to date. Vertically, the impacted groundwater extends to a depth of approximately 65 feet bgs in Area 1. DTSC 1324 (08/09/2007) 23 State of California — California Environmental Protection Agency Department of Toxic Substances Control Area 2, located in the south-central portion of the Site, appears to be a second area of groundwater VOC impacts. Soil vapor impacts have been identified in various locations throughout the Site. Assuming commercial/mixed-use development for the Site, the treatment area for soil vapor in Area 2 would be approximately 31,000 ftZ. The lateral and vertical extents of COCs in soil in Area 2 have been defined. CDCs were generally detected in soil samples at or below the depth of first groundwater and at concentrations below screening levels. Further delineation of VOCs conducted during the SSI did not identify a source of VOCs in the vadose zone, with only low-level impacts in soil and soil vapor evident in this portion of the Site. Vertically, the extent of impacted groundwater extends to approximately 65 feet bgs in Area 2. Using preliminary Site-specific cleanup goals protective of indoor air for industrial and residential land -use scenarios for TCE in groundwater (11,530 and 114 pg/I, respectively), COCs in groundwater in Area 2 have been delineated in all directions with impacted groundwater extending beyond the property boundary to the south/southwest, across Beechwood Avenue. Soils from the vicinity of a former paint booth (SB -38) were sampled during the SSI to further characterize the lateral and vertical extent of metals residuals. Based on the sampling results, the distribution of metals around SB -38, lead was delineated in all directions except north, where lead was detected in the 2.5 -foot below grade sample from boring SB -38N at a concentration greater than the CHHSL criteria. Other Areas of the Site Outside of Areas 1 and 2, aside from the off-site VOC and TPH impacts discussed above, groundwater impacts appear to be limited. Dissolved concentrations of heavy metals in groundwater monitoring wells, located hydraulically downgradient of potential source areas, were below Department of Public Health maximum contaminant levels. This suggests that there is no evidence of significant contamination due to metals at the Site that impacted groundwater. Furthermore, the sample with the highest concentration of chromium in groundwater was tested for hexavalent chromium and was found to be non - detect. 1,4 -dioxane was also not detected in groundwater. Project Worker Health and Safety A project specific Health and Safety Plan (HASP) will be prepared in accordance with California Occupational Safety and Health Administration, Health and Safety Code and California Code of Regulation s (CCR) Title 8, Section 5192. The HASP will identify potential chemical and physical hazards, OSHA permissible exposure limits (PELs) for chemicals, and define levels of personal protection equipment (PPE) necessary to be protective of the health of project workers. Analysis as to whether or not project activities would: c. Create a significant hazard to the public or the environment throughout the routine transport, use or disposal of hazardous materials. Impact Analysis: Less Than Significant Impact. Contaminant vapors emanating from the treatment areas will be controlled and mitigated by the active soil vapor extraction system at the Site. The limited quantities of excavated soils and any incidental waste materials such as drill cuttings, decontamination and purge water generated will be properly handled and transported under appropriate Department of Transportation regulations. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact d. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Impact Analysis: No Impact. The treatment alternatives (SVE and EISB with ZVI) do not use hazardous materials. In the event of accidental spills or leaks, the spilled or leaked materials will be immediately cleaned up in accordance with the manufacturer's specifications. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact DTSC 1324 (08/09/2007) 24 State of California — California Environmental Protection Agency Department of Toxic Substances Control e. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one- quarter mile of an existing or proposed school. Impact Analysis: Less Than Significant Impact. Any hazardous emissions from the treatment system will be captured by activated carbon prior to discharging into the atmosphere. The carbon will be properly maintained in accordance with a South Coast Air Quality Management District permit. Other than a small pocket of lead -impacted soil to be excavated and transported off-site by California licensed contractors, no other hazardous emissions or handling of acutely hazardous materials substances or waste will occur as part of the remedial activities. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact f. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to public or the environment. Impact Analysis: No Impact. The site is not identified on a list of hazardous materials sites compiled pursuant to Government Code Section 65962. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact g. Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan. Impact Analysis: No Impact. There is currently no adopted emergency response plan or emergency evacuation plan for the Site. Any future emergency response plans or emergency evacuation plans can take into account the remediation system. However, it is not anticipated that the remediation system will interfere with any regional or local emergency response or evacuation plans. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used. Brown and Caldwell. Site Assessment and Remedial Investigation Report, September 5. Brown and Caldwell, 2007. Supplemental Site Investigation Report. 9. Hydrology and' Water Quali ' Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: A description of baseline environmental (i.e., soil vapor, soil, and groundwater) conditions is included in Section 7 above. The Site includes the 3.7 acre property at 3000 East Imperial Highway, Lynwood of which the majority is paved with asphalt and concrete and used for temporary parking. With the exception of a water tower, there are no buildings or structures on this DTSC 1324 (08/09/2007) 25 State of California — California Environmental Protection Agency Department of Toxic Substances Control property. The remaining 0.5 acre includes the subsurface of mixed commercial/industrial and residential properties that have been contaminated by the releases of hazardous substances from the 3000 East Imperial property. Analysis as to whether or not project activities would: a. Violate any water quality standards or waste discharge requirements. Impact Analysis: Less Than Significant Impact. Because the groundwater beneath the Site is considered a beneficial use aquifer used for drinking water, cleanup levels are anticipated to be the Maximum Contaminant Levels (MCLs) promulgated by the California Department of Health Services (DHS). In order to implement EISB with ZVI injections as the groundwater remedy for the Site, a waste discharge requirements (WDR) permit will be required. The Los Angeles Regional Water Quality Control Board (RWQCB) will be the designated authority for WDR permit approvals. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficient in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted). Impact Analysis: No Impact. The treatment of groundwater is an in-situ remediation method which will not result in a lowering of the water table and will not affect the recharge of the groundwater. As a result, there is no impact to existing or planned land uses in the area. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off-site. Impact Analysis: No Impact. The site surface drainage is anticipated to be via sheet run-off toward the city municipal storm drains on Beechwood Avenue, as the Site is presently used as a temporary parking lot, pending redevelopment. The remediation will not result in the altering of existing drainage patterns. All surface coverings will be restored to match the pre -system installation grade. Erosion controls would also be implemented to deal with potential run-off during limited excavation activities associated with the remediation of limited pockets of metals impacted soil. No erosion of siltation would result on- or off-site as a result of the remediation system installation or operation. Therefore, no impact would occur as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site. Impact Analysis: No Impact. The site surface drainage is anticipated to be via sheet run-off toward the city municipal storm drains on Beechwood Avenue, since the Site is presently used as a temporary parking lot, pending redevelopment. The remediation will not result in the altering of existing drainage patterns as all systems will be installed either below or at grade without the necessity for modifying site topography. For any below -grade piping or DTSC 1324 (08/09/2007) 26 State of California — California Environmental Protection Agency Department of Toxic Substances Control trenching runs, all surface coverings will be restored to match the pre -system installation grade. In the event of site redevelopment activities, the surface drainage will be engineered in accordance with City ordinances. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. Impact Analysis: No Impact. The site surface drainage is anticipated to be via sheet run-off toward the city municipal storm drains on Beechwood Avenue, since the Site is presently used as a temporary parking lot, pending redevelopment. The remediation will not result in the altering of existing drainage patterns since all systems will be installed either below, or at grade, without the necessity for modifying site topography. For any below -grade piping or trenching runs, all surface coverings will be restored to match the pre -system installation grade. In the event of site redevelopment activities, the surface drainage will be engineered in accordance with City ordinances. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact f. Otherwise substantially degrade water quality. Impact Analysis: No Impact. The remediation of groundwater via EISB with ZVI will enhance the quality of the water. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact g. Place within a 100 -flood hazard area structures which would impede or redirect flood flows. Impact Analysis: No Impact. According to Environmental Data Resources, the site does not lie in a 100 year flood plain. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact h. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. Impact Analysis: No Impact. The project consists of a subsurface installation and temporary above -ground installation located on level ground. There are no dams or levees in the vicinity of the Site. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact DTSC 1324 (08/09/2007) 27 State of California — California Environmental Protection Agency ® No Impact i. Inundation by sieche, tsunami or mudflow. Department of Toxic Substances Control Impact Analysis: No Impact. The site is located in relatively flat topography and is ten or more miles from the ocean and foothills and is not in immediate danger of tsunami inundation or mudflows. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used. Gannett Fleming, First Quarter 2009 Groundwater Monitoring Report, Brown and Caldwell, Phase I K+K furniture, November 2006, Pages 3-2 10. Land; Use and Plannin Project Activities Likely to Create an Impact: Description of Baseline Environmental Conditions: The City of Lynwood's General Plan and the City's Zoning Ordinance provide land use and planning information for the area. The City has begun the process of updating its General Plan in an effort to address planning issues in the City of Lynwood. As noted on the City's Zoning Map, the proposed project Site is zoned for Manufacturing. The area is highly developed and the surrounding land uses include Heavy Commercial, Multi- family Residential, and Controlled Business Zones. Analysis as to whether or not project activities would: a. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. Impact Analysis: No Impact. The proposed project Site is located in the City of Lynwood Redevelopment Project Area. The Site was previously developed before the buildings were demolished in April 2007. The Site is zoned for Manufacturing in the General Plan. The proposed project would involve remediation activities that are temporary in nature and would not conflict with the applicable land use plan, policy or regulation. Therefore, no impacts will result from the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact b. Conflict with any applicable habitat conservation plan or natural community conservation plan. Impact Analysis: No Impact. The project Site is not located within a Los Angeles County designated SEA. The proposed project Site is located in an already highly developed and urbanized area. There are no habitat conservation plans or natural community conservation plans in the vicinity of the project Site. Therefore no impacts regarding habitat conservation plans will result from the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used: City of Lynwood, Zoning Map, revised September 1994, h_ftp://www.lynwood.ca.us/documents/pdf/Zoning map.pdf, accessed 11/5/2009. County of Los Angeles, 2008 Draft General Plan Conservation and Open Space Element. DTSC 1324 (08/09/2007) 28 State of California — California Environmental Protection Agency Department of Toxic Substances Control 11. Mineral Resources Project Activities Likely to Create an Impact: None, therefore no further analysis of this section is required. Description of Baseline Environmental Conditions: Historically, the City of Lynwood has not had abundant mineral resources. The proposed project Site is located on 4.2 acres of previously developed land. No mineral resources have been identified on the project Site or are likely to be found as a result of the proposed project. Analysis as to whether or not project activities would: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Impact Analysis: No Impact. The proposed project Site is located in a highly developed and urbanized area. No mineral resources that would be of value to the region or residents of the state have been identified at the project Site. Therefore, no impacts resulting from the loss of mineral resources would be anticipated to occur. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. Impact Analysis: No Impact.) According to local plans, the project Site is not located in an area designated as containing locally important mineral resources. Thus, no impacts would occur. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used. County of Los Angeles, 2008 Draft General Plan Conservation and Open Space Element. 12. Noise Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: Land uses around the proposed project Site include mixed commercial/industrial and residential neighborhood. Currently, the site is being used for surface parking. Noise is already generated in the area from the nearby commercial/industrial uses and the roadways, including Imperial Highway, Beechwood Avenue, State Street, and the 105 Freeway. Nearby sensitive receptors include a single family residence approximately 50 feet to the west of the proposed project Site, and residential areas south of Beechwood Avenue and north of Imperial Highway. The City of Lynwood's Noise Ordinance (City Code 3-12) states that noise levels cannot exceed 60 dBA within the vicinity of a residentially zoned property from the hours of 7:00 a.m. to 7:00 p.m. However City Code 3-12.13 regulates construction noises in the City of Lynwood, and states that "It shall be unlawful for any person within a residential zone, or within a radius of five hundred feet (500') there from, to operate equipment or perform any outside construction or repair work on building, structures, or project or to operate any pile drive, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device between the hours of ten o' clock (10:00) P.M. of DTSC 1324 (08/09/2007) 29 State of California — California Environmental Protection Agency Department of Toxic Substances Control one day and seven o' clock (7:00) A.M. of the next day in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefore has been duly obtained from the director of development services or his or her designee." Analysis as to whether or not project activities would: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Impact Analysis: Less Than Significant Impact. The proposed project Site is located in an already highly developed and urbanized neighborhood, with existing noise sources. Hours of operation will be from 7:00 am to 5:00 pm, Monday through Friday. Noise would be generated at the project Site as a result of the proposed remedial activities, which are expected to be minimal. Construction noise would be temporary traffic -related noise from vehicles entering and exiting the Site, construction equipment, and workers on -Site. Similar noise sources are already present in the area; therefore, it is unlikely that the proposed remedial activities would expose persons or sensitive receptors to excessive noise levels. It is not anticipated that noise generated from on -Site operations would violate the City's noise ordinance. Therefore, less than significant impacts would occur as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact b. Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels. Impact Analysis: No Impact. The proposed project would not include activities that could produce excessive groundborne vibration (i.e., pile -driving). Without such activities occurring at the project Site, persons would not be exposed to groundborne vibration or groundborne noise levels as a result of the proposed project. Therefore no impacts are expected to occur. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact c. A substantial permanent increase in ambient noise levels in the vicinity above levels existing without the project. Impact Analysis: Less Than Significant Impact. The project Site is located in an already highly developed and urbanized area, with existing noise sources. Ambient noise levels would likely be traffic noise from passing vehicles at the project boundaries, Imperial Highway, Beechwood Avenue, and State Street. The proposed project would likely not generate or increase noise levels within the vicinity of the project Site. Project construction noise would be limited to earthmoving equipment and vehicle noise and operations of the proposed project. In addition the project activities will be temporary in nature. Project implementation is unlikely to increase ambient noise levels to the point of audibility at the nearest sensitive receptors. Therefore less than significant impacts would occur as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. Impact Analysis: Less Than Significant Impact. As stated in Section 12 (c) above, ambient noise levels would likely be traffic noise generated by local vehicles travelling along the project boundaries, Imperial Highway, Beechwood Avenue, and State Street. Project -related activities would likely not elevate noise levels in the vicinity of the project Site because of the limited number of earthmoving, haul/water trucks and vehicles, and workers on the Site. While single and multi -family residences are located near project Site, the project activities are not expected to increase DTSC 1324 (08/09/2007) 30 State of California — California Environmental Protection Agency Department of Toxic Substances Control noise levels substantially above the existing noise levels. Therefore, less than significant impacts would occur as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact References Used: City of Lynwood Noise Ordinance (City Code 3-12) (http://www.sterlingcodifiers.com/CA/Lynwood/index.htm) 13. Population and Housing" Project Activities Likely to Create an Impact: Description of Baseline Environmental Conditions: The proposed project Site is located in an already highly developed and urbanized area that is surrounded by commercial/industrial and residential neighborhood uses. The Site was previously used for manufacturing. With the exception of a water tower, there are currently no buildings on the project Site. The proposed remediation activities would not induce population growth in the area directly or indirectly. No businesses or homes would be constructed as part of the proposed project. Remediation activities would involve no more than 10 workers being in the area for a limited amount of time, approximately 48 months. Workers are expected to be drawn from the existing area work -force, and would not require relocation of workers from beyond the project area. Therefore, no impacts would result from the proposed project. Therefore, no further impact is deemed necessary. Analysis as to whether or not project activities would: a. Induce substantial population growth in area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). Impact Analysis: No Impact ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. Impact Analysis: No Impact. The proposed project is located in an already developed and highly urbanized area, on an existing unoccupied and previously disturbed Site. The proposed project Site does not contain any residential housing units, although there are residential units nearby. However, the existing residential development would not be altered or displaced as a result of the proposed remediation efforts. Therefore, no impacts would result from the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. Impact Analysis: No Impact. The proposed project is located in an already developed and highly urbanized area, on an existing unoccupied and previously disturbed Site. There are no residential structures on the Site. The proposed remedial efforts would not require the demolition of any existing residential structures. Therefore, no person would be displaced, nor would replacement housing be required as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact DTSC 1324 (08/09/2007) 31 State of California — California Environmental Protection Agency ® No Impact References Used. 14. Public Services Project Activities Likely to Create an Impact: Department of Toxic Substances Control Description of Baseline Environmental Conditions: The project Site is under the jurisdiction of the Los Angeles County Sheriff's department and the Los Angeles County's Fire Department. The project site is currently being used for temporary parking of special events. Existing roadways surround the project Site including Imperial Highway, Beechwood Avenue, and State Street. Emergency personnel would have uninterrupted access to the project Site as necessary. Analysis as to whether or not project activities would: a. Result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: ❖ Fire protection Impact Analysis: Less Than Significant Impact. The Los Angeles County Fire Department (LACOFD) provides fire protection to the City of Lynwood and would respond to emergencies at the project Site. The nearest facility to the Site is Fire Station No. 147, located at 3161 E. Imperial Highway, approximately 0.6 mile driving distance. Fire Station 148 is located at 4262 Martin Luther Blvd, approximately 2.2 miles driving distance. Both of these facilities would be able to adequately respond to an emergency call from the project Site. The proposed project would comply with all applicable provisions of the City's Fire and Building Codes. Furthermore, project construction and staging activities would be confined to the project Site and, therefore, would not interfere with LACOFD's access to surrounding properties. The proposed project would not create adverse impacts associated with fire protection services. Therefore, implementation of the proposed project would not result in significant impacts to current fire protection service. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact ❖ Police protection Impact Analysis: Less Than Significant Impact. The Los Angeles County Sheriffs Century Station would provide police protection services to the proposed project Site. The Century Station would generally be the first responders to all requests for police services. The Los Angeles County Sheriff's Century Station is located at 11703 Alameda Street, approximately 2.0 miles driving distance. This facility would be able to adequately respond to an emergency call from the project Site. Additionally, the proposed project would not create adverse impacts associated with police protection services. Therefore, impacts would be less than significant as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact ❖ Schools Impact Analysis: No Impact. The proposed project would not include any new schools or educational facilities; nor would it create the need for any such facilities through induced population or development growth. The nearest public school facilities include Ritter Elementary School, approximately 0.5 mile driving distance, Lincoln Elementary School located at 11031 State Street, approximately 0.6 mile driving distance, and Hostler Middle School, approximately 1.4 miles driving distance from the project Site. DTSC 1324 (08/09/2007) 32 State of California — California Environmental Protection Agency Department of Toxic Substances Control All proposed remedial activities would be contained within the project Site boundary. A limited amount of traffic would be generated outside of the project Site such as delivery of remedial materials and off -Site soil disposal and/or treatment. The additional traffic generation would be minor and would not likely occur during peak hour traffic. The proposed project would not alter or affect schools located in the vicinity of the Site. Therefore, there would be no impact on.schools due to the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact ❖ Parks Impact Analysis: No Impact. Impacts related to parks, including the need for new parks, usually occur as a result of induced population growth, or an increase in housing. The proposed project would not create housing or induce population growth, thus there will be no impacts to parks in the project vicinity. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact ❖ Other public facilities Impact Analysis: No Impact. The proposed project Site has already been previously developed; thus, the Site is already served by existing public utilities power/data lines and roadways. The proposed project would not require any new or upgraded off -Site public utilities or infrastructure services above what is already in place. Therefore, it is expected that the proposed project will have no impact on other public facilities. Conclusion: . ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used.- City sed.City of Lynwood website, http://www.lvnwood.ca.us, accessed 11/6/2009. Los Angeles County Fire Department website, http://www.fire.lacounty.00v/, accessed 11/6/2009. Los Angeles County Sheriffs Department website, http://www.lasd.org/, accessed 11/6/2009. 16. Recreation Project Activities Likely to Create an Impact: Description of Baseline Environmental Conditions: Two parks currently exist within one-quarter mile of the proposed project Site. Carnation Park is located approximately 0.12 mile north of the project Site, while Rose Park is located 0.21 mile south of the project Site. Additionally, Lynwood Park is located approximately 0.7 mile east of the project site. Analysis as to whether or not project activities would: a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Impact Analysis: No Impact. The proposed project would involve remedial activities at the proposed Site. An increase in use of recreational areas is usually due to an increase in housing or other induced population growth. The proposed project would not add new housing or businesses to the area, and would not induce population growth. Therefore, it is expected that there would be no impacts regarding physical deterioration of neighborhood or regional parks. DTSC 1324 (08/09/2007) 33 State of California — California Environmental Protection Agency Department of Toxic Substances Control Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact b. Include recreational facilities or require construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Impact Analysis: No Impact. As noted above, the need for construction or expansion of recreational facilities is usually due to an increase in housing or other induced population growth. The proposed project would not add new housing or businesses to the area and would not induce population growth. Therefore, it is expected that there would be no impacts regarding construction or expansion of recreational facilities which might have an adverse impact on the environment. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used.- City sed.City of Lynwood website, http://www.lynwood.ca.us, accessed 11/6/2009. 16. Transportation'and Traffic Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: Access to the Site is provided via Imperial Highway and Beechwood Avenue. Both entrances would be utilized during implementation of the proposed remedial activities. Remedial activities would last approximately 48 months and require approximately 10 full-time or part-time employees. It is anticipated that approximately 1 on -Site haul truck and 1 water truck would be required during remedial activities. Approximately 10 worker vehicles would travel to and from the project Site Monday through Friday during normal week hours, and would utilize both roadways. Construction equipment, and worker parking would be on -Site, and all construction staging activities would be contained within the project Site. Analysis as to whether or not project activities would: a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections). Impact Analysis: Less Than Significant Impact. The proposed project would result in a very small net traffic increase at the project Site and on the capacity of the street system. During construction of the proposed project, it is estimated that up to 20 vehicle trips per day would be generated. These trips would include workers arriving at the Site. East Imperial Highway which borders the site to the north is a main thoroughfare with significant traffic throughout the day. Due to the limited increase in vehicle trips per day, less than significant impacts would occur as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact b. Exceed, either individually or cumulatively, a level of service standard established by the country congestion management agency for designated roads or highway. DTSC 1324 (08/09/2007) 34 State of California — California Environmental Protection Agency Department of Toxic Substances Control Impact Analysis: Less Than Significant Impact. The proposed project would cause an increase in trips generated to and from the project Site. Approximately 10 worker vehicles would arrive and depart the project Site Monday through Friday. The number of employees needed at the Site is expected to vary depending on the activities at the Site, but is not expected to exceed a total of 10 workers. Additional, project -related vehicle trips would be limited in nature, and would not occur during peak hour traffic times. The additional number of trips generated from the proposed project would not cause a significant increase in area traffic volumes, and would not individually or cumulatively exceed the level of service standard established by the county congestion management agency for designated roads or highways. Therefore, impacts regarding levels of service standards are expected to be less than significant as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact c. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Impact Analysis: No Impact. The proposed project would be remedial action on the Site; this would not increase conflicts between vehicle traffic, construction trucks, and pedestrians due to increased traffic volumes associated with the proposed project. Entrances to the project Site are from Imperial Highway and Beechwood Avenue. Neither of these roads contains sharp curves or dangerous intersections. The minor increase in project -related traffic would not increase hazards on local streets. Therefore, it is expected that there will be no impact as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact d. Result in inadequate emergency access. Impact Analysis: No Impact Due to the minor increase in project related traffic, no substantial increases in traffic are expected. Additionally, the proposed project will not involve the closing of any roads that would obstruct emergency access. Therefore, the proposed project would not result in inadequate emergency access to the proposed project Site, or areas in the vicinity. It is expected that there will be no impact as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact e. Result in inadequate parking capacity. Impact Analysis: No Impact. The proposed project would not result in an increased demand for parking space facilities on or off Site. The property is used for special events parking only. Construction parking would occur on the proposed project Site. Therefore, no parking impacts would result from the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact f. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). DTSC 1324 (08/09/2007) 35 State of California — California Environmental Protection Agency Department of Toxic Substances Control Impact Analysis: No Impact. The proposed project would not conflict with any adopted policies, plans, or programs supporting alternative transportation because no new traffic design features are proposed. Construction related traffic would utilize existing roadways; therefore no alternative transportation impacts would result from the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact References Used: 17. Uflities and Service's stems Project Activities Likely to Create an Impact: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Description of Baseline Environmental Conditions: The proposed project Site is on 4.2 acres that were previously used for manufacturing purposes. The land is currently vacant, but was previously disturbed. Surrounding land uses include commercial/industrial and residential neighborhoods. Utilities exist in the immediate vicinity of the proposed project Site. The project would generate minimal domestic wastewater that would need to be treated. The small amount of wastewater would be associated with the approximately 10 workers present during construction and operation of the remediation facility. Temporary port -a -potties would be utilized by Site workers, and emptied for off -Site transport by the managing company. The project would also generate contaminated water during the soil remediation treatment process, which would be transported off-site for disposal. Therefore, National Pollutant Discharge Elimination System (NPDES) permits would not be needed from the LA-RWQCB. Therefore, there would be no impact regarding wastewater treatment as a result of the proposed project. Analysis as to whether or not project activities would: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. Impact Analysis: No Impact The proposed project would not exceed wastewater treatment requirements of the Los Angeles Regional Water Quality Control Board (LA-RWQCB). The project would generate minimal domestic wastewater that would need to be treated. The small amount of wastewater would be associated with the approximately 10 workers present during construction and operation of the remediation facility. Temporary port -a - potties would be utilized by Site workers, and emptied for off -Site transport by the managing company. The project would also generate contaminated water during the soil remediation treatment process, which would be transported off-site for disposal. Therefore, National Pollutant Discharge Elimination System (NPDES) permits would not be needed from the LA-RWQCB. Therefore, there would be no impact regarding wastewater treatment as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Impact Analysis: No Impact. The proposed project would not generate wastewater that would require the need to expand or construct additional wastewater treatment facilities. Therefore, no significant environmental effects as a result of wastewater treatment facility construction would result. As stated in Section 16 (a.) above, waste water generated on-site will be disposed of off-site. Therefore, there would be no impact regarding construction of new wastewater treatment facilities or expansion of existing facilities as a result of the proposed project. DTSC 1324 (08/09/2007) 36 State of California — California Environmental Protection Agency Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact Department of Toxic Substances Control c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Impact Analysis: Less Than Significant Impact. Storm water drainage facilities are already present within the project Site. No new storm water facilities or expansions of existing facilities are proposed. The proposed project may involve an increase in the amount of paved surfaces due to pads needed for remediation facilities. However, those surfaces would be designed with a berm on the perimeter to prevent run-off and soil contamination on -Site and in the project area. Therefore, impacts will be less than significant as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed. Impact Analysis: No Impact. There are existing potable water utilities at the Site, and implementation of the proposed project would have sufficient water supplies available to serve the project from existing entitlements and resources. No new or expanded entitlements are needed because the project would not substantially increase water consumption that currently exists at the project Site. Therefore, no impacts would result from the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact e. Result in determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providers existing commitments. Impact Analysis: No Impact. Although the project Site is currently unoccupied, it had been previously occupied by a manufacturing facility. The Site exists in a highly developed and urbanized area. A wastewater treatment provider already services the properties in the vicinity of the project Site. The proposed project and the 10 workers on the Site would not generate large amounts of wastewater. As such, the proposed project would not create a need for a wastewater treatment facility on -Site. Therefore there would be no impact as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ❑ Less Than Significant Impact ® No Impact f. Be served by a landfill with sufficient permitted capacity to accommodate the projects solid waste disposal needs. Impact Analysis: Less Than Significant Impact. If the remediation activities require off -Site disposal of contaminated soils and water, the hazardous materials would be disposed of at a licensed Class I or II landfill, as appropriate. Non -hazardous material would be disposed of at a nearby Class III landfill. The nearest transfer station is located near the project Site in the City of South Gate, east of the Long Beach Freeway (1-710) at the Firestone Boulevard exit. This transfer station accepts only non -hazardous municipal solid and inert waste and has a capacity of 2,200 tons per day. The Calabasas Landfill in Agoura with a capacity 3,500 tons per day and the Scholl Canyon Landfill in Glendale with a capacity 3,400 tons per day, are both Class III landfills with the capacity to accept construction debris and waste materials from the project Site. The proposed project would create minimal solid waste from the project employees on -Site. Therefore, impacts regarding solid waste disposal would be less than significant. DTSC 1324 (08/09/2007) 37 State of California — California Environmental Protection Agency. Department of Toxic Substances Control Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact g. Comply with federal, state, and local statutes and regulations related to solid waste. Impact Analysis: Less Than Significant Impact. The proposed project would create minimal solid waste from the project employees on -Site. Clean-up activities associated with solid wastes generated at the project Site would be coordinated with the City of Lynwood's waste management. The proposed project would not generate enough solid waste for permits to be required related to the project. For any solid waste disposal, all federal, state and local statutes and regulations would be adhered to. Therefore, impacts regarding solid waste would be less than significant as a result of the proposed project. Conclusion: ❑ Potentially Significant Impact ❑ Potentially Significant Unless Mitigated ® Less Than Significant Impact ❑ No Impact References Used.- Sanitation sed.Sanitation Districts of Los Angeles County, http://www.lacsd.org California Integrated Waste Management Board, Solid Waste Information System, (http://www.ciwmb.ca.gov/SWISH, Accessed 11/8/09 Mandatory Findings of Significance Based on evidence provided in this Initial Study, DTSC makes the following findings: a. The project ❑ has ® does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. b. The project ❑ has ® does not have impacts that are individually limited but cumulatively considerable. "Cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c. The project ❑ has ® does not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly. Determination of Appropriate Environmental Document: Based on evidence provided in this Initial Study, DTSC makes the following determination: ® The proposed project COULD NOT HAVE a significant effect on the environment. A Negative Declaration will be prepared. ❑ The proposed project COULD HAVE a significant effect on the environment. However, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. ❑ The proposed project MAY HAVE a significant effect on the environment. An Environmental Impact Report is required. ❑ The proposed project MAY HAVE a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. DTSC 1324 (08/09/2007) 38 State of California — California Environmental Protection Agency. Department of Toxic Substances Control ❑ The proposed project COULD HAVE a significant effect on the environment. However, all potentially significant effects (a) have been analyzed adequately in an earlier Environmental Impact Report or Negative Declaration pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier Environmental Impact Report or Negative Declaration, including revisions or mitigation measures that. are imposed upon the proposed project. Therefore, nothing further is required. Certification: hereby certify that the statements furnished above and in the attached exhibits, present the data and information required for this initial study evaluation to the best of my ability and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. 1:179--, X�K-,� April 5, 2011 Diaz Preparer's Preparer's Sign Senior Hazardous Substances Scientist Preparer's Title or Unit Chief Steve Lavinger Sup. Hazardous Substances Scientist II Branch or Unit Chief Name Branch, or Unit Chief Title Date 818.717.6614 Phone # April 5, 2011 Date 818.717.6530 Phone # DTSC 1324 (08/09/2007) 39 State of California — California Environmental Protection Agency ATTACHMENT A REFERENCES California Air Resources Board (CARB) Department of Toxic Substances Control 2008 Climate Change Proposed Scoping Plan. October. California Department of Conservation 2000 A General Location Guide for Ultramafic Rock in California. California Department of Conservation, Division of Land Resource Protection 2009 The Farmland Mapping and Monitoring Program, FMMP Survey Cycle Year 2006 Data, ftp://ftp.consry.ca.goy/pub/dlrp/FMMP/pdf/statewide/2006/fmmp2006 wallsize.pdf. California Department of Fish and Game 2009 California Natural Diversity Data Base (CNDDB), USGS 7.5 -minute quadrangle: South Gate and Inglewood. California Integrated Waste Management Board 2009 Solid Waste Information System, hftp://www.ciwmb.ca.gov/SWIS/ California Environmental Protection Agency 2004 California Land Reuse and Revitalization Act (CLRRA) Caltrans 2007 California Scenic Highway Mapping System, hftp://www.dot.ca.gov/hq/LandArch/scenic highways/index.htm. Chambers Group 2009 Cultural Resources Records Search for 4.2 Acres at 3000 E. Imperial Highway, Lynwood, California. County of Los Angeles 2008 Draft General Plan Conservation and Open Space Element. 2009 Los Angeles County Fire Department website, hftp://www.fire.lacounty.gov/. 2009 Los Angeles County Sheriffs Department website, hftp://www.lasd.org/. Gannett Fleming Inc. 2009 Final Draft Remedial Action and Response Plan, 3000 East Imperial Highway, California Lynwood 1994 Zoning Map, revised September 1994, hftp://www.lynwood.ca.us/documents/pdf/Zoning map.pdf. 2009 City Code, May 6, 2009, hftp://www.sterlinqcodifiers.com/CA/Lvnwood/index.htm. 2009 2006-2014 Housing Element, HCD Review Draft. 2009 City of Lynwood website, hftp://www.lynwood.ca.us. 2009 City of Lynwood Noise Ordinance (City Code 3-12) Rimpo and Associates 2007 Transportation and Land Use Programs Computer Model URBEMIS2007 version 9.2.4 model Sanitation Districts of Los Angeles County 2009 hftp://www.lacsd.org South Coast Air Quality Management District. (SCAQMD) 1993 CEQA Air Quality Handbook. April. 2005 Final Localized Significance Threshold Methodology. June. DTSC 1324 (08/09/2007) 40 State of California — California Environmental Protection Agency Department of Toxic Substances Control 2007 Final 2007 Air Quality Management Plan, June. 2009 Air Quality Significance Thresholds. March. Rosen, Marti Dean 1975 Evaluation of the Archaeological Resources and Potential Impact of the Proposed Construction of Route 105 Freeway from EI Segundo to Norwalk, Institute of Archaeology, Archaeological Survey, University of California, Los Angeles, California. Manuscript LA -78 on file at the South Central Coastal Information Center, California State University, Fullerton, California. United States Department of the Interior, Bureau of Land Management 1980 Visual Resource Management Program United States Department of Transportation, Federal Highway Administration 1988 The Manual on Uniform Traffic Control Devices for Highways and Streets United States Environmental Protection Agency 1980 National Contingency Plan 1988 Comprehensive Environmental Response, Compensation, and Liability Act Remedial Investigation/Feasibility Study. DTSC 1324 (08/09/2007) 41 ATTACHEMENT State of California — California Environmental Protection Agency NEGATIVE DECLARATION Department of Toxic Substances Control Brownfields And Environmental Restoration Program Southern California - Chatsworth Office 9211 Oakdale Avenue Chatsworth, CA 91342] Subject: ® DRAFT ❑ FINAL ❑ MITIGATED Project Title: Response Plan for 3000 E Imperial Highway State Clearinghouse No.: Project Location: 3000 East Imperial Highway, Lynwood, California County: Los Angeles County Project Description: • Construction and operation of soil vapor extraction unit (SVE) • Limited excavation and off-site disposal of contaminated soil • Backfilling with clean soil • Project -related vehicle traffic on site Department of Toxic Substances Control The project consists of on-site remediation of soil vapor and soil impacted with VOCs and petroleum hydrocarbons. In addition to limited excavation lead -impacted soil at the Site. SVE with limited excavation and off-site disposal is considered to be a cost-effective treatment alternative capable of meeting the RAOs within a reasonable period. Additionally, electrical resistive heating (ERH) may be utilized in an approximately 5,000 square foot area in the vicinity of the former USTs to optimize the efficiency of SVE in this area. The proposed project consists of the remediation of contaminated soil and groundwater associated with the property located at 3000 East Imperial Highway in Lynwood, California through the implementation of the Response Plan (RP) submitted to the Department of Toxic Substances (DTSC) on March 29, 2011. DTSC and the property owner, 3000 E. Imperial, LLC, entered into an agreement on July 10, 2007, pursuant to the California Land Reuse and Revitalization Act (CLRRA) of 2004. Pursuant to the CLRRA agreement, 3000 E. Imperial, LLC has agreed to perform those actions necessary to remediate the Site as set forth in the RP. The project is located within the City of Lynwood Redevelopment Project Area at the southwest corner of the intersection of State Street and East Imperial Highway in Lynwood, California. The Subject Property, which is the source of the contamination addressed in the RP, is located at 3000 E. Imperial Highway. For the purpose of the RP, the Site is defined as the area that includes the impacted areas that are the subject of the proposed remedies presented in the RP. The Site includes the 3.7 -acre Subject Property and also includes portions of the adjacent Gonzales property, which is occupied by the Import Glass Corporation, and the eastern portion of the Vargas property (occupied by Vargas Custom Cabinets). The Site occupies a total area of approximately 4.2 acres. The Site is rectangular in shape, and is located in a mixed commercial/industrial and residential neighborhood. The Site is bounded to the north by East Imperial Highway, to the west by an auto body business and a single-family home, to the south by Beechwood Avenue, and to the east by State Street. The 1-105 Freeway is located approximately one-quarter mile to the south of the Site. There are no surface water bodies in the immediate vicinity of the Site. 3000 E. Imperial, LLC, acquired the Subject Property in November 2006 and proposes to redevelop the Site into a mixed- use, residential/commercial development. In April 2007, all on-site buildings were demolished. Prior to demolition, the Subject Property was occupied by a manufacturing building comprising approximately 116,000 square feet (ftZ), a maintenance shed comprising approximately 600 ft , and a lumber storage and hazardous materials storage shed comprising approximately 1,000 ftZ. The Subject Property was most recently occupied by a furniture manufacturing facility operated by Regent Officeworks, Inc. Prior to demolition, approximately 90 percent of the Subject Property was covered by buildings. DTSC 1327 (1/06/06) State of California — California Environmental Protection Agency Department of Toxic Substances Control The Subject Property is currently used for temporary surface parking. The remainder of the Subject Property was covered with asphalt parking areas. A water tower remains in the southeastern corner of the Subject Property. Adjacent properties to the west are occupied by light industrial uses. Soil gas, soil and groundwater investigations indicate that two distinct source areas or "Areas" exist at the Site, which represent sources of contaminants of concern (COCs) at the Site. Area 1 is located on the southwest portion of the Site and includes nine former underground storage tanks (USTs), a former hazardous material storage shed, a former maintenance pit/manway and a potential sump located near the southeastern corner of the former raw goods lumber storage shed. Area 2, located in the south-central portion of the Site, appears to be the source of limited groundwater VOC impacts, which are likely related to an older release due to presence of trace concentrations of VOCs in the soil column and the absence of benzene in groundwater. VOC and petroleum hydrocarbons impacts in soil and groundwater in Area 1 and Area 2 have been generally defined laterally and vertically. The Project's goals and objectives or Remedial Action Objectives (RAOs) for on-site soil and groundwater areas are: • Protection of human health by eliminating or minimizing exposure of workers and/or residents and nearby receptors to COCs; • Remediation of the impacted soil and groundwater to the extent practicable; and Limit further migration of CDCs in groundwater in order to protect beneficial groundwater uses by conducting treatment of the source areas. The RAOs are consistent with the overall goal of Site redevelopment under CLRRA. Soil Vapor Extraction (SVE) was the soil treatment alternative preferred in the feasibility study (FS) to treat on-site soil vapor and soil impacted with VOCs and petroleum hydrocarbons. In addition, limited excavation was the preferred alternative to address the localized lead -impacted soil at the Site. SVE with limited excavation and off-site disposal is considered to be a cost-effective treatment alternative capable of meeting the RAOs within a reasonable period. Additionally, electrical resistive heating (ERH) may be utilized in an approximately 5,000 square foot area in the vicinity of the former USTs to optimize the efficiency of SVE in this area. Enhanced In -Situ Bioremediation (EISB) with Zero Valent Iron (ZVI) injection was retained as the preferred alternative to treat on-site groundwater impacted with VOCs and petroleum hydrocarbons in the FS based on their cost-effectiveness and their ability to achieve the RAOs in a reasonable timeframe. Existing and proposed on-site groundwater monitoring wells located in the treatment areas as well as the existing off-site wells will be used to monitor the performance of groundwater treatment alternatives. These wells will be sampled in accordance with the selected treatment alternative, primarily for VOCs and petroleum hydrocarbons. Remediation system installation is expected to last approximately 2 to 3 months, starting in the summer of 2011. Cleanup of the project site is expected to last 12 to 48 months. Chief Signature Date Chief Name Branch Chief Title Phone # DTSC 1327 (1/06/06) ATTACHEMENT Department of7 'Ioxic Substances` Control 0 Oui• mission is to pi-ovide the highest level of safety, and to protect public Health and the en vii-onment fforn toxic hat -in. State of California California Environmental Protection Agency Fact Sheet, April 2011 Clean-up Plan for Soil and Groundwater at 3000 Imperial Highway Available for Review and Public Comment A draft plan, called a Response Plan (draft RP), to clean-up contaminated soil and groundwater at 3000 Imperial Highway in Lynwood, CA is available for public review and comment. The California Department of Toxic Substances Control (DTSC) will oversee the cleanup process to ensure it is done in compliance will applicable laws and regulations. This Fact Sheet provides a brief summary of: • Why Cleanup Is Necessary? • History and Operations at the Site • Environmental Investigations • Proposed Cleanup Options • Safety & dust Control During Cleanup • Proposed Truck Transportation Route • California Environmental Quality Act • Next Steps • Where to Find the Documents • Who to Contact for Information Why Cleanup Is Necessary There is no immediate health risk because the public is not exposed to the contaminated soil or groundwater. However, because exposure to elevated levels of these contaminants can cause adverse health effects, DTSC recommended that a plan be prepared to clean-up the contamination to protect the future occupants of the property. DTSC will oversee the clean-up action and ensure that it is performed in a manner that does not harm people or the environment. PUBLIC COMMENT PERIOD April 18 to May 19, 2011 The draft RP and other related project documents for this site are available for review and comment at the locations listed on page 3. We will make a final decision after all public comments have been reviewed and considered. Please submit written comments in the enclosed postage paid envelope postmarked by May 19, 2011; or by email before the deadline date no later than 5:00 p.m. to: Yvette LaDuke Public Participation Specialist yladuke(cDdtsc.ca.gov Si desea informacion en espanol, comuniquese con Sr. Jose Diaz al (818) 717-6614 History and Operations at the Site Historical site activities include the use chemicals such as solvents and petroleum products, a hazardous materials storage shed, a maintenance pit, and various sumps. Environmental Investigations During investigations conducted from 2004 through 2010, volatile organic compounds (VOCs), semi - volatile organic compounds, total petroleum hydrocarbons (TPHs) and metals were found in soil above levels acceptable by DTSC. VOCs, trichloroethylene (TCE), and perchloroethylene (PCE) contamination was found in groundwater above standards enforced by DTSC. The groundwater contamination extends off-site beneath the adjacent property to the west at Beechwood Street and extends about 900 feet southwest of the property. VOCs are solvents commonly found in paint thinners, gasoline products, dry cleaning processes, commercial and industrial processes and frequently occur as contaminants in the environment. TPHs are a mixture of chemicals made mainly from hydrogen and carbon found in crude oil. PCE and TCE are solvents typically used for degreasing and cleaning metal parts. Metals: Elements found in the earth's crust that are used to form electricity and heat. Proposed Cleanup Options for Soil The following cleanup options were considered for soil at this site: General Approach Alternatives No Action 1. No Action Institutional 2. Institutional Controls Containment 3. Engineered Cap 4. Soil Vapor Extraction (SVE) with Electric Resistance On -Site Treatment Heating (ERH) 6. Limited Excavation with Off -Site Treatment off-site disposal 7. Excavation with Off-site Disposal Based on careful analysis of the options, SVE and ERH were selected to clean-up the VOCs and TPH because these methods have proven to be the most successful, protective of human health and the environment, and have a reasonable cost. Soil contaminated with metals will be dug -out, removed from the property, and disposed of at a licensed facility. Details of the cleanup options are listed in Section 4 of the draft RP. The SVE system contains a series of pipes attached to a vacuum structure that will pull the contamination into the system where it will be treated and released as clean vapor. ERH uses heat to break -down and mobilize VOCs to make it easier for them to move into the SVE system. This system will be monitored by DTSC and will run until the cleanup goals are met. Safety & Dust Control During Cleanup The following will be done actions will be done during the clean-up process to ensure public safety and minimize dust: • Install temporary fencing with windscreens • Drive vehicles at slow speeds while on the property • Spray work areas with clean water to control dust • Secure trucks with covers before they leave the site • Air monitoring to ensure dust levels meet Air Quality Management District standards • Establish a plan to contain rain water within the excavation area (if necessary) • Follow site Health and Safety Plan to ensure worker and community safety during the clean-up. • Cover soil stockpiles to reduce the potential for dust to blow off-site. Proposed Transportation Route Trucks will enter and exit the site on Imperial Highway and Long Beach Boulevard, traveling to and from the site to the Century Freeway. The soil will be taken to state licensed and approved disposal and/or treatment facilities. Work will occur between 7:00 am and 4:30 pm daily. The clean-up process is expected to take about 24 to 36 months. Proposed Cleanup Options for Groundwater The following Cleanup Options were considered for groundwater at this site: Groundwater Treatment Alternatives General Approach n. No Action Institutional Controls Monitoring Passive Treatment 1. No Action 2. Institutional Controls 3. On -Site Groundwater Monitoring 4. Treatment Barrier and Groundwater Monitoring 5. Ozone injection with hydrogen peroxide 6. Enhanced In-situ Bioremediation (EISB) with Zero Valent On -Site Source Area Treatment Iron (ZVI) 7. Electric Resistance Heating (ERH) 8. Groundwater Extraction and Treatment 9. Air Sparging 10. In -Situ Well Stripping After review of these options, EISB and ZVI injections were selected as the primary groundwater treatment methods. In addition, ERH will be used to clean-up the VOCs in groundwater similar to the process described on Page 2 for soil. EISB uses the injection of an electron donor solution through emulsified vegetable oil and a microbial culture (KB -1®) into groundwater to enhance the rate and extent of biological reductive dechlorination of VOCs. EISB can also indirectly clean-up non -chlorinated compounds such as gasoline range total petroleum hydrocarbons (TPH-g) and benzene, by using these compounds as additional electron donors. See Section 4.2 of the RP for more details. California Environmental Quality Act In compliance with the California Environmental Quality Act, DTSC prepared a Negative Declaration. The proposed cleanup will not have a significant negative effect on human health and the environment because of proposed technologies, short duration, relatively small amount of contaminated soil to be removed, and the controlled way in which the contaminated soils will be dug out, loaded onto trucks and taken away to an approved/permitted facility for lawful disposal. Next Steps At the close of the Public Comment Period, DTSC will review and consider any public comments, and make any necessary revisions to the draft RP prior to final approval. Also, a Response to Comments document will be mailed to everyone who makes a comment and provides their name and address. The SVE system will be installed later this summer and will operate for approximately 12 to 18 months. Soil removal is expected to take place in the early fall 2011 after VOCs are reduced to safe levels, and should take about 2 to 4 weeks to remove. After the cleanup process is completed, soil and groundwater testing will be done to confirm that the clean-up goals have been met. Where to Find the Documents The draft RP and other related documents for the 3000 East Imperial Highway property are available for review at the following locations: Lynwood Library 11320 Bullis Road Lynwood, CA 90262 Phone: (310) 635-7121 Department of Toxic Substances Control Regional Records Office 9211 Oakdale Avenue Chatsworth, CA 91311 Phone: (818) 717-6520 Hours: 8 a.m. — 5 p.m. Monday — Friday Site documents are also available at www.envirostor.dtsc.ca.gov/public for your review. A computer is available in the DTSC file room for your use. All documents made available to the public by DTSC can be accessed in alternate formats (i.e. Braille, large print, etc.) or in another language, as appropriate, in accordance with State and Federal law. Please contact Yvette LaDuke at the phone number or email address listed for assistance. Who to Contact for Information If you have any questions about the project or cleanup activities, please contact: Mr. Jose Diaz DTSC Project Manager (818)717-6614 jdiaz@dtsc.ca.gov Yvette LaDuke DTSC Public Participation 1-866-495-5651, press "3", then press "2" yladuke@dtsc.ca.gov Media Inquiries: Jeanne Garcia (818)717-6573 DTSC Public Information Officer Jgarcial@dtsc.ca.gov v w Q ty sitevidni 3000 Fart W p.W Hi0 -a,• �Ok_1111 Meeting Accessibility and Notice to Hearing -Impaired Individuals For information on meeting accessibility or to request reasonable accommodations, and to obtain additional information about the site, please call the California State Replay Service at (888) 877-5378 (TDD) or call Yvette LaDuke, at (818) 717-6569. ATTACHEMENT Department of Toxic Substances Control - Fact Sheet June, 2017 The mission of DTSC is to protect California's people and environment from harmful effects of toxic substances by restoring contaminated resources, enforcing hazardous waste laws, reducing hazardous waste generation, and encouraging the manufacture of chemically safer products. APPROVAL OF RESPONSE ACTIONS FOR 3000 EAST IMPERIAL (SITE) 3000 EAST IMPERIAL HIGHWAY, LYNWOOD The Department of Toxic Substances Control (DTSC) has approved response actions taken to clean up releases of hazardous substances to soil and groundwater from past industrial uses of the property. DTSC provided oversight of Site investigation and cleanup activities pursuant to a California Land Reuse and Revitalization Act (CLRRA) Agreement between 3000 E. Imperial, LLC., the current property owner, and DTSC. This community update is to inform the public on the status of the Site cleanup. " 1000E-lM—w Hphwer Site History, Investigation and Findings The Site is a vacant lot that occupies a total area of approximately 3.59 acres located in a mixed commercial/industrial and residential neighborhood. The Site was divided into two areas that required different levels of cleanup. Previous Site operations included the manufacturing of heat controls, aerospace parts, and furniture. Investigations indicated that soil, soil vapor, and groundwater were contaminated with solvents or volatile organic compounds (VOCs), total petroleum hydrocarbons, and limited pockets of lead, cadmium and chromium impacted soil. Trichloroethylene (TCE) along with benzene, toluene, ethylbenzene and xylenes were identified as the primary VOC contaminants and were the targets for cleanup at the Site. Ca NA nT'c *a Low Where to Find Site Documents Project related documents for the 3000 East Imperial Highway property are available for review at: Department of Toxic Substances Control Regional Records Office 9211 Oakdale Avenue Chatsworth, CA 91311 Phone: (818) 717-6520 Hours: 8 a.m. — 5 p.m. Monday — Friday Or in DTSC's data base EnviroStor: hugs://www.envirostor.dtsc.ca.gQv/pu blic/profile rgport.asp?global id=6000 0653 Jose Diaz, Project Manager Jose.diaza,dtsc. ca.gov (818) 717-6614 No public meeting is scheduled at this time. State of California Department of Toxic Substances Control WHAT WAS PROPOSED TO CLEAN UP THE SITE? The Response Plan (October 2011) proposed to use soil vapor extraction (SVE) to remove contamination in soil, in- situ treatment of contaminated groundwater, soil excavation and offsite disposal to cleanup limited pockets of metals contamination, to file a land use restriction to limit uses of the property and to monitor concentrations of the residual contaminants of concern in soil and groundwater. SVE involves the use of a vacuum system to extract vapors from the subsurface through extraction wells and cleaning the vapors in above ground carbon filters. The SVE system operated pursuant to a South Coast Air Quality Management District Permit In 2012 a pilot study was proposed and approved by DTSC to use electric resistance heating (EW to accelerate the cleanup of VOCs in soil and groundwater. SUMMARY OF CLEANUP ACTIONS Remedial actions implemented at the Site from 2011 through 2014 include limited soil excavations, SVE, ERH, and enhanced -in situ bioremediation (EISB) in soil. The combined SVE/ERH operations removed approximately 5,135 pounds of VOCs from subsurface soil. In situ treatment of contaminated groundwater involved the injection of approximately 1,483,900 gallons of treatment solution. The injected solution consisted of approximately 1,384,730 gallons of municipal water mixed 14,330 gallons of emulsified vegetable oil solution, 99,030 gallons of anaerobic water and approximately 132.8 gallons of KB -1 microbial culture. The activities were conducted pursuant to a Waste Discharge Requirements (WDR) permit from the Los Angeles Regional Water Quality Control Board (1 ARWQCB). Three years of groundwater monitoring following the injections showed significant decrease of contaminants in groundwater. On March 10, 2017, the LARWQCB terminated the WDR. Groundwater monitoring will continue in accordance with the Site's Operations and Monitoring Plan until 5 -Year Review evaluations demonstrate that the groundwater contamination plume is stable or decreasing in size and near the ultimate cleanup goals (maximum contaminant levels) In addition to the remediation of VOCs and petroleum hydrocarbons, approximately 38 cubic yards of soil with lead, cadmium, and/or copper was excavated and disposed off-site at the Clean Harbors Buttonwillow Facility. Additional soil contamination was discovered during removal of the building concrete slab in early 2016 and approximately 233 tons of non- RCRA hazardous soil and 1,091 tons of nonhazardous soil were removed and transported to the La Paz Landfill in Parker, Arizona. APPROVAL OF RESPONSE ACTION COMPLETION REPORTS The Response Action Completion Report (RACR), dated August 7, 2015, was approved by DTSC on October 22, 2015. The RACR summarized response actions taken to remove CDCs through SVE, ERH, EISB and soil excavation and offsite disposal. The RACR included a post -remediation Human Health Risk Assessment (HHRA) that evaluated potential risks from exposures to soil, soil vapor, and groundwater using the confirmation sample results. The HHRA concluded that Site conditions did not pose an unacceptable cancer risk or non -cancer hazard for onsite and off-site commercial/industrial workers, or off-site residents. A subsequent Addendum to the RACR (March 2016) was submitted to DTSC. The addendum presented a supplemental risk evaluation which concluded that residual contaminant concentrations would not pose a significant health risk to potential future residents of the second and above floors at the Site. PROPOSED DEVELOPMENT ACTIVITIES The property owner is planning to construct a mixed-use development that includes commercial use and parking on the ground level, with residential units on the second and higher floors. DTSC will work with the property owner and City of Lynwood staff to ensure that the proper mitigation measures are implemented as part of the development which are scheduled to begin later this summer. DTSC will continue to monitor required long term operations and monitoring activities on the Site. NOTICE TO HEARING IMPAIRED: TTY users may use the You may also contact the Public Participation Specialist listed at the end of this community notice. ATTACHEMENT Department Toxic Substances Control S'. t l Department of �- Toxic Substances Control Department of Toxic Substances Control (DTSC) • A department within California Environmental Protection Agency (CalEPA) • Charged with protection public health and the environment from harmful exposure to hazardous substances/waste • Responsible for regulating hazardous waste generation, transportation, treatment, storage and disposal in California • Has multidisciplinary technical expertise on staff - engineers, environmental scientists, toxicologists, geologists, environmental planners, public participation specialists, and a variety of other technical experts. • Sole State Agency which evaluates all routes of exposure from all media (soil, air, groundwater and surface water) Site Cleanup Process Discovery Site Characterization Investigation/ Feasibility Study Response Plan Remedial Design F L Implementation Operation & Maintenance (0&M) Department of Toxic Substances Control Site Information: • 3.59 -acre property located at 3000 E Imperial Highway • Property first developed by Grayson Heat Control in 1930 • Robert Shaw Controls (late 1930s-1955) —heat controls • Whittaker WMR (1955 -1963) -aerospace parts • Allied Upholstery (1964-1981) —furniture manufacturing • K&K Office Furniture &Regent Officeworks (1984-2007) 3000 E Imperial Highway � P v. d+ �. a. v w { MM I rarer �rrr + 3000 E Imperial Highway Area 2 Investigations & Chemicals of Concern • Soil and groundwater investigations - 2004, 2006, 2007 • volatile organic compounds (solvents) • petroleum hydrocarbons • metals • Nine underground storage tanks, hazardous material storage shed, a maintenance pit and a sump were identified as the major sources of chemical releases. • Groundwater contamination extended beyond the south property boundary DTSC Oversight • Property owner requested agency oversight and entered into a California Land Reuse and Revitalization Act Agreement with DTSC (2007) • Proposed land use — Mixed Use (Commercial ground floor) • Response Plan was approved in June 2011 • Soil vapor extraction (SVE) • In-situ groundwater treatment • Soil excavation Response Plant Implementation • Cleanup operations 2011 to 2014 • SVE — removed - 5134 pounds of solvents • In-situ groundwater treatment —1,434,000 gallons of treatment solution (3 years of monitoring) • Excavation - 1400 tons of soil (metals) • Completion Reports —2013 & 2015 • Post remediation risk assessment to evaluate proposed land use - 2016 Final Determination • Based on the post -remediation risk assessment: • Ground level floor is suitable for commercial/industrial use. • Residential units on second floor and above • Aland use covenant will be recorded • Request to start grading property • DTSC will continue to provide oversight for long term monitoring of the Site. Og LY AGENDA STAFF REPORT DATE: July 31, 2017 TO: Honorable Mayor and Members f the City Council APPROVED BY: Alma K. Martinez, City Manage PREPARED BY: Lissette Calleros, Program Consultant, Avant -Garde Simona Ramirez, Program Consultant, Avant -Garde SUBJECT: Approval of Annual Action Plan for FY 2017-2018 Recommendation: Approve the recommended allocations for the Community Development Block Grant and the HOME Program and approve resolution adopting the Annual Action Plan for FY 2017-2018. Background: The City of Lynwood receives an annual funding allocation in Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development (HUD). These funds are used to develop viable communities by promoting integrated approaches that provide and expand economic opportunities for low and moderate income persons. CDBG funds allow for a variety of eligible activities to assist low and moderate income persons. Examples include public services programs, and economic development activities. In order to receive Community Development Block Grant (CDBG) and HOME Investment Partnership Grant (HOME) funds, the Department of Housing and Urban Development (HUD) requires cities to submit a Annual Action Plan which serves as a planning document, an application for federal funds, a strategy to be followed in carrying out CDBG and HOME funded activities and a basis for' assessing performance. Per HUD, activities funded with CDBG funds must meet one of the following objectives: • Elimination of slums and blight and prevention of blighting influences; • Elimination of conditions detrimental to health, safety, and public welfare; • Stimulation of economic growth, development, and employment opportunities; • Conservation and expansion of housing stock for low and moderate income households; • Development and improvement of public facilities. Home Investment Partnership Program (HOME) HUD provides HOME funds to assist the City in providing home improvement loans, grants and/or affordable housing to eligible low-income persons. Typical uses for these funds include: • HOME Program administration • HOME funded home improvement program • Development/Construction of low income housing AGENDA ITEC{ 13 Priority funding for CDBG and HOME activities are given to activities that: • have a high benefit to low and moderate income persons; • have a detailed plan for permanent funding; • are likely to achieve their objectives and be'successful; • use other public and private sources to the greatest extent possible; • support or coordinate with other community development efforts; • present a reasonable, sound budget; and • are implemented by organizations with a solid track record. In addition, each activity'must meet at least one of HUD's three National Objectives as listed below: • Benefit low to moderate income (LMI) persons; • Aid in the prevention or elimination of slums or blight; and • Meet a need having a particular urgency (referred to as urgent need). Discussion & Analysis: The City 'of Lynwood issued a notice soliciting proposals for CDBG funding on January 26th, 2017 from community based organizations, nonprofits, City departments, and citizens interested in applying. for these funds and providing services to the Lynwood community. The deadline to submit applications/proposals was originally Monday, February 27th, 2017 at 5:00 p.m.; however, it was extended to Monday, March 6th, 2017 at 5:OOpm. Staff reviewed all submitted applications for funding eligibility and presented preliminary funding recommendations before the CDBG Advisory Board (on March 23rd, 2017). In accordance with the City's approved Citizen Participation Plan, two Public Hearings were held. The purpose of the Public Hearings was to collect the community's input on public services at the City. The City also issued a survey to obtain citizen input and comments on the City's community development and housing needs and how to best address those needs. The survey was uploaded and posted on the City's website https://www.surveymonkey.com/r/TD7BVSX early January. Printed copies were made available throughout City Hall. The online link provided the option to submit the survey electronically or of downloading the survey for completion and submission to the City. The community's response to the survey strongly underlined the need for more affordable housing, homeless prevention, rental assistance and additional recreational services for the youth. The City, held its first Public Hearing on Wednesday March 1St, 2017. The second public hearing took place on March 231, 2017. At this meeting, the CDBG Advisory Board approved the FY 2017-2018 CDBG/HOME preliminary recommendations. The recommendations brought before the Board were presented with presumed numbers based on FY 2016-2017 with a 10% funding reduction since HUD had not yet announced final allocations. The Board reviewed the CDBG subrecipient applications that were received by the City to ensure they met the goals and objectives of the CDBG Program and `approved the preliminary recommendations. The CDBG Advisory Board did not approve final funding allocations until the June 14th CDBG Commission meeting when HUD officially released funding amounts for the CDBG and HOME Program. For the CDBG Program, HUD allocated the City a total of $1,189,997. The table below provides a list that contains the names of all CDBG recipients and the funding amounts recommended by the CDBG Board. CDBG Breakdown CDBG Administration For the CDBG Program, 20% of funds may be utilized towards Program administration. The Fair Housing Foundation will be reimbursed with CDBG admin money. Combined, the Fair Housing Foundation's allocation and the CDBG Admin allocation constitute a total of $237, 999.40, which is 20% of the overall CDBG budget. Public Service Agencies The CDBG Program allows up to 15% of its allocation to be used by'Public Service Agencies. The subrecipients considered to be Public Service Agencies in the table above are: Lynwood Athletics Community Services, City of Lynwood Recreation and Community Services Department (Senior Center and Lucy Avalos Center) and St. Francis Medical Center. Combined, these agencies make up a total amount of $133,498.80 or 11 % of the overall CDBG budget allocated. Capital Improvements CDBG funds may be used to improve public facilities and/or infrastructure provided the primary beneficiaries are low — and moderate -income Lynwood residents. For FY 2017-2018, the CDBG Board recommended that $555,000 in CDBG funds are used for one capital project: Peach Street (EI Segundo Boulevard to Weber Street). Code Enforcement CDBG funds may be used for code enforcement activities provided the program primarily benefits low and moderate income persons, and that such code enforcement "together with public or private improvements, rehabilitation, or services to be provided" will help arrest the decline of the area. The crux of this regulation is that any CDBG-funded code enforcement activity must have a direct nexus to the rehabilitation or improvement of housing in an eligible area. The CDBG Board approved $263,498.80 for the Development, Compliance and Enforcement Services Department to carry out eligible code enforcement activities in the City. Total $1,204,561 $1,139,115 $1,189,997 _ CDBG _ Amount FY 2016717 Requested (FY Recommended by !Name Allocation 17-18)_ _ Program/ActivityProgram/Activity Title , the CDBG Board CDBG Administration — HUD allows up to 20% admin- this will cover cost CDBG Admin $211,456 $211,456 associated with administering the day to day activities of the program. $227,999.40 Housing Services/activities consist of assisting the housing needs of low income residents. The City is required to provide this service as part of fair housing Fair Housing Foundation $10,000 $10,000 activities. $10,000 LACS: Funding is requested provide youth sports and recreational services to the Lynwood Athletics Community Lynwood community to strengthen and mentor urban youth and increase their Services $15,000 $15,000 capacity to improve their lives through healthy alternatives. $28,498.80 Lucy Avalos Community Center After School Programs — Funding is requested to allow afterschool programs to be offered at the newly constructed Lucy Avalos. Community Center. The center will be a local source of social, City of Lynwood Recreation and educational health and recreational services for the youth and families in the Community Services $0 $59,573 eastern areas of the Lynwood community. $75,000 Lynwood Senior Citizen Center - Funding is requested to provide a part-time staff person in the morning and afternoon hours to assist with daily meal service and referral services. The Center will provide housing, legal and health education City of Lynwood Recreation and workshops at the center, provide staff support to senior clubs and assist with the Community Services $50,000 $96,810 daily meal program. $25,000 Health Fairs Program — Funding is requested to provide health screening and education to low-income seniors 62 and older in Lynwood. The program is part of St. Francis' Healthy Community initiatives which consists of a series of events where seniors can access a range of support services to address health issues, St. Francis Medical Center $2,500 $6,935 such as diabetes, obesity, and hypertension. $5,000 Street Improvements — Funding is requested to perform street improvements in the City with the objective of eliminating deteriorating conditions of existing pavement, provide access to the disabled by installing wheelchair ramps, remove City of Lynwood Public Works and replace curb and gutter to eliminate ponding water that encourage mosquitos, Department $670,605 $469,641 also funding will be utilized to improve pedestrian safety. $555,000 Code Enforcement: Funding is requested for acquisition of hand held tablets to record information in proportion to the time spent in conducting inspections. Additionally, funding will be used to cover the cost of additional training and certification programs through the California Association of Code Enforcement Officers. The program will provide the ability to continue the efforts in ensuring the Development, Compliance and overall vitality of the community. Focusing on enforcement measures to address Enforcement Services $245,000 $269,700 the conditions of residential and commercial properties. $263,498.80 Total $1,204,561 $1,139,115 $1,189,997 �C HUD allocated $351,383 for the HOME Program for FY 2017-2018. Of these funds, 10% must be used towards -the administration of the Program, while at Feast 15% must be set aside for specific activities to be undertaken by a special type of nonprofit, Community Housing Development Organization (CHDO). The remaining 75% of funds can be used for the HOME Improvement Program, this Program allows homeowners to make necessary home improvements to fix unsanitary, unsafe and non-compliant conditions in the home and bring the property up to code. FY 16/17 Allocation HOME Program/ActivityProgram/Activity Title Amount Recommended $34,994 HOME Administration $35,135.30 $52,415 HOME CHDO Activities $52,707.45 $262,023 HOME Improvement Program $263,540.25 $349,432 Total $351,383 The 2017-2018 Annual Action Plan was prepared in accordance with HUD regulations, and outlines how the City will utilize estimated FY 2017-2018 CDBG and HOME funds to meet the objectives and goals of the Consolidated Plan. Upon approval by the City Council, the Action Plan will be submitted to HUD by the August 16, 2017 deadline. Fiscal Impact: As an entitlement City, Lynwood receives an annual funding allocation from the U.S. Department of Housing and Urban Development (HUD). For FY 2017-2018 the City has been allocated $1,189,997 of CDBG funds and $351,383 of HOME funds. Timely coordination with City Departments and CDBG subrecipients receiving funding from these programs will ensure that the City is properly reimbursed for expenditures. List Other Departments Attachments: Resolution FY 2017-2018 Annual Action Plan City of Lynwood Community Needs Survey RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE CONSOLIDATED ANNUAL ACTION PLAN AND FUNDING ALLOCATIONS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) GRANT FOR PROGRAM YEAR 2018 WHEREAS, in order to receive Community Development Block Grant (CDBG) and HOME Investment Partnership Grant (HOME) funds, the Department of Housing and Urban Development (HUD) requires cities to submit the Annual Action Plan which serves as a planning document, an application for federal funds, a strategy to be followed in carrying out CDBG and HOME funded activities and a basis for assessing performance; and WHEREAS, the City has received an allocation of $1,189,997 in CDBG and $351,383 in HOME funds for a total of $1,541,380 in federal funds available for Program Year 2018 (FY 17-18), to carry out goals set in the City's 5 -year Consolidated Plan; and WHEREAS, the City of Lynwood's Community Development Block Grant Advisory Commission has conducted the required Public Hearings to obtain citizen input as required by the Citizen Participation plan; and WHEREAS, the Lynwood City Council has reviewed the Annual Action Plan and taken into consideration public comments/input relating to Lynwood's community development and housing needs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The Lynwood City Council approves the Annual Action Plan for FY 17- im Section 2. The Lynwood City Council approves the following allocations and activities for FY 17-18, with the use of CDBG and HOME program funds: CDBG PROGRAM Amount HOME PROGRAM Amount CDBG Program Administration $227,999.40 HOME Program Administration $35,135.30 Fair Housing Foundation $10,000 CHDO Activities $52,707.45 FY 18 Street Improvements $555,000 HOME Rehabilitation Program $263,540.25 Code Enforcement $263,498.80 Senior Citizen Program $25,000 Lucy Avalos Center $75,000 St. Francis Health Fairs $5,000 LACS $28,498.80 TOTAL CDBG PROGRAM $1,189,997 TOTAL HOME PROGRAM $351,383 Section 3. This Resolution authorizes the submittal of the FY17-18 Annual Action Plan and CDBG and HOME funding applications and certifications tolhe U.S. Department of Housing and Urban Development (HUD). Section 4. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this 31ST day of July, 2017. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney 2 Maria T. Santillan-Beas Mayor APPROVED AS TO -CONTENT: Alma Martinez City Manager F L Y City of LYNWOOD California FY 2017-2018 Annual Action Plan k a Approved by City Council July 31, 2017 Submitted to: United States Department of Housing and Urban Development (HUD) Alma Martinez, City Manager Table of Contents ExecutiveSummary.......................................................................................................................5 AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b)................................................................... 5 PR -05 Lead & Responsible Agencies-91.200(b)............................................................................... 10 AP -10 Consultation -91.100, 91.200(b), 91.215(I)............................................................................ 11 AP -12 Participation —91.105, 91.200(c)............................................................................................ 15 ExpectedResources.....................................................................................................................17 AP -15 Expected Resources—91.220(c) (1, 2).................................................................................... 17 Annual Goals and Objectives.......................................................................................................19 AP -20 Annual Goals and Objectives - 91.420, 91.220(c) (3) & (e) ..................................................... 19 AP -35 Projects — 91.220(d)................................................................................................................ 23 AP -38 Projects Summary................................................................................................................... 24 AP -50 Geographic Distribution —91.220(f)........................................................................................ 28 AffordableHousing......................................................................................................................29 AP -55 Affordable Housing — 91.220(g)............................................................................................... 29 AP -60 Public Housing-91.220(h)...................................................................................................... 30 AP -65 Homeless and Other Special Needs Activities — 91.220(i)....................................................... 31 AP -75 Barriers to affordable housing— 91.220(j)...............................:.............................................. 33 AP -85 Other Actions — 91.220(k)........................................................................................................ 34 Program Specific Requirements....................................................................:..............................36 AP -90 Program Specific Requirements-91.220(I)(1,2,4).................................................................. 36 2 List of Tables Table 1: Responsible Agencies........................................................................................................ 10 Table 2: Agencies, Groups, Organizations who Participated........................................................... 12 Table 3: Other local/regional/state/federal planning efforts considered ....................................... 14 Table 4: Citizen Participation Outreach......................................................................................... 16 Table 5: Expected Resources - Priority Table................................................................................. 17 Table 6: Goal Summary Information............................................................................................. 19 Table7: Goal Descriptions............................................................................................................. 20 Table 8: Project Information.......................................................................................................... 23 Table 9: Project Summary Information......................................................................................... 24 Table 10: Geographic Distribution................................................................................................. 27 Table 11: One Year Goals for Affordable Housing by Support Requirement ................................ 28 Table 12: One Year Goals for Affordable Housing by Support Type .............................................. 28 Table 13: Program Income............................................................................................................ 35 Table 14: CDBG Requirements...................................................................................................... 35 Appendices A. Standard Form SF -424 Certifications B. Maps C. Public Notices/Public Comments 3 This Page is intentionally left blank Executive Summary AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) Introduction The City of Lynwood is one of the Gateway Cities in the County of Los Angeles. It is centrally located between two freeways, Interstate 105 and Interstate 710 and just 10 minutes from the Los Angeles International Airport. Incorporated in 1921, Lynwood is approximately 4.9 square miles with a population of approximately 70,700 residents. It is a dense and diversely multi -cultural City, and historically remains a bedroom community with a predominantly young population. Annually, the City receives Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD). These funds are used to develop viable communities by promoting integrated approaches that provide and expand economic opportunities for low and moderate -income persons. CDBG funds allow for a variety of eligible activities to meet community development and housing needs in the City of Lynwood. Examples of such activities include public service programs, infrastructure improvements, economic development activities and housing improvement programs. Summarize the objectives and outcomes identified in the Plan HUD regulations at 24 CFR 91.220(e) requires the City to identify objectives and. outcomes for planned Community Development Block Grant (CDBG) activities in accordance with a Federal Register Notice dated April 1, 2017. The objective categories include provisions for Decent Housing (DH), a Suitable Living Environment (SL), and Economic Opportunity (EO). The three outcome categories include: 1) Availability/Accessibility; 2) Affordability; and 3 ) Sustainability. Listed below is a summary of the objectives and outcomes: SLA Availability/ Accessibility for the Purpose of Creating a Suitable Living Environment CDBG PublicServices- Fair Housing CDBG Public Services -Senior Citizen Program CDBG Other Public Services SL -3 Sustainability for the Purpose of Creating a Suitable Living Environment CDBG Code Enforcement CDBG Public Improvements/Street Improvements DH -2 Affordability for the Purpose of Creating Decent Housing HOME Housing Rehabilitation HOME CHDO Project 5 Sort Order it Goal Category g ry Priority Need Need to be Addressed (Outcome/Objective) Funding Source Funding Amount Performance Indicator Goal Outcome Indicator DH — 2: AFFORDABILITY OF DECENT HOUSING DH -2.1 Housing Rehabilitation Non -Public Service HIGH Affordability to Homeowners through housing rehabilitation to assist in providing decent housing HOME $263,540.25 Numberof Households Assisted 2015 10 2016 10 2017 10 2018 10 2019 10 DH -2.2 CHDO PROJECTS Non -Public Service HIGH Affordability through housing development projects that assist in providing decent housing HOME $52,707.45 Number of Housing Units 2015 1 2016 1 2017 1 2018 1 2019 1 SL -1: AVAILABILITY/ACCESSIBILITY OF SUITABLE LIVING ENVIRONMENT SL -1.1 Fair Housing Public Service HIGH Suitable Living Environment through Public Services CDBG $10,000 Number of Per Assisted 2015 200 2016 200 2017 200 2018 200 2019 200 SL -1.2 Public Services Public Service HIGH Suitable Living Environment through Public Services CDBG $688,498.80 Number Persons Assisted 2015 120 2016 120 2017 120 2018 120 2019 120 SL -1.3 CDBG Program Administration Administra tion HIGH Suitable Living Environment through Administration CDBG $227,999.40 N/A 2015 N/A 2016 N/A 2017 N/A 2018 N/A 2019 N/A SL -1.4 HOME Program Administration Administra tion HIGH Suitable Living Environment through Administration HOME $35,138.30 N/A 2015 N/A 2016 N/A 2017 N/A 2018 N/A 2019 N/A SL -3: SUSTAINABILITY OF SUITABLE LIVING ENVIRONMENT SL -3.1 Code Enforcement Non -Public Service HIGH Suitable Living Environment through Code Enforcement Activities CDBG 263,498.80 Number s Housing Inspected Units Ins 2015 245 2016 245 2017 245 2018 245 2019 245 SL -3.2 Section 108 Loan Payments Non -Public Service HIGH Suitable Living Environment through Repayment of Loan for Improved facilities and infrastructure CDBG NSA Number of Businesses Assisted 2015 169 2016 0 2017 0 2018 0 2019 0 Evaluation of Past Performance The City adopted the following priority needs: Preservingthe Existing HousingStock • Increasing Affordable Housing Opportunities • Affirmatively Furthering Fair Housing • Addressing the Needs of Homeless Individuals, Families and Special Populations Providing Public Infrastructure Improvements Expandingthe City's Economic Base and Promoting.lob Opportunities The City of Lynwood has successfully completed two years of the 2015-2020 Five -Year Consolidated Plan despite the Great Recession and its impact on federal, state, and local funds. The City compared the 5 -year objectives to the 4 -year accomplishments for nine projects. In four years, the City's accomplishments for seven projects have exceeded the 5 -year objectives: code enforcement, street/alley improvements, senior services, fair housing, other . public services, housing rehabilitation program, and homeless prevention. The 5 -year objectives have not been met for two projects: sidewalk improvements and CHDO assisted housing units. In addition, Lynwood has allocated $4.6 million of Measure R Bond Funds to improve deteriorated/dilapidated streets throughout the City. Among the streets listed for repair are: Linden, Virginia, Josephine, Bradfield, Walnut, Redwood, Louise, Elmwood, and Olanda. These nine streets have been identified as the worst in the City and these improvements will add much needed improvements to Lynwood's infrastructure. On January 7, 2015, the CDBG Commission approved a Substantial Amendment for purposes of allocating CDBG funds to improve local streets. As a result, four additional streets will receive improvements located at Wisconsin Avenue, Sequoia Drive, Michigan Avenue and Cornish Avenue. Summary of Citizen Participation Process and Consultation Process Public Hearings and Meetings: Citizen participation is one of the most important components of the Consolidated Plan process. To solicit public input during the development of the Action Plan, the City conducted two public hearings before Lynwood's Community Development Block Grant (CDBG) Advisory Board Commission. The purpose of the first public hearing held on March 1, 2017 was to obtain the public's input on Lynwood's housing and community development needs. The notice of the public hearing explained that the primary concern will be the needs of low and very low income individuals and families, as well as the needs of the homeless, and people with disabilities. The City encouraged the participation of all residents, including non-English speaking persons and persons with disabilities. 8 In addition, the CDBG Commission held a second public hearing on March 23, 2017. The purpose of the public hearing was to review the applications for CDBG and the HOME Program and provide preliminary funding recommendations for the Annual Action Plan. HUD released final CDBG and HOME allocations in June 2017. A subsequent CDBG Board meeting was held on June 141h, 2017 where the Board approved final CDBG/HOME recommendations. One final meeting is planned with the City Council for Adoption of the Annual Action Plan prior to submission of the Plan to HUD. A summary of public hearing and meeting comments are presented in Table 4 — Citizen Participation Outreach. Housing and Community Development Needs Survey: The Survey was another means of obtaining public participation. Economic Development (job creation & job retention) was ranked as the highest priority by the persons responding to the Survey. Other high priority needs expressed by the respondents .included youth centers/youth services, first-time homebuyer assistance rental assistance, infrastructure improvements and anti-crime programs. All are eligible activities under either the CDBG or HOME Program; however, funding is limited under both program. The City will continue to seek other funds or partners to address these needs during the 2015-2020 period. Applications for Funding: On January 26, 2017, the City announced that it was soliciting proposals from community based organizations, nonprofits, City departments, and citizens interested in applying for funds and providing services to the Lynwood community. The application form requests a description of the need and/or problem to be addressed by the project. The deadline for submittal of the applications was Monday, March 6, 2017 at 5:00 pm. Public Review of Draft FY 2017-2018 Annual Action Plan: A 30 -day public review period was made available so interested parties could comment on the Draft Consolidated Plan. The public review period started on June 22, 2017 and ended on July 21, 2017. Summary of Public Comments See appendix C. Summary of Comments or Views Not Accepted and the Reasons for Not Accepting Them All comments accepted. See appendix C. Summary See appendix C. 9 PR -05 Lead & Responsible Agencies — 91.200(b) Agency/entity responsible for preparing/administering the Consolidated Plan Table 1— Responsible Agencies Narrative The City's CDBG and HOME programs are administered bythe Development, Compliance and Enforcement Services Department. Consolidated Plan Public Contact Information Alma Martinez City Manager City of Lynwood 11330 Bullis Road Lynwood, CA 90262 10 1-e A• 0MINI CDBG Administrator Lynwood Housing and Community Development Department HOME Administrator Lynwood Housing and Community Development Department Table 1— Responsible Agencies Narrative The City's CDBG and HOME programs are administered bythe Development, Compliance and Enforcement Services Department. Consolidated Plan Public Contact Information Alma Martinez City Manager City of Lynwood 11330 Bullis Road Lynwood, CA 90262 10 AP -10 Consultation — 91.100,91.200(b), 91.215(1) Introduction As part of this Action Plan development, the City undertook outreach activities to consult and coordinate with nonprofit agencies, government agencies and residents regarding the needs of the community. Outreach efforts have been summarized in the Executive Summary and Citizen Participation sections of this Consolidated Plan. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) The City of Lynwood enhances coordination and supports collaboration efforts with the public by supporting assisted housing providers as well as public and private agencies such as, the Los Angeles County Health Department, including the Childhood Lead -Based Paint Poisoning Prevention Program, the Housing Authority of Los Angeles County, the Los Angeles Homeless Services Authority, the Department of Health and Human Services, the Department of Housing and Urban Development (HUD), the California Department of Housing and Community Development (HCD), the Department of Social Services, the Fair Housing Foundation, local public service agencies, and Community Housing Development Organizations (CHDOs). Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly. chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Continuum of Care Strategy was consulted to provide information on homelessness and resources available. Several agencies that provide housing and supportive services for the homeless and those at risk of becoming homeless were identified. The City coordinates on an ongoing basis with the following homeless providers: Esther's House, Compton Welfare Rights Shelter; and Shields for Families, Inc. The City also coordinated with Path's (People Assisting the Homeless) efforts in the development of the Gateway Cities Homeless Action Plan. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Lynwood does not receive or allocate Emergency Solutions Grant (ESG) funds. The City collaborates with local service providers to meet the needs of the homeless. Also, the City continues to collaborate with LAHSA and local service providers to assist this segment of the population. 11 Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities Table 2 - Participating Agencies, Groups, Organizations 1 . • • s RITY • . •'Eg. e • What section of the Plan was addressed by Housing Need Assessment Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Anti -poverty Strategy How the Agency/Group/Organization consulted LAHSA was consulted as to the homeless count in the City and what are the anticipated outcomes of the of Lynwood. consultation or areas for improved coordination? 2 . e • . ' • • e . • Agency/Gtbup/O,rgarlizaitipriT�ype What section of the Plan was addressed by Social Service Consultation? How the Agency/Group/Organization consulted This agency was solicited for proposals to assist with and what are the anticipated outcomes of the social service needs. consultation or areas for improved coordination? 3 . e • . • ••0 ®-®. . . • . .- What section of the Plan was addressed by Social Service Consultation? How the Agency/Group/Organization consulted These departments were solicited for proposals to and what are the anticipated outcomes of the assist with social service needs. consultation or areas for improved coordination? q • ... e • e e . 0 What section of the Plan was addressed by Fair Housing Consultation? How the Agency/Group/Organization consulted This organization was consulted in regards to fair housing and what are the anticipated outcomes of the in the City of Lynwood. consultation or areas for improved coordination? 12 5 Agency Grou'plOrganizaltiort0 �'•. • • ® • • • • • . • Baqod, Poisoniag What section of the Plan was addressed by Lead-based Paint Strategy Consultation? How the Agency/Group/Organization consulted This Agency was contacted by phone about lead based and what are the anticipated outcomes of the paint cases in the City of Lynwood. consultation or areas for improved coordination? JNVESTIVIENT e•A•®. ,. • • • • What section of the Plan was addressed by Economic Development Consultation? Employment Training and Services How the Agency/Group/Organization consulted This organization was consulted about employment and what are the anticipated outcomes of the services available to Lynwood residents. consultation or areas for improved coordination? Identify any Agency Types not consulted and provide rationale for not consulting No agency type was excluded from providing input on the Plan. 13 Table 3 - Other local/regional/state/federal planning efforts considered when preparing the Plan '•Lead How •• the gpakof • overlap with the goalsofeach Organization plan? City Council City of Lynwood Goals include plans to improve the City through economic development, Goals public services, housing rehabilitation and development. Housing Planning The Housing Element provides goals and recommendations for improving Element Department/ housing conditions in the City of Lynwood. Lynwood Successor Agency Continuum of LAHSA LAHSA establishes goals and objectives that overlap and address the Care following areas of the 2015-2020 Consolidated Plan: SP -60 Homeless Strategy, MA -30 Homeless Facilities, AP -65 Homeless and other Special Needs Activities, NA -40 Homeless Needs Assessment. Table 3- Other local/regional/state/federal planning efforts considered Narrative (optional) The City will continue its coordination efforts with local, regional and federal agencies to further the goals and objectives of the Five Year Consolidated Plan. The City of Lynwood will continue to cooperate and coordinate with public and private agencies such as, the Los Angeles County Health Department, (specifically the Childhood Lead -Based Paint Poisoning Prevention Program), the Los Angeles County Housing Authority, the Los Angeles Homeless Services Authority, the Department of Health and Human Services, the Department of Housing and Urban Development (HUD), the California Department of Housing and Community Development (HCD), the Department of Social Services, the Fair Housing Foundation, local public services agencies, and Community Housing Development Organizations (CHDOs). 14 AP -12 Participation — 91.105, 91.200(c) Summary of citizen participation process/Efforts made to broaden citizen participation Public Hearings and Meetings: Citizen participation is one of the most important components of the Consolidated Plan process. To solicit public input during the development of the Action Plan, the City conducted two public hearings before Lynwood's Community Development Block Grant (CDBG) Advisory Board Commission. The purpose of the first public hearing held on March 1, 2017 was to obtain the public's input -on Lynwood's housing and community development needs. The notice of the public hearing explained that the primary concern will be the needs of low and very low income individuals and families, as well as the needs of the homeless, and people with disabilities. The City encouraged the participation of all residents, including non-English speaking persons and persons with disabilities. In addition, the CDBG Commission held a second public hearing on March 23, 2017. The purpose of the public hearing was to review the applications for CDBG and the HOME Program and provide preliminary funding recommendations for the Annual Action Plan. HUD released final CDBG and HOME allocations in June 2017. A subsequent CDBG Board meeting was held on June 14th, 2017 where the Board approved final CDBG/HOME recommendations. One final meeting is planned with the City Council for Adoption of the Annual Action Plan prior to submission of the Plan to HUD. A summary of public hearing and meeting comments are presented in Table 4 — Citizen Participation Outreach. Housing and Community Development Needs Survey: The Survey .was another means of obtaining public participation. Economic Development (job creation & job retention) was ranked as the highest priority by the persons responding to the Survey. Other high priority needs expressed by the respondents included youth centers/youth services, first-time homebuyer assistance rental assistance, infrastructu"re improvements and anti-crime programs. All are eligible activities under either the CDBG or HOME Program; however, funding is limited under both program. The City will continue to seek other funds or partners to address these needs during the 2015-2020 period. Applications for Funding: On January 26, 2017, the City announced that it was soliciting proposals from community based organizations, nonprofits, City departments, and citizens interested in applying for funds and providing services to the Lynwood community. The application form requests a description of the need and/or problem to be addressed by the project. The deadline for submittal of the applications was Monday, March 6, 17 at 5:00 pm. Public Review of Draft FY 2017-2018 Annual Action Plan: A 30 -day public review period was made available so interested parties could comment on the Draft Consolidated Plan. The public 15 review period started on June 22, 2017 and ended on July 21, 2017. Summary of public comments See appendix C. Summary of comments or views not accepted and the reasons for not accepting them All comments accepted. See appendix C. Summary See appendix C. Table 4 - Citizen Participation Outreach Table 4 — Citizen Participation Outreach 16 .. 1. Public Hearing Minorities All comments accepted Non-targeted/broad community Residents of Assisted See Appendix C See Appendix C Housing Applicant Organizations 2 Public Comment Non English Speaking- All comments accepted Period Specify other language: Spanish Non-targeted/broad community See Appendix C See Appendix C Residents of Assisted Housing Applicant Organizations Table 4 — Citizen Participation Outreach 16 Expected Resources AP -15 Expected Resources — 91.220(c) (1, 2) Introduction Table 5 - Priority Table Table 5- Expected Resources — Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Like most cities Lynwood's needs far exceeds the available funding from the CDBG and HOME programs. The HOME program requires that for every HOME dollar spent, the City must provide a 25 percent match with non-federal dollars. However, in FY 2016-17, the City was granted a 100 percent match reduction and no matching funds were required. Match requirements were published in June 2016 at https://www.hudexchange.info/resource/4422/home-match- reductions/. Match reductions have not been posted for 2017 yet, but it is anticipated that Lynwood will have a 100% match reduction again, based on it being reduced over the last years. 17 Funds Annual Program income:$ Amount Available Reminder of Con Plan DescriptionFurift HOME CDBG ' public- Acquisition HOMEfunds CDBGfunds federal federal Admin and will be used to will used to assistance Planning carry out the carry out the Homeowner Economic goals and goals of the rehab Development objectives of Consolidated Multifamily rental Housing the Plan new construction Public Consolidated Multifamily rental Improvements Plan rehab Public5ervices $1,189,997 $1,174,755 $2,364,752 ' Table 5- Expected Resources — Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Like most cities Lynwood's needs far exceeds the available funding from the CDBG and HOME programs. The HOME program requires that for every HOME dollar spent, the City must provide a 25 percent match with non-federal dollars. However, in FY 2016-17, the City was granted a 100 percent match reduction and no matching funds were required. Match requirements were published in June 2016 at https://www.hudexchange.info/resource/4422/home-match- reductions/. Match reductions have not been posted for 2017 yet, but it is anticipated that Lynwood will have a 100% match reduction again, based on it being reduced over the last years. 17 Funds F_An_nu_a1____1 Program income:$ Amount Available Reminder of Con Plan D-scription HOME public- Acquisition HOMEfunds federal Homebuyer will be used to assistance carry out the Homeowner goals and rehab objectives of Multifamily rental the new construction Consolidated Multifamily rental Plan rehab ' Newconstruction for ownership TBRA $351,383 $351,309 $702,692 Table 5- Expected Resources — Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Like most cities Lynwood's needs far exceeds the available funding from the CDBG and HOME programs. The HOME program requires that for every HOME dollar spent, the City must provide a 25 percent match with non-federal dollars. However, in FY 2016-17, the City was granted a 100 percent match reduction and no matching funds were required. Match requirements were published in June 2016 at https://www.hudexchange.info/resource/4422/home-match- reductions/. Match reductions have not been posted for 2017 yet, but it is anticipated that Lynwood will have a 100% match reduction again, based on it being reduced over the last years. 17 If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Not Applicable Discussion See Above 18 Annual Goals and Objectives AP -20 Annual Goals and Objectives - 91.420, 91.220(c) (3) & (e) Table 6- Goals Summary Information Sort Order# Goal Category Priority Need Need to be Addressed (Outcome/Objective) Funding Source Funding Amount Performancelndicator Goal Outcome Indicator DH — 2: AFFORDABILITY OF DECENT HOUSING DH —2.1 Housing Rehabilitation Non -Public Service HIGH Affordability to Homeowners through housing rehabilitation to assist in providing decent housing HOME $263,540.25 Number of Households Assisted 2015 10 2016 10 2017 10 2018 10 2019 10 DH —2.2 CH DO PROJECTS Non -Public Service HIGH Affordability through housing development projects that assist in providing decent housing HOME $52,707.45 Number of Housing Units 2015 1 2016 1 2017 1 2018 1 1 2019 1 SL -1: AVAILABILITY/ACCESSIBILITY OF SUITABLE LIVING ENVIRONMENT SL -1.1 Fair Housing Public Service HIGH Suitable Living Environment through Public Services CDBG $10,000 Number of Persons Assisted 2015 200 2016 200 2017 200 2018 200 2019 200 SL -1.2 Public Services Public Service, HIGH Suitable Living Environment through Public Services CDBG $688,498.80 Number s Persons Assisted 2015 120 2016 120 2017 120 2018 120 2019 120 SL -1.3 CDBG Program Administration Administration HIGH Suitable Living Environment through Administration CDBG 227,999.40 N/A 2015 N/A 2016 N/A 2017 N/A 2018 N/A 2019 N/A SL -1.4 HOME Program Administration Administration HIGH Suitable Living Environment through Administration HOME 35,138.30 N/A 201S N/A 2016 N/A 2017 N/A 19 Table 6 — Goals Summary Table 7 - Goal Descriptions 1 Goal Name Improve existing housing through code enforcement Goal Description The City will ensure that its housing stock provides decent, safe and sanitary housing. 2 Goal Name 2018 N/A 2019 N/A SL -3: SUSTAINABILITY OF SUITABLE LIVING ENVIRONMENT SL -3.1 Code Enforcement Non -Public Service HIGH Suitable Living Environment through Code Enforcement Activities CDBG $263,498.80 Number of Housing Units Inspected 2015 245 2016 245 2017 245 2018 245 2019 245 SL -3.2 Section 108 Loan Payments Non -Public Service HIGH Suitable Living Environment through Repayment of Loan for Improved facilities and infrastructure CDBG N/A Number of Businesses Assisted 2015 169 2016 0 " 2017 0 2018 0 2019 0 Table 6 — Goals Summary Table 7 - Goal Descriptions 1 Goal Name Improve existing housing through code enforcement Goal Description The City will ensure that its housing stock provides decent, safe and sanitary housing. 2 Goal Name Rehabilitate the existing housing stock -Owner Goal Description The City will financially assist homeowners to rehabilitate their homes to the standards mandated by the HOME program, 3 Goal Name Rehabilitatethe existing housing stock-CHDO Goal Description Rehabilitate the existing housing stock through the efforts of a non-profit CHDO. 4 Goal Name Improve the well-being of low income persons Goal Description The City will provide financial support to the Senior Citizen Program. 5 Goal Name Achieve fair housin for all Goal Description The City will continue to fund a fair housing provider that will investigate housing discrimination 20 6 Goal Name Section 108 Loan Payment Goal Description Debt service payments on a Section 108 loan the proceeds of which provided expansion, rehabilitation and development of the Plaza Mexico commercial development. Currently the City has no Section 108 loan payment obligations. 7 Goal Name CDBG Administration Goal Description The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The_ City will continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG regulations. 8 Goal Name HOME Administration Goal Description The City will implement the goals and objectives of the Consolidated Plan by delivering housing programs and activities. The City will continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and HOME regulations. Table 7 — Goal Descriptions 21 Estimate the number of extremely low-income, low-income, and moderate -income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b): Annual Goals, Objectives and number of low-income persons or households assisted are identified in Section AP -20: Annual Goals and Objectives, for each proposed activity by type of fund, including HOME. 22 AP -35 Projects — 91.22O(d) Introduction The 2017-2018 Annual Action Plan describes all available resources and lists activities by type. The City will use CDBG, HOME, and all available resources to provide and or expand affordable housing opportunities and to address community development needs. The Annual Action Plan includes the Standard Forms 424, which are the formal applications to HUD for CDBG and HOME funds. Table 8 — Project Information # 1 CDBG Administration 2 Fair Housing Foundation 3 Recreation and Community Services: Lucy Avalos Center After School Program 4 Recreation and Community Services: Senior Center Programming 5 St. Francis Medical Center 6 Public Works: Street Improvements 7 Housing & Development: Development Compliance & Enforcement Services Table 8 — Project Information CDBG Project Information By Category (Admin, Public Service, Non -Public Service) Administration CDBG Administration $227,999.40 Public Services HOME HDI# Activities Fair Housing Foundation $10,000 Lucy Avalos Center After School Program $75,000 Senior Center Programming $25,000 St. Francis Medical Center $5,000 Lynwood Athletics Community Services $28,498.80 Sub -Total Public Services Non -Public Services Public Works: Street Improvements $555,000 Development Compliance & Enforcement Services $263,498.80 Sub -Total Non -Public Services TOTAL $1,189,997 Table 8.1— Project Information • 23 dministration HOME HDI# Activities ROME ImprovementProgram 23 HOME Project Information by Category (Admin, CHDO, HOME Improvement Program) Administration I Project Name Target Area HOME Administration $35,135.30 CHDO Administration HOME CHDO ACTIVITIES $52,707.45 Non -Public Services Planning and Administration HOME Improvement Program $263,540.25 TOTAL $351,383 Describe the reasons for allocation priorities and any obstacles to addressing underserved needs For FY 2017-2018, The City has a CDBG budget of $1,189,997 and home budget of $351,383. The available funds were allocated to projects that contribute to achieving the priority needs and goals established by the 5 -Year Strategic Plan. The projects are consistent with the citizen input received during the development of the Consolidated Plan. The projects were approved by the Lynwood Community Development Block Grant (CDBG) Advisory Board Commission. One of the greatest obstacles in addressing underserved needs of low-income persons is having limited financial resources. The City will continue to use CDBG funding to support public service agencies and City departments that address the special needs of the underserved, including the elderly, frail elderly, and persons belonging to protected classes that have been victims of housing discrimination. AP -38 Projects Summary Table 9 - Project Summary Information 1 I Project Name Target Area CDBG ADMINISTRATION City of Lynwood Administration Planning and Administration CDBG: $227,999.40 ® PAYS FOR THE DEVELOPMENT, DESIGN, IMPLEMENTATION, AND COMPLIANCE OF ALL CDBG-FUNDED PROJECTS o- 6/30/2018 behetitfrom(heor.- 'd oppse This program will pay for the administration of CDBG programs and projects. Citywide CDBG ADMINISTRATION Z ;afrget Area, Fair Housing Foundation City of Lynwood Promote Equal Housing Opportunity Public Service CDBG: $10,000 Description CDBG funds will be used to provide fair housing services to residents to prevent discrimination, provide referrals, investigations, case management, and litigation, and resolve landlord tenant disputes. ,• 6/30/2018 Approximately 200 people will be served during the program year. e o 3605 Long Beach Blvd., #304, LB, CA 90807 24 25 See above. 3 Project Name St. Francis Medical Center Foundation Improve the wellbeing of low-income persons Public Service CDBG: $5,000 Health educational services to 180 elderly persons. �• 6/30/2018 Approximately 180 people will be served during the program year. 3630 E. Imperial Highway, Lynwood, CA 90262 See above 4 Recreation and Community Services: Lucy Avalos Community Center After School Program Citywide Improve the wellbeing of low-income persons Public Service CDBG:$75,000 Educational and recreational services for youth and families. �. 6/30/2018 Approximately 100 people will be served during the program year. . - 11301 Bullis Road, Lynwood, Ca 90262 —See-above----- -- _.--------- -- -- -- 5 City of Lynwood Recreation and Community Service Lynwood Senior Center Citizen Center Improve the wellbeing of low-income persons Public Service CDBG:$25,000 Education and nutritional health services to low-income seniors citywide. �• 6/30/2018 Approximately 100 people will be served during the program year. 11301 Bullis Road, Lynwood, Ca 90262 See above 6 City of Lynwood Public Works Department: Street Improvements Citywide Eligible Areas Public Facility and Infrastructure Needs Non -Public Service $555,000 Improve deteriorated streets, provide access through ramps, replace curbs and gutters and improve pedestrian safety. �• 6/30/2018 Estimate the number and type of faMillesthat will activities See eligible census tracts and block groups for number of persons to be served. Citywide See Above 25 7 26 'Area vices CODE Compliance and Enforcement Sertarget City of Lynwood -Eligible Areas Neighborhood Preservation Neighborhood Preservation CDBG: $263,498.80 Description ENFORCEMENT OF MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE AND ZONING IN LOW - AND -MODERATE INCOME AREAS AND SLUM/BLIGHT AREAS. - �• 6/30/2018 CDBG funds will pay for code enforcement activities for housing units in low and moderate income areas and or slum blight areas. � - Activities will be undertaken in the low and moderate income census tracts and slum blight census tracts in the City. Assist residents with bringing their homes up to code. $ Project Name Area( vices Lynwood Athletics Community SerTarget City of Lynwood Improve the wellbeing of low-income persons Public Service CDBG: $28,498.80 ts and recreational activities e • Youth sporEstimaterthe Target e• 6/30/2018 number and ts and recreational activities for (High School) students in low -and CDBG funds will pay for youth sportVpei, of families that wilU moderate or slum blight areas. n - 4050 Imperial Highway, Lynwood, CA 90262 See above 9 HOME ADMINISTRATION Project Name TaraedtArw Citv of L nwoad Administration Administration Table 9— Project Summary Information 27 HOME: $35,138.30 a PAYS FOR DEVELOPMENT, DESIGN, IMPLEMENTATION, AND COMPLIANCE OF HOME-FUNDED PROJECTS. 1• 6/30/2018 type of families thdtWiW benefitfrom the, proposed. activities HOME administration pays for staff and consultants to carry out HOME funded activities. Citywide See above 10 SECTION 108 LOAN REPAYMENT Goalssuppqrted City of Lynwood Section 108 Loan Repayment Repayment of section 108 CDBG: REPAYMENT OF SECTION 108 LOAN • The City has paid Section 108 loan obligations. The City has paid Section 108 loan obligations. Location Description — 1 Citywide See above See above CHDO Project City of Lynwood Rehabilitate the existing housing stock Improve the existing housing stock HOME: $ $316244.7 With HOME funds, the City will assist a non-profit to acquire and rehabilitate an existing property. o• 6/30/2018 Assist 1 very low to moderate-income household. • . Citywide See above 12 Target Areq� HOME Improvement Program City of Lynwood • • • . • .. Rehabilitate the existing housing stock Improve the existing housing stock HOME: $263,540.25 n With HOME funds, the City will assist low income residents in performing needed repairs to bring their properties up to code. • June 30, 2018 The HOME Improvement Program will assist low and moderate income residents in the City of Lynwood. from the proposed act' Citywide Table 9— Project Summary Information 27 AP -50 Geographic Distribution — 91.22O(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Lynwood has four distinct geographic areas: City-wide, Area Benefit Neighborhoods, Deteriorated and Deteriorating Areas, and Not Applicable. CDBG investment for Fair Housing, Senior Citizen Program and Other Public Service Programs is made on a citywide basis. HOME investment for the CHDO Project and Housing Rehabilitation Program is made on a citywide basis. CDBG Infrastructure/Public Works improvements are made in Area Benefit Neighborhoods, that is in block groups where 51% of the population have low to moderate incomes. CDBG investment for code enforcement is accomplished in deteriorated areas. On August 20, 2013, the City transmitted a letter to HUD LA which described the CDBG target code enforcement areas and the qualifying conditions in each census tract. The five census tracts comprising the deteriorated areas are: 5400, 5402,5403, 5405, and 5418. The not applicable area is for CDBG and HOME Administration activities. Table 10 - Geographic Distribution Table 10- Geographic Distribution Rationale for the priorities for allocating investments geographically Some activities are intended to serve only income -eligible persons and these are accomplished on a city-wide basis. Other activities such as infrastructure improvements can be accomplished in area benefit neighborhoods per CDBG regulations. Code enforcement can only be implemented in areas where there are low-income persons, that qualify as deteriorated and where other community efforts are being undertaken. Discussion Refer to narratives above. 28 Area Benefit 45% City-wide 11% Deteriorated/Deteriorating Areas 24% Not Applicable 20% Table 10- Geographic Distribution Rationale for the priorities for allocating investments geographically Some activities are intended to serve only income -eligible persons and these are accomplished on a city-wide basis. Other activities such as infrastructure improvements can be accomplished in area benefit neighborhoods per CDBG regulations. Code enforcement can only be implemented in areas where there are low-income persons, that qualify as deteriorated and where other community efforts are being undertaken. Discussion Refer to narratives above. 28 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction The City plans to use its HOME funds to support the rehabilitation of the existing stock of owner -occupied housing units. The goal is to rehabilitate 10 housing units through the HOME - funded Housing Rehabilitation Program. The goal is to rehabilitate one housing unit through the CHDO project. The Housing Authority of the County of Los Angeles administers the Section 8 Housing Choice Voucher program within Lynwood. There are currently 422 Lynwood families receiving Section 8 rental assistance. The needs of the homeless are handled through nonprofit organizations and the CoC (LAHSA). Table 11- One Year Goals for Affordable Housing by Support Requirement Homeless Non -Homeless Special -Needs Total Table 11- One Year Goals for Affordable Housing by Support Requirement Table 12- One Year Goals for Affordable Housing by Support Type Rental Assistance 422 The Production of New Units 0 Rehab of Existing Units (Housing Rehab) 11 Acquisition of Existing Units (1't time homebuyer) Total 433 Table 12 - One Year Goals for Affordable Housing by Support Type Discussion Refer to the above narrative 29 AP -60 Public Housing -9.1.220(h) Introduction The City does not have public housing. The Housing Authority of the County of Los Angeles administers the Section 8 Housing Choice Voucher program within Lynwood. There are currently 422 Lynwood families receiving Section 8 rental assistance and approximately 200 more residents on the waiting list. The amount of time spent on the waiting list often varies and can be as long as several years. Actions planned during the next year to address the needs to public housing Not applicable to the City of Lynwood. Actions to encourage public housing residents to become more involved in management and participate in homeownership Not applicable to the City of Lynwood. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable to the City of Lynwood. Discussion See discussions above. 30 J AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The Los Angeles Homeless Services Authority (LAHSA), a Joint Powers Authority (JPA), is the lead agency in the Los Angeles Continuum of Care and coordinates funds for programs providing shelter, housing and services to homeless persons in Los Angeles County. LAHSA partners with the County of Los Angeles to integrate services and housing opportunities to ensure a wide distribution of service and housing options throughout the Los Angeles Continuum of Care. The City of Lynwood is located in Service Planning Area (SPA) 6 and will continue to collaborate with LAHSA and other local agencies in providing services for homeless persons. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Lynwood is not a direct provider of homeless services. The City will not allocate 2017- 2018 CDBG funds to a homeless service provider. The City does however, refer homeless persons to emergency shelters, transitional housing, and supportive housing operated by public and private agencies located near the City. The City collaborates with LAHSA. The City participated in LAHSA's 2017 Homeless Youth and Homeless Adult Count, which were conducted in January 2017. Addressing the emergency shelter and transitional housing needs of homeless persons The City of Lynwood is not a direct provider of homeless services. It does refer homeless persons to emergency shelters, transitional housing and supportive housing operated by public and private agencies located near the City. The City also amended the Zoning Code to include provisions for transitional and supportive housing. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City refers homeless services available in close proximity to Lynwood. As previously mentioned, the City also amended the Zoning Code to permit the development of transitional and supportive housing. Helping low-income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: being discharged from publicly funded 31 institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. Again the City is not in a position to directly assist those that are homeless with housing or supportive services. Instead the City will continue to refer clients to LAHSA, 2-1-1, and local nonprofits that may be able to assist depending on the need of the client. Discussion See Above 32 AP -75 Barriers to affordable housing — 91.220(j) Introduction The City's 2013-2014. Housing Element examined in detail public sector barriers to affordable housing private sector barriers also exist such as land and construction costs. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. Actions to eliminate or ameliorate barriers have been implemented such as zoning provisions for transitional and supportive housing. The City also provides density bonuses to encourage and facilitate the development of affordable housing. Affordable housing developments are expedited through the entitlement process. Additionally, fee waivers, deferrals or reductions are evaluated on a case-by-case basis. Barriers to affordable housing also exist in the private sector. For multi -family rental housing, the cost of renting has increased and can be a barrier to affordable housing. To mitigate this barrier the City intends to acquire and rehab rental housing as necessary to provide safe, decent and affordable long term housing by utilizing the low HOME rental amount and allowing for the utility allowance. Unfortunately, due to the extensive cost per rental unit, this program will only be implemented to the extent that HOME funds are available. Discussion See Above 33 AP -85 Other Actions — 91.220(k) Introduction The priority needs established in the Five -Year Consolidated Plan form the basis for establishing objectives and outcomes in the FY 2017-18 One -Year Action Plan, which are as follows: Address obstacles to meet underserved needs; Foster and maintain affordable housing; Reduce lead-based paint hazards; Promote equal housing opportunity; Reduce the number of poverty -level families; Develop institutional structure; Enhance coordination between public and private housing and social service agencies; and Planning and Administration. Actions planned to address obstacles to meeting underserved needs Lynwood's special needs groups include disabled persons, single -parent households, persons with drug and/or alcohol addiction, elderly and frail elderly people, persons with AIDS and related diseases and include families below poverty, the homeless and those at risk of becoming homeless. The primary obstacle to meeting the underserved needs in the City of Lynwood is a lack of available funding to the City and to the various non-profit agencies that assist the City in serving the low and moderate -income residents. As entitlement grants shrink or remain level -funded, the cost of delivering services and completing projects increase, resulting in financial obstacles to meet needs. Although the availability of Federal, state and other private resources continue to decline, the City has been able to meet underserved needs by leveraging General funds with CDBG and HOME funds. Lynwood provides people with special needs with various services, activities and programs operated by the City and public and private agencies and institutions. Actions planned to foster and maintain affordable housing The implementation of new housing policies and procedures have enhanced and expedited housing development and rehabilitation activities. Home improvement financial assistance will continue to be provided to low income families to reserve housing standards. Code enforcement activities will remain an important component for maintaining and improving Lynwood's housing stock, focusing on problems that threaten safety and security. Through these efforts housing affordability will be maintained. Actions planned to reduce lead-based paint hazards The City will continue to provide information and education to households regarding lead-based paint hazards by distributing Lead Based Paint brochures to all persons seeking to improve their homes and contractors performing the renovations. The City will continue Lead Based Paint Hazard Assessments as part of the HOME -funded Housing Rehabilitation Program. The City contracts with qualified firms 34 to conduct property inspections and risk assessments for rehabilitation projects. When found, lead- based paint hazards are abated or remediated. Actions planned to reduce the number of poverty -level families The City will continue to provide resources to households living in poverty through networks of social and public service agencies and programs. Specifically, poverty -level families will receive: health education services, fair housing services, recreational services, improved infrastructure and referrals to County services offering other financial assistance. Also, during FY 2017-2018 the City will collaborate with the Housing Authority of the County of Los Angeles where rental assistance vouchers will be provided to Lynwood families. Actions planned to develop institutional structure The City of Lynwood works with a wide range of public and community social service agencies to meet and address the various needs of the community. In FY 2017-20181 City staff will continue to collaborate internally, as well as with local non-profit groups and other County, State, and Federal organizations. The City is a member of the Gateway Cities Council of Governments, an organization that is a key element of the institutional structure. Actions planned to enhance coordination between public and private housing and social service agencies The City has made a concerted effort to eliminate institutional gaps and to enhance coordination of programs to all segments of the community. The City and community based organizations work closely with governmental entities and community commissions and activities to determine the critical needs of households, in order to ensure CDBG and HOME -funded activities address gaps in services. Public hearings and forums are held throughout the Program Year to obtain community input. The City also works with the Los Angeles Homeless Services Authority (LAHSA) to provide critical information regarding homeless services and identifying and prioritizing gaps and needs in the regional system of care. The City participated in the January2017 Homeless Count organized by LAHSA. Discussion See Above 35 Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1)(1,2,4) Community Development Block Grant Program (CDBG) 24 CFR 91.220(1)(1) Introduction Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. Table 13 — Program Income 1. The total amount of program income that will have been received before 0 2. the start of the next program year and that has not yet been reprogrammed 100% 2. " The amount of proceeds from section 108 loan guarantees that will be 0 used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the 0 planned use has not been included in a prior statement or plan 5. The amount of income from float -funded activities 1 0 Total Program Income: 1 0 Table 13 — Program Income Other CDBG Requirements Table 14 — CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will 100% be used for activities that benefit persons of low and moderate income. Overall Benefit—A consecutive period of one, two or three years may be used to determine the minimum overall benefit of 70% of CDBG funds is used to benefit persons o low and moderate income. Specify the years covered that include this Annual Action Plan. Table 14 - CDBG Requirements 36 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: 92.205(b) describes how the City may invest HOME funds (i.e. equity investments, deferred payment loans, etc.). The City plans to use only the forms of investment and assistance that are explicitly listed in 92.205(b). No other forms of investment and assistance are planned in FY 2017-2018. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: In FY 2017-2018, the City does not plan to use,HOME funds for homebuyer assistance. However, some homebuyers that were assisted in prior years may decide to sell their homes during the upcoming year. In that event, the City will enforce the resale and recapture guidelines established below. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. See 24 CFR 92.254(a)(4) are as follows: The City has adopted formal program guidelines and has established provisions for the recapture of the HOME investment according to the federal regulations (Section 92.254). The resale and recapture provisions are described in the City of Lynwood's First -Time Home Buyer Guidelines. The provisions are described to the program participants prior to the purchase of the home. The Guidelines (Section VI, Part E) contain the following Resale/Recapture provisions: RECAPTURE. This requirement is a mechanism to recapture all of the direct amount of HOME assistance if the HOME recipient decides to sell the house within the affordability period at whatever price the market will bear. Recaptured funds may be used for any HOME -eligible activity. To ensure affordability, the City has established the following recapture requirements: 1. The homebuyer may sell the property to any willing buyer. 2. The sale of the property during the affordability period triggers repayment of the direct HOME subsidy that the buyer received when he/she originally purchased the home. 3. The City will recapture the entire amount of the HOME assistance from the homeowner under the following conditions: a) upon the sale of property; 2) upon the transfer of title; 3) when the property is no longer the participant's principal residence; 4) when the house is refinanced with cash out. (Refinancing is permitted only to reduce the homeowner's monthly payment). 4. Owner investment returned first. The City will allow the homeowner to recover the homeowner's entire investment (down payment and capital improvements 37 made by the owner since the purchase of the property) before recapturing the HOME investment. 5. Amount subject to recapture. The HOME investment that is subject to recapture is based on the amount of HOME assistance that enabled the homeowner to buy the dwelling unit. This includes any HOME assistance that reduced the purchase price from the fair market value to an affordable price. The recaptured funds will be used by the City to carry out HOME -eligible activities. 6. The recapture requirement will be enforced by the following legal documents that will include the recapture requirements: a. A recorded Subordinate Deed of Trust securing repayment of the HOME subsidy. b. A recorded promissory Note secured by a Deed of Trust. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City does not currently plan to use HOME funds to refinance existing debt secured by multifamily housing. Discussion See Above 38 Appendix A: Standard Form SF -424, Certifications, and City Resolution 39 Appendix B: Maps 40 2010 CDBG ELIGIBLE AREAS Appendix C: Public Notices/ Public Comment 41 J PUBLIC NOTICE/ PUBLIC HEARING CITY OF LYNWOOD NOTICE OF AVAILABILITY OF FUNDS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PARTNERSHIP INVESTMENT (HOME) PROGRAM FISCAL YEAR 2017-2018 Public Notice of Available of Funds The City of Lynwood receives an annual funding allocation in Community Development Block Grant (CDBG) and in HOME Partnership Investment (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). These funds are to be used to develop viable communities by promoting integrated approaches that provide decent .housing, a suitable living environment, and expand economic opportunities for low and moderate income persons. CDBG and Home funds allow for a variety of eligible activities to assist low and moderate income persons. Examples include home improvement, capital improvements, public services programs, and economic development activities. Lynwood is currently soliciting proposals from community- based organizations, nonprofits, City departments, and citizens interested in applying for these funds and providing services to the Lynwood community. Applications can be obtained by calling the CDBG Division at (310) 603-0220, extension 269 or you may email Andre Dupret, Interim Director of Development, Compliance & Enforcement Services at adupret@lynwood.ca.us. Applications are also available at the City of Lynwood's website. The deadline to submit applications/proposals is Monday, February 27, 2017 at 5:00 p.m. Public Hearing for Housinq and Community Development Needs The City wants your input: Lynwood's Community Development Block Grant (CDBG) Advisory Board Commission will be hosting a Public Hearing on February 15, 2017 at Lynwood City Hall Council Chambers, 11330 Bullis Road, Lynwood, California @ 6:00 P.M. to obtain the public's input on Lynwood's housing and community development needs. Of primary concern will be the needs of low and very low-income individuals and families, as well as the needs of the homeless, and people with disabilities. The City encourages the participation of all citizens, including non-English speaking persons as well as persons with disabilities. If you would like to attend the Public Hearing and have a special need, or have questions, please contact the CDBG Division at (310) 603-0220, extension 269. PUBLISH: January 26, 2017 PUBLIC NOTICE/SPECIAL MEETING CITY OF LYNWOOD CDBG COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADVISORY BOARD FISCAL YEAR 2017-2018 NOTICE OF PUBLIC HEARING — City of Lynwood, California PUBLIC NOTICE is given to all persons in the City of Lynwood of a special CDBG Advisory Board meeting on Thursday, March 23rd, 2017 at 6:OOpm at the City Hall Council Chambers, 11330 Bullis Road, Lynwood, CA 90262. The City of Lynwood receives an annual funding allocation in Community Development Block Grant (CDBG) and in HOME Partnership Investment (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). These funds are to be used to develop viable communities by promoting integrated approaches that provide decent housing, a suitable living environment, and expand economic opportunities for low and moderate income persons. CDBG and Home funds allow for a variety of eligible activities to assist low and moderate income persons. Examples include home improvement, capital improvements, public services programs, and economic development activities. The City of Lynwood issued a notice soliciting proposals on January 26th, 2017 from community based organizations, nonprofits, City departments, and citizens interested in applying for these funds and providing services to the Lynwood community. The deadline to submit applications/proposals was originally Monday, February 27th, 2017 at 5:00 p.m.; however, it was extended to Monday, March 6th, 2017 at 5:OOpm. The purpose of the special meeting is to review the applications submitted and make preliminary recommendations on the eligibility of activities to be conducted by subrecipients. Published March 2"d, 2017 Public Notice 30 -Day Comment Period and Council Meeting City of Lynwood, California Proposed CDBG and HOME Annual Action Plan FY 2017-2018 30 -Day Comment Period and Council Meeting In accordance with the Citizen Participation Plan, the City of Lynwood hereby notifies the general public of the proposed Community Development Block Grant (CDBG) and HOME Annual Action Plan FY 2017- 2018. The Annual Action Plan is required by the U.S. Department of Housing and Urban Development (HUD) for annual funding under the guidelines of an entitlement city. The HUD Annual Action Plan identifies how the City plans to use the federal money during the next fiscal year to meet the goals and objectives approved by the City Council in the Five -Year Consolidated Plan FY 2015-2020. The City of Lynwood expects to have approximately $1,057,279 in CDBG funds for fiscal year 2017-2018 (July 1, 2017 — June 30, 2018) and approximately $314,807 in HOME funds for fiscal year 2017-2018 (July 1, 2017 — June 30, 2018). Priority funding for CDBG and HOME activities are given to activities that: • have a high benefit to low and moderate income persons; • have a detailed plan for permanent funding; • are likely to achieve their objectives and be successful; • use other public and private sources to the greatest extent possible; • support or coordinate with other community development efforts; • present a reasonable, sound budget; and • are implemented by organizations with a solid track record. HUD funding allocations have not been determined by the U.S. Department of Housing and Urban Development, we are basing FY 17-18 estimates on previous Fiscal Years' funding allocations. The current federal administration has indicated that budget cuts will be made to HUD Programs, this may result in funding reductions for these Programs. Public Comment Period: The plan will be available for a 30 -day public review and comment period beginning on March 30th, 2017 and ending on April 29th, 2017. The Annual Action Plan is available on the City of Lynwood's website at http://lynwood.ca.us/ or as a hardcopy at the following locations: Lynwood City Clerk's office, 11330 Bullis Rd, Lynwood, CA 90262 Lucy Avalos Community Center, 11832 Atlantic Avenue, Lynwood CA 90262 Lynwood Library, County of Los Angeles Public Library, 11320 Bullis Road, CA 90262 Council Meeting: The Annual Action Plan is scheduled for presentation to the Lynwood City Council on May 16th, 2017 at 6:OOpm at the City Council Chambers, 11330 Bullis Rd, Lynwood, CA 90262. For more information, please contact Andre Dupret, Interim Development, Compliance & Enforcement Services Director, at (310) 603-0220, ext. 268, or direct written comments addressed to the City Manager's Office, Attention: Andre Dupret, 11330 Bullis Rd, Lynwood, CA 90262. (TO BE PUBLISHED ON: Thursday March 30th, 2017) Public Notice 30 -Day Comment Period and Council Meeting City of Lynwood, California CDBG and HOME Annual Action Plan FY 2017-2018 30 -Day Comment Period and Council Meeting In accordance with the Citizen Participation Plan, the City of Lynwood hereby notifies the general public of the proposed Community Development Block Grant (CDBG) and HOME Annual Action Plan FY 2017- 2018. The Annual Action Plan is required by the U.S. Department of Housing and Urban Development (HUD) for annual funding under the guidelines of an entitlement city. The HUD Annual Action Plan identifies how the City plans to use the federal money during the next fiscal year to meet the goals and objectives approved by the City Council in the Five -Year Consolidated Plan FY 2015-2020. The City of Lynwood will receive $1,189,997 in CDBG funds for fiscal year 2017-2018 (July 1, 2017 — June 30, 2018) and $351,383 in HOME funds for fiscal year 2017-2018 (July 1, 2017 — June 30, 2018). Priority funding for CDBG and HOME activities are given to activities that: • have a high benefit to low and moderate income persons; • have a detailed plan for permanent funding; • are likely to achieve their objectives and be successful; • use other public and private sources to the greatest extent possible; • support or coordinate with other community development efforts; • present a reasonable, sound budget; and • are implemented by organizations with a solid track record. Public Comment Period: The plan will be available for a 30 -day public review and comment period beginning on June 22"d, 2017 and ending on July 21St, 2017. The Annual Action Plan is available on the City of Lynwood's website at htto://Iynwood.ca.us/ or as a hardcopy at the following locations: Lynwood City Clerk's office, 11330 Bullis Rd, Lynwood, CA 90262 Lucy Avalos Community Center, 11832 Atlantic Avenue, Lynwood CA 90262 Lynwood Library, County of Los Angeles Public Library, 11320 Bullis Road, CA 90262 Council Meeting: The Annual Action Plan is scheduled for presentation to the Lynwood City Council on August 1St, 2017 at 6:OOpm at the City Council Chambers, 11330 Bullis Rd, Lynwood, CA 90262. For more information, please contact Andre Dupret, Interim Development, Compliance & Enforcement Services Director, at (310) 603-0220, ext. 268, or direct written comments addressed to the City Manager's Office, Attention: Andre Dupret, 11330 Bullis Rd, Lynwood, CA 90262. (TO BE PUBLISHED ON: Thursday June 22"d, 2017) W, F't'Y17I}I o ,t7po¢{ City of Lynwood Community Needs Survey The City of Lynwood is conducting a community needs survey in your neighborhood to gather information on the types of services and improvements that are needed in the City. The City of Lynwood receives an annual funding allocation in Community Development Block Grant (CDBG) and in HOME Partnership Investment (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). These funds are to be used to develop viable communities by promoting integrated approaches that provide decent housing, a suitable living environment and expand economic opportunities for low and moderate income persons. CDBG and Home funds allow for a variety of eligible activities to assist low and moderate income persons. Examples include home improvements, capital improvements, public services programs, and economic development activities. Please tell us what you feel is important in your community. You can turn in your completed survey at the City Manager's Office (front desk) to the attention of Simona Ramirez. Thank you for your participation, your feedback is important. The City of Lynwood's Community Needs Survey is also available online at the following link: https://www.surveymonkey.com/r/TD7BVSX Please make sure to click the "Done" button to save your answers. Feel free to contact Andre Dupret, Interim Director of Development, Compliance & Enforcement Services at adupret@lvnwood.ca.us or (310) 603-0220 ext. 268. You may also contact our Program Coordinator, Simona Ramirez at sramirez@lvnwood.ca.us or (310) 603-0220 ext. 256 if you have any questions or would like to offer any additional comments on the types of services and improvements needed in the City. Thank you. 1. Indicate whether or not each item is a priority need by selecting any oral] of the following: o Affordable Housing (acquisition, rehabilitation, new construction) o First Time Homebuyer (down payment assistance) o Tenant/Landlord Relations o Fair Housing (tenant landlord disputes, mediation) o Special Needs Housing (senior, persons w/disabilities) o Other (please specify) 2. Do you think Lynwood needs more housing that is affordable for the average family? o Yes o No 3. Indicate whether or not each item is a priority need by selecting any or all of the following: Code Enforcement (complaints, inspections, correction notices) Economic Development (job creation, new businesses) Public Infrastructure (alleys, streets, streetlights) Park and Community Centers Other (please specify) 4. Who should affordable housing be developed for in Lynwood? o Homeless families and individuals o People who grew up in Lynwood o Seniors on fixed incomes o Persons recently released from prison o People currently living and/or working in Lynwood o Other (please specify) 5. Indicate whether any or all of the following are a priority: o Rental Assistance o Homeless Prevention o Emergency Shelter o Case Management/Counseling o Street Outreach (i.e. distribution of food, clothing, and self- care kits to homeless individuals) o Other (please specify) * For Non -Profit Use. 6. Indicate whether any or all of the following area priority: o Social Services (wellness, physical, nutritional programs o Youth Services (recreation, educational programs) o Anti -Crime Programs (community oriented policing) o Health Services (dental, eye, counseling programs) o Youth Services (recreation, educational programs) o Senior Services (wellness, physical, nutritional programs o Other (please specify) What should Lynwood do to help build more affordable housing? o I don't want any affordable housing developed in Lynwood o The City should develop its own affordable housing o Require all new housing developers to include some affordable housing in their projects o The City should work with private developers to build affordable housing o Leave it to private developers o Other (please specify) 6. What Should be done to address unsheltered homeless persons in Lynwood? o Build a year round shelter o Create affordable housing for the homeless o Apply for grant funding to increase rental assistance opportunities o I do not support any of the efforts to address homelessness o Work with other cities in the region to address homelessness o Other (please specify) Name: Address: City/Zip Code: Phone: Email: Company/Organization: OF LYy Otl ,ttFOg� Encuesta Sobre Necesidades Comunitarias en la Cuidad de Lynwood La Cuidad de Lynwood esta realizando una encuesta de necesidades de la comunidad para recopilar informaci6n sobre los tipos de servicios y mejoras que se necesitan en la cuidad. La Cuidad de Lynwood recibe una asignaci6n anual de fondos en el programa de desarrollo de la comunidad (CDBG) y en fondos"del Programa de HOGAR (HOME) del Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD). Estos fondos se utilizaran para desarrollar comunidades viables mediante la promoci6n de enfoques integrados que proporcionen viviendas dignas, un entorno de vida adecuado y amplien las oportunidades econ6micas para las personas de ingresos bajos y moderados. Los fondos CDBG y HOME permiten una variedad de actividades elegibles. Para ayudar a las personas de ingresos bajos y moderados. Los ejemplos incluyen mejoras en el hogar, mejoras de capital, programas de servicios p6blicos y actividades de desarrollo econ6mico. Por favor diganos to que usted siente es importante en su comunidad. Usted puede entregar su encuesta a la Oficina del Administrador de la Cuidad a la atenci6n de Simona Ramirez. Gracias por su participaci6n, sus comentarios son importantes. La encuesta tambien esta disponible en linea, por favor haga clic en esta link para Ilenarla en internet httos://www.surveymonkey.com/r/TD7BVSX Por favor contacte a Andre Dupret, Director Interino de Servicios de Desarrollo y Cumplimiento a adupret@lynwood.ca.us o al (310) 603-0220 ext. 268. Tambien puede contactar a Simona Ramirez a sramirez@lynwood.ca.us o al (310) 603-0220 ext. 256 si tiene alguna pregunta o si quisiera proveer alguna sugerencia referente a los tipos de servicios y mejoras que usted Gree son necesarias en la Cuidad. Gracias. 1. Indique si cada elemento es una necesidad prioritaria al seleccionar uno o todos los siguientes: o Vivienda asequible (adquisici6n, rehabilitaci6n, nueva construcci6n) o Primeros Comparadores de Casa o Relaciones con inquilinos/propietarics o Vivienda justa (disputas de arrendatario, mediaci6n) o Vivienda de Necesidades Especiales (personas mayores, personas con discapacidades) o Otro (Especifique) 2. ZCrees que Lynwood necesite mas viviendas que sean accesibles para la familia promedia? o Si o No 3. Indique si cada elemento es una necesidad prioritaria al seleccionar uno o todos los siguientes: 6. Indique si alguno de estos elementos son prioritarios: o Servicios Sociales (bienestar, programas fisicos y nutricionales) o Servicios Juveniles (recreaci6n, programas educativos) o Programas anti -crimen (monitoreo policiaco comunitario) o Servicios de Salud (dental, vista, programas de consejeria) o Servicios Para Mayoras (bienestar, programas fisicos y nutricionales) o Otro (Especifique) o Aplicaci6n de c6digo (quejas, inspecciones, notificaciones de correcci6n) o Desarrollo econ6mico (creaci6n de empleo, nuevos 8. negocios) o Infraestructura publica (callejones, callejuelas) o Parques y Centros Comunitarios o , Otro (Especifique) 4. Para quien debe desarrollarse vivienda asequible en Lynwood? o Familias y personas sin hogar o Personas que crecieron en Lynwood o Personas mayores con ingresos fijos o Personas recientemente liberadas de prisi6n. o Otras personas que trabajan o viven en Lynwood o Otro (Especifique) 5. Indique si cada elemento es una necesidad prioritaria al seleccionar uno o todos los siguientes: o Asistencia Para Renta o La Prevenci6n de Desamparados o Refugio de Emergencia o Gesti6n de casos/asesoramiento o Alcance de calle (es decir, distribuci6n de alimentos, ropa y kits de autocuidado a personas sin hogar) o Otro (Especifique) * For Non -Profit Use. Que debe hacer Lynwood para ayudar a construir viviendas? o No quiero viviendas accesibles en Lynwood o La Cuidad debe desarrollar su propia vivienda accesible o Exigir a todos los desarrolladores de viviendas nuevas que incluyan viviendas accesibles en sus proyectos o La Cuidad debe de trabajar con desarrolladores privados para construir viviendas accesibles. o Dejarlo a los desarrolladores privados o Otro (Especifique) Z,Que se debe hacer para tratar con las personas sin hogar desamparadas en Lynwood? o Construir un refugio durante todo el ano o Crear viviendas asequibles para las personas sin hogar o Solicitar financiaci6n para aumentar las oportunidades de asistencia de alquiler o No apoyo ninguno de los esfuerzos para hacer frente a la falta de vivienda o Trabajar con otras ciudades de la regi6n para hacer frente a la falta de vivienda o Otro (especifique) Nombre: Direcci6n: Cuidad/C6digo Postal: Numero de Contacto: Correo Electr6nico: Compania/Organizacion City of Lynwood Community Needs Survey Q1 Indicate whether or not each item is a priority need by selecting any or all of the following: Answered:5 Skipped:2 i First Time Homebuyer (d... Fair Housing Responses (tenant... First Time Homebuyer (down payment assistance) i Tenant/Landlord 3 Relations 0.00% AffordableMi. Tenant/Landlord Relations I 20.00% Housing- r Special Needs 3 Housing... I 20.00% Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses First Time Homebuyer (down payment assistance) 60.00% 3 Fair Housing (tenant landlord disputes, mediation) 0.00% 0 Tenant/Landlord Relations I 20.00% 1 Affordable Housing (acquisition, rehabilitation, new construction) i 60.00% 3 Special Needs Housing (senior, persons w/disabilities) 20.00% 1 Other (please specify) Total Respondents: 5 J 1/9 20.00% 1 City of Lynwood Community Needs Survey Q2 Do you think Lynwood needs more housing that is affordable for the average family? Answered:6 Skipped:1 Yes M. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 66.67% 4 No i 33.33% 2 _Total 6 2/9 City of Lynwood Community Needs Survey Park and Community... Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Economic Development (job creation, new businesses) 85.71% 6 Code Enforcement (complaints, inspections, correction notices) 28.57% 2 Public Infrastructure (alleys, streets, streetlights) 57.14% 4 Park and Community Centers 14.29% 1 Other (please specify) 28.57% 2 Total Respondents: 7 3/9 City of Lynwood Community Needs Survey Q4 Who should affordable housing be developed for in Lynwood? Answered: 7 Skipped: 0 Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses People who grew up in Lynwood 28.57% 2 People currently living and/or working in Lynwood 4% 4 Seniors on fixed incomes 57.14% 4 Homeless families and individuals 57.14% 4 Persons recently released from prison 28.57% 2 Other (please specify) 14.29% 1 Total. Respondents: 7 4/9 City of Lynwood Community Needs Survey Answer Choices Responses Homeless Prevention— — 66.67% i 4 Street Outreach (i.e. distribution of food, clothing and self-care kits to homeless individuals) i j 33.330/6 Emergency Shelter 33.33% 2 Rental Assistance 83.33% 5 Case Management/Counseling 33.33% 2 Other (please specify) 16.67% 1 Total Respondents: 6 5/9 City of Lynwood Community Needs Survey Q6 Indicate whether or not each item is a priority need by selecting any or all of the following: Answered:7 Skipped:0 Social Services (fo... Youth Services (recreation,... Senior ; Services +�s r Health Services... i Anti -Crime Programs... Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses — ` Social Services (food bank, domestic violence, counseling) 14.29% 1 Youth Services (recreation, educational programs) 71.43% 5 Senior.Services (wellness, physical, nutritional programs) 14.29% 1 Health Services (dental, eye, counseling programs) 0.00% 0 Anti -Crime Programs (community oriented policing) 42.86% 3 Other (please specify) 28.57% 2 Total Respondents: 7 IT -Ke City of Lynwood Community Needs Survey Q7 What should Lynwood do to help build more affordable housing? Answered:7 Skipped:0 Leaveitto' private... i The City should devel... The City rt: should work cs i Require all 3p=� new housing 4 4` tl k S 3 1 don't want any affordab... Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Leave it to private developers The City should develop its own affordable housing The City should work with private developers to build affordable housing Require all new housing developers to include some affordable housing in their projects I don't want any affordable housing developed in Lynwood Other (please specify) Total Respondents: 7 7/9 Responses 0.00% 0 57.14% 4 28.57% 2 42.86% 3 — ! 42.86% 3 i 28.57% 2 City of Lynwood Community Needs Survey I do not support any... Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Build a year round shelter 57.140/6 4 Create affordable housing for the homeless T 28.57% 2 Apply for grant funding to increase rental assistance opportunities 42.86% 3 Work with other cities in the region to address homelessness 42.86% 3 1 do not support any efforts to address homelessness 14.29% 1 Other (please specify) 28.57% 2 Total Respondents: 7 _ E:IF& City of Lynwood Community Needs Survey Q9 Contact Information Answered:7 Skipped:0 Answer Choices } Responses First Name and Last Name 100.00% 7 Company/Organization ---�... ...... -. ' 0.00% 0 Address 100.00% 7 Address 2 i 0.00% 0 City 100.00% 7 State j 100.00% 7 ZIP/Postal Code 100.00% 7 Country 1 100.00% 7 Email Address 85.71% 6 Phone Number 71-43% 5 9/9 Og LYS,. titrFp4 AGENDA STAFF REPORT DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council Honorable Board of Directors of the Lynwood Utility Authority APPROVED BY: Alma K. Martinez, City Manag PREPARED BY: Jose Ometeotl, Director of Finance SUBJECT: Financing Update to the 2008 Utility Authority Bonds and 2017A Refunding Revenue Bonds Recommendation: The Finance Department recommends that the City Council and Utility Authority receive and file this report. Background: On July 18, 2017, the City Council and Utility Authority undertook the following actions; 1. Adopted a Resolution of the City Council of Lynwood approving the issuance and sale by the Lynwood Utility Authority of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A, and authorizing and directing the execution thereof and authorizing actions related thereto. 2. Adopted a Resolution of the Lynwood Utility Authority approving the issuance and sale by the Lynwood Utility Authority of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A, approving an indenture of trust, escrow deposit and trust agreement, and first amendment to indenture of trust, authorizing and directing the execution thereof and authorizing actions related thereto. 3. Adopted a Resolution of the Lynwood Utility Authority approving the redemption of outstanding 2008 bonds; making certain determination thereto; and authorizing certain actions related thereto AGENDA ITEM Lynwood Utility Authority In review, the Lynwood Utility Authority (the "Authority") is a joint powers authority duly organized and existing under and pursuant to that certain Joint Exercise of Powers Agreement, dated as of September 1, 2003, by and between the City of Lynwood (the "City") and the Lynwood Redevelopment Agency (the "Agency" and, with the City, the "Members"), and under the provisions of Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act"), and is authorized pursuant to Article 4 of the Act to borrow money for the purpose of financing the acquisition of bonds, notes and other obligations of, or for the purpose of making loans to, public entities, including the Members, and to provide financing for public capital improvements of public entities, including the Members. The Authority is authorized pursuant to the provisions of section 6584 of the Act (the "Bond Law"), to issue its revenue bonds for the purpose of financing facilities for the production, storage, transmission, or treatment of water or wastewater. The Authority has authorized, issued and sold $9,755,000 Lynwood Utility Authority Enterprise Revenue Bonds, 2008 Series A and $5,735,000 principal amount of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2009 Series. The 2008 and 2009 Bonds are secured by a pledge of net revenues received by the Authority from the operation by the City of its combined water and sewer system (the "Enterprise"). The Authority, after due investigation and deliberation, has determined that due to the prevailing interest rates in the municipal bond market it is in the interest of the Authority at this time to provide for the redemption of the 2008 Bonds and issuance of additional bonds (2017 A) under the Bond Law to (a) refund, on an advance basis, the 2009 Bonds, and (b) pay the costs of issuance of such bonds. Discussion: The financing team had investigated whether in the current market a "direct placement" or "public offering" of the Series 2017 A Bonds would be the best option for the Authority. The Authority's financial advisor and staff have determined that a refunding of the Series 2009 Bonds by way of a private placement was in the best interest of the Authority based on Market Conditions as of June 19, 2017. The private placement would generate an estimated net present value savings of $420,412.90 or 8.2%. The 2017A Bonds mature in 2029. Private Placement Bids for 2017 A Bonds were solicited from twelve banking institutions. Final bids meeting the request were received from seven of these banking institutions. California Bank & Trust, a division of ZB, N.A. submitted the best bid at 2.42%. All costs associated with the financing are contingent on the issuance of the 2017 A Bonds and paid from bond proceeds received from the financing and are not paid with general fund monies. The refunding costs are $148,869.25 as further detailed in the following; Firm Nossaman LLP Wolf & Company Inc Samuel A. Ramirez & Co. Nixon Peabody LLP BNY Mellon Trust City Expenses Causey Demgen & Moore CDIAC Miscellaneous TOTAL Role Fee Bond Counsel $40,000.00. Financial Advisor 20,000.00 Placement Agent 50,000.00 Placement Agent's Counsel 5,000.00 Trustee and Escrow Agent 10,000.00 10,000.00 Verification Agent 2,500.00 5,000.00 6,369.25 $148,869.25 All of the outside consultants involved in the financinq effort are paid on a contingency basis as stated above for work performed on the 2008, 2009 and 2017A Bond Issues. The Authority had determined to issue its revenue bonds, to be designated as the Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A to be secured by a pledge of the net revenues derived from the operation of the Enterprise, on a parity with the 2014 Bonds described below to be purchased by California Bank & Trust, a division of ZB, N.A. On July 24, 2017, the 2017 Series A Bonds successfully priced at an interest rate of 2.420%. Final pricing information is attached. In addition to the refunding the 2009 Bonds and issuing the 2017 A Bonds the Authority has previously issued its $5,660,000 Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2014 Series dated January 1, 2014 and at this time is providing its First Amendment to Indenture of Trust, currently dated as of July 1, 2017 (the "First Amendment"), between the Authority and the 2014 Trustee. The First Amendment provides a Rate Stabilization Fund for the benefit of the Bondholders and Authority. The Authority action approved the defeasance and redemption of all outstanding 2008 Bonds. Such defeasance and redemption shall be paid from a combination of moneys available in the Authority's accounts and funds related to the 2008 Bonds and moneys legally available to the Authority. The redemption of the 2008 Bonds eliminates an average annual debt service payment of $630,000 which would have been due yearly until 2038. The 2008 Bonds are scheduled for redemption on August 25, 2017. Fiscal Impact: 2008 Bonds The fiscal impact associated with the refunding is an elimination an average annual debt service payment of $630,000 (2008 Bonds) which would have been due yearly until 2038. Repayment of the 2008 Bonds will be derived from unexpended bond proceeds ($2.95M), funds, held in the bond reserve account ($643K) and Utility Authority funds on hand ($4.48M). 2009 and 2017A Bonds The repayment of the 2009 Bonds via refinance into the 2017 A Bonds results in an approximate annual savings of $40,000 and total estimated net present value saving to the Authority of $420,412.90 or 8.2%. ATTACHMENTS Final Bond Pricing Documentation Jul 24, 2017 12:38 pm TABLE OF CONTENTS Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Report Page Sources and Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Summary of Refunding Results . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Savings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Bond Summary Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Bond Pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Summary of Bonds Refunded . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Escrow Cash Flow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Escrow Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Escrow Descriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Escrow Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Escrow Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Escrow Sufficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Cost of Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Jul 24, 2017 12:38 pm Page 1 SOURCES AND USES OF FUNDS Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A Final Pricing Dated Date 08/03/2017 Delivery Date 08/03/2017 Sources: Bond Proceeds: Par Amount 5,750,000.00 Other Sources of Funds: Prior Reserve (2009 Series A) 574,604.36 6,324,604.36 Uses: Refunding Escrow Deposits: Cash Deposit 223.75 Open Market Purchases 5,600,511.36 5,600,735.11 Other Fund Deposits: Debt Service Reserve Fund 575,000.00 Delivery Date Expenses: Cost of Issuance 148,869.25 6,324,604.36 Jul 24, 2017 12:38 pm Page 2 SUMMARY OF REFUNDING RESULTS Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Dated Date 08/03/2017 Delivery Date 08/03/2017 Arbitrage yield 2.420239% Escrow yield 1.303569% Value of Negative Arbitrage 106,863.78 Bond Par Amount 5,750,000.00 True Interest Cost 2.420239% Net Interest Cost 2.420000% Average Coupon 2.420000% Average Life 7.615 Par amount of refunded bonds 5,240,000.00 Average coupon of refunded bonds 4.810872% Average life of refunded bonds 7.991 PV of prior debt to 08/03/2017 @ 2.420239% 6,175,092.91 Net PV Savings 425,488.55 Percentage savings of refunded bonds 8.120010% Percentage savings of refunding bonds 7.399801% Jul 24, 2017 12:38 pm Page 3 SAVINGS Savings Summary PV of savings from cash flow 425,092.91 Less: Prior funds on hand -574,604.36 Plus: Refunding funds on hand 575,000.00 Net PV Savings 425,488.55 Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Present Value Prior Refunding to 08/03/2017 Date Debt Service Debt Service Savings @ 2.4202391% 06/01/2018 361,787.50 330,185.28 31,602.22 31,901.83 06/01/2019 362,187.50 318,947.00 43,240.50 42,007.11 06/01/2020 362,387.50 319,470.00 42,917.50 40,705.02 06/01/2021 362,231.26 319,872.00 42,359.26 39,225.24 06/01/2022 731,706.26 690,153.00 41,553.26 37,570.90 06/01/2023 729,612.50 686,359.00 43,253.50 38,112.01 06/01/2024 730,987.50 692,323.00 38,664.50 33,262.97 06/01/2025 730,550.00 687,803.00 42,747.00 35,799.35 06/01/2026 733,237.50 693,041.00 40,196.50 32,824.49 06/01/2027 729,500.00 687,795.00 41,705.00 33,170.68 06/01/2028 733,000.00 692,307.00 40,693.00 31,527.62 06/01/2029 729,750.00 691,335.00 38,415.00 28,985.68 7,296,937.52 6,809,590.28 487,347.24 425,092.91 Savings Summary PV of savings from cash flow 425,092.91 Less: Prior funds on hand -574,604.36 Plus: Refunding funds on hand 575,000.00 Net PV Savings 425,488.55 Jul 24, 2017 12:38 pm Page 4 BOND SUMMARY STATISTICS Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Dated Date 08/03/2017 Delivery Date 08/03/2017 Last Maturity 06/01/2029 Arbitrage Yield 2.420239% True Interest Cost (TIC) 2.420239% Net Interest Cost (NIC) 2.420000% All -In TIC 2.806172% Average Coupon 2.420000% Average Life (years) 7.615 Duration of Issue (years) 6.906 Par Amount 5,750,000.00 Bond Proceeds 5,750,000.00 Total Interest 1,059,590.28 Net Interest 1,059,590.28 Total Debt Service 6,809,590.28 Maximum Annual Debt Service 693,041.00 Average Annual Debt Service 575,728.63 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Par Average Average Bond Component Value Price Coupon Life Term Bond 5,750,000.00 100.000 2.420% 7.615 5,750,000.00 7.615 All -In Arbitrage TIC TIC Yield Par Value 5,750,000.00 5,750,000.00 5,750,000.00 + Accrued Interest + Premium (Discount) Underwriter's Discount Cost of Issuance Expense -148,869.25 - Other Amounts Target Value 5,750,000.00 5,601,130.75 5,750,000.00 Target Date 08/03/2017 08/03/2017 08/03/2017 Yield 2.420239% 2.806172% 2.420239% Ju124, 2017 12:38 pm Page 5 BOND PRICING Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Maturity Bond Component Date Amount Rate Yield Price Term Bond: 06/01/2018 215,000 2.420% 2.420% 100.000 08/03/2017 06/01/2019 185,000 2.420% 2.420% 100.000 5,750,000.00 06/01/2020 190,000 2.420% 2.420% 100.000 06/01/2021 195,000 2.420% 2.420% 100.000 06/01/2022 570,000 2.420% 2.420% 100.000 06/01/2023 580,000 2.420% 2.420% 100.000 06/01/2024 600,000 2.420% 2.420% 100.000 06/01/2025 610,000 2.420% 2.420% 100.000 06/01/2026 630,000 2.420% 2.420% 100.000 06/01/2027 640,000 2.420% 2.420% 100.000 06/01/2028 660,000 2.420% 2.420% 100.000 06/01/2029 675,000 2.420% 2.420% 100.000 Net Proceeds 5,750,000.00 5,750,000 Dated Date 08/03/2017 Delivery Date 08/03/2017 First Coupon 12/01/2017 Par Amount 5,750,000.00 Original Issue Discount Production 5,750,000.00 100.000000% Underwriter's Discount Purchase Price 51750,000.00 100.000000% Accrued Interest Net Proceeds 5,750,000.00 Jul 24, 2017 12:38 pm Page 6 BOND DEBT SERVICE Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A Final Pricing Period Ending Principal Coupon Interest Debt Service 06/01/2018 215,000 2.420% 115,185.28 330,185.28 06/01/2019 185,000 2.420% 133,947.00 318,947.00 06/01/2020 190,000 2.420% 129,470.00 319,470.00 06/01/2021 195,000 2.420% 124,872.00 319,872.00 06/01/2022 570,000 2.420% 120,153.00 690,153.00 06/01/2023 580,000 2.420% 106,359.00 686,359.00 06/01/2024 600,000 2.420% 92,323.00 692,323.00 06/01/2025 610,000 2.420% 77,803.00 687,803.00 06/01/2026 630,000 2.420% 63,041.00 693,041.00 06/01/2027 640,000 2.420% 47,795.00 687,795.00 06/01/2028 660,000 2.420% 32,307.00 692,307.00 06/01/2029 675,000 2.420% 16,335.00 691,335.00 5,750,000 1,059,590.28 6,809,590.28 Jul 24, 2017 12:38 pm Page 7 BOND DEBT SERVICE Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Period Ending Principal Coupon Interest Debt Service Annual Debt Service 12/01/2017 45,610.28 45,610.28 06/01/2018 215,000 2.420% 69,575.00 284,575.00 330,185.28 12/01/2018 66,973.50 66,973.50 06/01/2019 185,000 2.420% 66,973.50 251,973.50 318,947.00 12/01/2019 64,735.00 64,735.00 06/01/2020 190,000 2.420% 64,735.00 254,735.00 319,470.00 12/01/2020 62,436.00 62,436.00 06/01/2021 195,000 2.420% 62,436.00 257,436.00 319,872.00 12/01/2021 60,076.50 60,076.50 06/01/2022 570,000 2.420% 60,076.50 630,076.50 690,153.00 12/01/2022 53,179.50 53,179.50 06/01/2023 580,000 2.420% 53,179.50 633,179.50 686,359.00 12/01/2023 46,161.50 46,161.50 06/01/2024 600,000 2.420% 46,161.50 646,161.50 692,323.00 12/01/2024 38,901.50 38,901.50 06/01/2025 610,000 2.420% 38,901.50 648,901.50 687,803.00 12/01/2025 31,520.50 31,520.50 06/01/2026 630,000 2.420% 31,520.50 661,520.50 693,041.00 12/01/2026 23,897.50 23,897.50 06/01/2027 640,000 2.420% 23,897.50 663,897.50 687,795.00 12/01/2027 16,153.50 16,153.50 06/01/2028 660,000 2.420% 16,153.50 676,153.50 692,307.00 12/01/2028 8,167.50 8,167.50 06/01/2029 675,000 2.420% 8,167.50 683,167.50 691,335.00 5,750,000 1,059,590.28 6,809,590.28 6,809,590.28 Ju124, 2017 12:38 pm Page 8 SUMMARY OF BONDS REFUNDED Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Maturity Interest Par Call Call Bond Date Rate Amount Date Price Enterprise Refunding Revenue Bonds, 2009 Series A: SERIAL 06/01/2018 4.000% 115,000.00 06/01/2019 4.000% 120,000.00 06/01/2020 4.125% 125,000.00 06/01/2019 100.000 06/01/2021 4.250% 130,000.00 06/01/2019 100.000 06/01/2022 4.375% 505,000.00 06/01/2019 100.000 06/01/2023 4.500% 525,000.00 06/01/2019 100.000 06/01/2024 4.625% 550,000.00 06/01/2019 100.000 06/01/2025 4.750% 575,000.00 06/01/2019 100.000 06/01/2026 4.750% 605,000.00 06/01/2019 100.000 29TERM 06/01/2029 5.000% 1,990,000.00 06/01/2019 100.000 5,240,000.00 Jul 24, 2017 12:38 pm Page 9 ESCROW CASH FLOW Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Present Value Net Escrow to 08/03/2017 Date Principal Interest Receipts @ 1.3035689% 11/30/2017 89,000.00 35,023.13 124,023.13 123,500.50 05/31/2018 205,000.00 34,021.88 239,021.88 236,464.82 11/30/2018 87,000.00 33,125.00 120,125.00 118,074.60 05/31/2019 5,213,000.00 32,581.25 5,245,581.25 5,122,471.43 5,594,000.00 134,751.26 5,728,751.26 5,600,511.36 Escrow Cost Summary Purchase date 08%03/2017 Purchase cost of securities 5,600,511.36 Target for yield calculation 5,600,511.36 Jul 24, 2017 12:38 pm Page 10 ESCROW COST Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Type of Maturity Par Accrued Total Security Date Amount Rate Yield Price Cost Interest Cost TNote 11/30/2017 89,000 2.250% 1.042338% 100.3900000 89,347.10 350.16 89,697.26 TNote 05/31/2018 205,000 0.875% 1.155527% 99.7700000 204,528.50 313.66 204,842.16 TNote 11/30/2018 87,000 1.250% 1.257293% 99.9900000 86,991.30 190.16 87,181.46 TNote 05/31/2019 5,213,000 1.250% 1.309542% 99.8924984 5,207,395.94 11,394.54 5,218,790.48 5,594,000 5,588,262.84 12,248.52 5,600,511.36 Purchase Cost of Cash Total Date Securities Deposit Escrow Cost Yield 08/03/2017 5,600,511.36 223.75 5,600,735.11 1.303569% 5,600,511.36 223.75 5,600,735.11 Jul 24, 2017 12:38 pm Page 11 ESCROW DESCRIPTIONS Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Type of Security CUSIP or ID Maturity Date Par Amount Rate Yield Price Dated Date Interest Class Interest Frequency Interest Day Basis Aug 3,2017: TNote 912828PK0 11/30/2017 89,000 2.250% 1.042% 100.390000 05/31/2017 Periodic Semiannual ACT/ACT TNote 9128281151 05/31/2018 205,000 0.875% 1.156% 99.770000 05/31/2017 Periodic Semiannual ACT/ACT TNote 912828A34 11/30/2018 87,000 1.250% 1.257% 99.990000 05/31/2017 Periodic Semiannual ACT/ACT TNote 912828XS4 05/31/2019 5,213,000 1.250% 1.310% 99.892498 05/31/2017 Periodic Semiannual ACT/ACT 5,594,000 Jul 24, 2017 12:38 pm Page 12 ESCROW REQUIREMENTS Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Period Principal Ending Principal Interest Redeemed Total 12/01/2017 123,393.75 123,393.75 06/01/2018 115,000.00 123,393.75 238,393.75 12/01/2018 121,093.75 121,093.75 06/01/2019 120,000.00 121,093.75 5,005,000.00 5,246,093.75 235,000.00 488,975.00 5,005,000.00 5,728,975.00 Jul 24, 2017 12:38 pm Page 13 ESCROW STATISTICS Delivery date 08/03/2017 Arbitrage yield 2.420239% Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Modified Yield to Yield to Perfect Value of Total Duration Receipt Disbursement Escrow Negative Cost of Escrow Cost (years) Date Date Cost Arbitrage Dead Time Global Proceeds Escrow: 5,600,735.11 1.731 1.303569% 1.303291% 5,493,820.15 106,863.78 51.18 5,600,735.11 5,493,820.15 106,863.78 51.18 Delivery date 08/03/2017 Arbitrage yield 2.420239% Jul 24, 2017 12:38 pm Page 14 ESCROW SUFFICIENCY Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Date Escrow Requirement Net Escrow Receipts Excess Receipts Excess Balance 08/03/2017 223.75 223.75 223.75 11/30/2017 124,023.13 124,023.13 124,246.88 12/01/2017 123,393.75 -123,393.75 853.13 05/31/2018 239,021.88 239,021.88 239,875.01 06/01/2018 238,393.75 -238,393.75 1,481.26 11/30/2018 120,125.00 120,125.00 121,606.26 12/01/2018 121,093.75 -121,093.75 512.51 05/31/2019 5,245,581.25 5,245,581.25 5,246,093.76 06/01/2019 5,246,093.75 -5,246,093.75 0.01 5,728,975.00 5,728,975.01 0.01 Jul 24, 2017 12:38 pm Page 15 COST OF ISSUANCE Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A ----------------------------------------- Final Pricing Cost of Issuance $/1000 Amount Bond Counsel 6.95652 40,000.00 Municipal Advisor 3.47826 20,000.00 Placement Agent 8.69565 50,000.00 Placement Agent Counsel 0.86957 5,000.00 City Legal Servcies 1.73913 10,000.00 CDIAC 0.86957 5,000.00 Trustee/Custodian 1.73913 10,000.00 Verification Agent 0.43478 2,500.00 Contingency 1.10770 6,369.25 25.89030 148,869.25 +� AGENDA STAFF REPORT DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma Martinez - City Manager ?) PREPARED BY: Jose Ometeotl - Director of Finance SUBJECT: Multiyear Memorandum of Understanding (MOU) with the following bargaining units and terms; 1. Lynwood Employees Association (LEA)/American Federation of State, County and Municipal Employees, Local 1920 (AFSCME) July 1, 2016 to June 30, 2020 2. Lynwood Employees Management Group (LEMG) July 1, 2017 to June 30, 2020 Recommendation: Staff respectfully requests that the City Council adopt the attached resolutions entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE LYNWOOD EMPLOYEES ASSOCIATION (LEA)/AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1920 (AFSCME) WHICH SETS FORTH ALL WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT." 2. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE LYNWOOD EMPLOYEES MANAGEMENT GROUP (LEMG) WHICH SETS FORTH ALL WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT." AGENDA ITEM Background: Lynwood Employees Association The Lynwood Employees' Association (LEA)/American Federation of State, County and Municipal Employees, Local 1920 (AFSCME) and the City have been in negotiations since the early spring on a new MOU. The MOU between LEA/AFSCME Local 1920 expired on June 30, 2016. Since then, hours and working conditions have remained the same. The parties continued to negotiate a formal successor MOU, and reached an agreement on certain terms of a multiyear successor labor contract and documented those terms by means of including them into the attached comprehensive MOU. The authorized representatives of AFSCME/LEA represented and warranted that the MOU Agreement terms were ratified by the AFSCME membership on June 28, 2017. The terms are as follows: • Term of the Agreement: July 1, 2016 through June 30, 2020. • Cost of Living Adjustment (COLA) shall be implemented as follows: Effective July 1, 2017 — 1 % increase in base rate of pay Effective July 1, 2018 — 3% increase in base rate of pay Effective July 1, 2019 — 4% increase in base rate of pay • Employees shall receive a one-time bonus at 5% of annual income based on pre -COLA base rates of pay. • The City shall pay the following stipends/additional pays: Bilingual Pay - $100.00 per month Class "A" Driver License - $75.00 per month Education Incentive — Upon conferral of Bachelor's Degree $100.00 per month; increased to $200.00 per month upon conferral of Master's Degree. Uniform and Boot Allowance - $200.00 per year Shift Differential - $1.00 per hour • The City shall observe Veteran's Day as a paid holiday. 2 • Holiday Observance for Wednesday through Saturday work schedules: Should an observed holiday land on the Monday immediately preceding the employee's scheduled work week, then Wednesday will be granted as a paid holiday for such observance. • Vacation Time shall be modified as follows: Maximum accrual for Vacation Time will be lowered from 640 hours to 550 hours. For those employees whose vacation hours are in excess of 390 hours, they may place vacation hours into a leave bank to be used before regular vacation accruals. Employees may buy back (cash out) 40 vacation hours per calendar year to stay below 550 hours. In FY 2017/18 employees may buy back up to 80 hours. • Compensation and class study will be conducted and implemented in September 2019 Lynwood Employees Management Group The Lynwood Employees Management Group (LEMG) and the City have been in negotiations since the early spring on a new MOU. The MOU between LEMG and the City expired on June 30, 2017. Since then, hours and working conditions have remained the same. The parties continued to negotiate a formal successor MOU, and reached an agreement on certain terms of a multiyear successor labor contract and documented those terms by means of including them into the attached comprehensive MOU. The authorized representatives of LEMG represented and warranted that the MOU Agreement terms were ratified by the AFSCME membership on June 20, 2017. The terms are as follows: Discussion & Analysis: The negotiated changes to the MOU are as follows: • Three-year term from July 1, 2017 through June 30, 2020 • Cost of Living Adjustment (C.O.L.A.) shall be implemented as follows: 3 Effective July 1, 2017 — 1% increase in base rate of pay Effective July 1, 2018 — 3% increase in base rate of pay Effective July 1, 2019 — 4% increase in base rate of pay • Employees shall receive a one-time bonus at 5% of annual income based on pre C.O.L.A. base rates of pay. • The City shall pay the following stipends/additional pays: Bilingual Pay - $100.00 per month Class "A" Driver License - $75.00 per month Education Incentive — Upon conferral of Bachelor's Degree $150.00 per month; increased to $250.00 per month upon conferral of Master's Degree. Uniform and Boot Allowance - $200.00 per year • The City shall observe Veteran's Day as a paid holiday. • Holiday Observance for Wednesday through Saturday work schedules: Should an observed holiday land on the Monday immediately preceding the employee's scheduled work week, then Wednesday will be granted as a paid holiday for such observance. • Vacation Time shall be modified as follows: Maximum accrual for Vacation Time will be lowered from 640 hours to 550 hours. For those employees whose vacation hours are in excess of 390 hours, they may place vacation hours into a leave bank to be used before regular vacation accruals. Employees may buy back (cash out) 100 hours per year to stay below 550 hours. In FY 2017/18 employees may buy back up to 140 hours. • Compensation and class study will be conducted and implemented in September 2019 0 Fiscal Impact: The FY 2017/18 General Fund anticipated the 1 % COLA ($85,000 approximately) as well as additional allowances. The 5% ($420,000 approximately) bonus will be paid from unexpended FY 2016/17 revenue. Coordinated With: City Manager's Office Finance Office Attachments: Resolutions AFSCME MOU LEMG MOU RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE CITY AND THE LYNWOOD EMPLOYEES ASSOCIATION (LEA)/AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1920 (AFSCME) WHICH SETS FORTH ALL WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the current Memorandum of Understanding ("MOU") between the City of Lynwood and the Lynwood Employees' Association (LEA)/American Federation of State, County and Municipal Employees, Local 1920 (AFSCME) expired on June 30, 2016; and WHEREAS, collective bargaining was conducted in good faith between the City and Lynwood Employees' Association (LEA)/American Federation of State, County and Municipal Employees, Local 1920 (AFSCME) in accordance with the provisions of the Myers-Milias Brown Act; and WHEREAS, mutual agreement between the two parties has been reached. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The attached comprehensive MOU (Exhibit A), which includes all agreed upon hours, wages, and other terms and conditions of employment and supersedes any previous collective bargaining agreements between the City of Lynwood and the Lynwood Employees' Association (LEA)/American Federation of State, County and Municipal Employees, Local 1920 (AFSCME), is adopted. Section 2. The City Manager is authorized to amend any current policies and procedures as necessary to reflect the provisions of the attached MOU. Section 3. That the City Manager or his designee may carry out any transactions that may be necessary as so ordered by this resolution. Section 4. This resolution shall become effective immediately upon its adoption. C PASSED, APPROVED AND ADOPTED this 31St day of July, 2017. Maria Santillan Mayor ATTEST: Maria Quinonez Alma Martinez City Clerk City Manager APPROVED AS TO FORM: Noel Tapia City Attorney 7 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE CITY AND THE -LYNWOOD EMPLOYEES MANAGEMENT GROUP (LEMG) WHICH SETS FORTH ALL WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the current Memorandum of Understanding ("MOU") between the City of Lynwood and the Lynwood Employees Management Group (LEMG) expired on June 30, 2017; and WHEREAS, collective bargaining was conducted in good faith between the City and Lynwood Employees Management Group in accordance with the provisions of the Myers-Milias Brown Act; and WHEREAS, mutual agreement between the two parties has been reached. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The attached comprehensive MOU (Exhibit A), which includes all agreed upon hours, wages, and other terms and conditions of employment and supersedes any previous collective bargaining agreements between the City of Lynwood and Lynwood Employees Management Group, is adopted. Section 2. The City Manager is authorized to amend any current policies and procedures as necessary to reflect the provisions of the attached MOU. Section 3. That the City Manager or his designee may carry out any transactions that may be necessary as so ordered by this resolution. Section 4. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 31St day of July, 2017. Maria Santillan Mayor ATTEST: Maria Quinonez Alma Martinez City Clerk City Manager APPROVED AS TO FORM: Noel Tapia City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD EMPLOYEES' ASSOCIATION/AFSCME LOCAL 1920, AFL-CIO FOR SUBMI.SSION TO THE LYNWOOD CITY COUNCIL July 1, 2016 to June 30, 2020 2 TABLE OF CONTENTS ARTICLE 1 IMPLEMENTATION ................. 1 ARTICLE 2 EMPLOYEE ORGANIZATION RECOGNITION..... 1 ARTICLE 3 EMPLOYEE ORGANIZATION DUES DEDUCTION. 1 ARTICLE 4 NON-DISCRIMINATION PLEDGE. .............. 3 ARTICLE 5 CITY RIGHTS................................ 3 ARTICLE 6 UNION RIGHTS ..................... 4 ARTICLE 7 NO STRIKE................................. 5 ARTICLE 8 HOURS OF WORK ........................... 6 ARTICLE 9 ATTENDANCE . . .............................. 6 ARTICLE 10 SALARIES/WAGES ........................... 7 ARTICLE 11 STEP INCREASES ............................ 8 ARTICLE 12 LONGEVITY PAY ............................. 9 ARTICLE 13 ACTING SUPERVISORY PAY ................ 9 ARTICLE 14 ADDITIONAL DUTIES PAY ..................... 10 ARTICLE 15 PROJECT COORDINATOR PAY ................ 10 ARTICLE 16 STANDBY PAY ............................... 10 ARTICLE 17 CALL BACK PAY ............................. 11 ARTICLE 18 BILINGUAL PAY .............................. 11 ARTICLE 19 SHIFT DIFFERENTIAL PAY .................... 12 ARTICLE 20 EDUCATIONAL INCENTIVE PAY .............. 12 ARTICLE 21 UNIFORM AND CLOTHING ALLOWANCE ........ 13 ARTICLE 22 MILEAGE REIMBURSEMENT .................. 14 ARTICLE 23 OVERTIME................................ 14 ARTICLE 24 ELIMINATION OF EXEMPT STATUS............. 15 ARTICLE 25 EMPLOYEE INSURANCE COVERAGE .......... 15 2 ARTICLE 26 .WORK RELATED INJURIES ..................... 17 ARTICLE 27 SICK LEAVE POLICY ......................... 17 ARTICLE 28 BEREAVEMENT LEAVE ........................ 18 ARTICLE 29 EMERGENCY LEAVE .......................... 19 ARTICLE 30 JURY DUTY................................. 19 ARTICLE 31 MILITARY LEAVE ............................. 19 ARTICLE 32 UNPAID LEAVE OF ABSENCE................... 19 ARTICLE 33 FAMILY CARE AND MEDICAL LEAVE POLICY...... 20 ARTICLE 34 HOLIDAYS.................................. 26 ARTICLE 35 ANNUAL VACATION LEAVE ...................... 28 ARTICLE 36 LEAVE BENEFIT ACCRUAL RATES ................ 29 ARTICLE 37 RETIREMENT POLICY ........................... 30 ARTICLE 38 GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE ........................... . 31 ARTICLE 39 LAYOFF.................................... 33 ARTICLE 40 FULL FAITH AND CREDIT CLAUSE ............. 35 ARTICLE 41 SAVINGS CLAUSE ........................... 35 ARTICLE 42 PROMOTIONAL OPPORTUNITIES .............. 35 ARTICLE 43 RENEGOTIATION .......................... 35 ARTICLE 44 TERM...................................... 35 ARTICLE 1 IMPLEMENTATION The wages, hours and conditions of employment that are set forth in this Memorandum of Understanding (hereinafter called the "MOU") have been discussed and jointly proposed by and between representatives of the Municipal Employee Relations Officer of the City of Lynwood (hereinafter called "City") and representatives of the Lynwood Employees' Association, AFSCME Local 1920, AFL-CIO (hereinafter called "Union"), and shall apply to all employees of the City working in the classifications as set forth in Exhibit A. The terms and conditions of employment that are set forth in this MOU have been discussed in good faith between the City and the Union; the representatives of the Union represent that the general membership of the Union have ratified this MOU, and the Municipal Employees Relations Officer agrees to recommend to the Lynwood City Council the adoption of this MOU in its current form or through a separate resolution that incorporates all of the items and conditions of employment as set forth herein. Upon the adoption of such a resolution, all terms and conditions of this MOU, shall become effective as provided without any further action by either party. ARTICLE 2 EMPLOYEE ORGANIZATION RECOGNITION The City continues to recognize the Union as the recognized employee organization for all non -fire, non -management hourly or part-time classifications (hereinafter called the "Unit") which are approved and listed in Exhibit A or hereinafter approved by the City to the fullest extent allowable under California law applying to public employees and as further defined in Resolution 2002.103, adopted by the Lynwood City Council on July 16, 2002. The Union agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of any action that shall be taken by the City for the purpose of complying with this Article. Any employees in this unit who have authorized Union dues deductions on the effective date of this MOU or at any time subsequent to the effective date of this MOU shall continue to have such dues deduction made by the City during the term of this MOU; provided, however, that any employee in the Unit may terminate such Union dues during the thirty -day period commencing ninety days before the expiration of the MOU by notifying the Union of their termination of Union dues deduction. Such notification shall be by certified mail and should be in the form of a letter containing the following information: employee name, employee number, job classification, department name and name of Union from which dues deductions are to be cancelled. The Union will provide to the City with the appropriate documentation to process these membership dues cancellations within ten (10) business days after the close of the withdrawal period. It is understood and agreed that all non -management staff within the City Manager's Department; Payroll Specialist in the Finance and Administration Department and Office Assistant II in the Human Resources Department are confidential positions within the Union which constitute a separate bargaining unit represented by the Union and which is covered by the terms of this MOU. ARTICLE 3 EMPLOYEE ORGANIZATION DUES DEDUCTION Section 1 - Pavroll Deductions The City shall deduct from each Unit member's first and second paycheck of each month and remit to the Union all such monies as are authorized in writing either by the employees individually or pursuant to the City's agency shop agreement with the Union, to the extent required by law. Such employee authorizations shall comply with appropriate laws and regulations, and shall be made on a form provided by the City. Section 2- Agency Shop In early 2009, the Union and the City jointly requested a card check election to implement an "agency shop" arrangement per Government Code Section 3502.5, which was approved by notice from the State of California Department of Industrial Relations by letter dated April 4, 2009. As a result, all employees in the Unit were required as a condition of continued employment effective with the July 16, 2009 payroll, either to join the Union or to pay the Union a "service fee" in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the Union. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of the Group, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the City with a copy of the financial reports. All Union dues or fees shall be made by payroll deduction as required by Government Code section 3508.5. Payroll deduction will be conducted on a bi-monthly basis (two times per month unless there are three pay days in one month, then the third pay day will be exempt from service fee and/or dues collection). The City shall increase dues deduction to match AFSCME minimum dues annually and/or implement any changes in dues voted on by Local 1920 within 60 days after notice from the Union. Pursuant to Government Code Section 3502.5 (c), an employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support a public employee organization as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following list of three of qualifying funds: the American Cancer Society, Cystic Fibrosis Foundation, and the Junior Blind of America. Proof of the payments shall be made by the employee to the City on a monthly basis as a condition of continued exemption from the requirement of financial support to the Union. 2 The Union shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action relating to dues deduction, agency shop, or any provision or obligation set forth in this Section. The City reserves the right to select its own counsel for its defense hereunder at the Union's expense. Section 3- Maintenance of Membership Employees who become members of the Union shall remain members of the Union for the duration of this Agreement, unless promoted to a position in which Union membership is not permitted, in which event Union membership will be terminated on the effective date of the promotion. Section 4- AFSCME PEOPLE Deductions The Employer agrees to deduct from the wages of any employee who is a member of the union an AFSCME PEOPLE deduction as provided for in a written authorization. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the employer and the union. The Employer agrees to remit any deductions made pursuant to this provision promptly to the union together with an itemized statement showing the name of each employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance. ARTICLE 4 NON-DISCRIMINATION PLEDGE It is agreed that neither the City nor the Union shall discriminate against any employee because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, age, sexual orientation of any person, Union membership or activity or political affiliation. This prohibition shall include any other protected characteristics not mentioned here as may be subsequently required by law pursuant to Government Code Section 12940. ARTICLE 5 CITY RIGHTS Section 1 It is understood and agreed that the City retains all of its powers and authority to direct, manage and control its operations to the full extent of the law. Said powers and authority include, but are not limited to, the exclusive rights to: determine its organization; direct the work of its employees; determine the times of operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its policies, goals and objectives; determine staffing patterns, determine the number and kinds of personnel required; maintain the efficiency of City operations; build, move, modify or close facilities; establish budget 3 procedures and determine budgetary allocations; determine the methods of raising revenue; contract out work; and take action on matters in the event of emergency. In addition, the City retains the right to hire, classify, assign, evaluate, transfer, promote, terminate and discipline employees. Subject to any rights of employee provided in this MOU or applicable law. Section 2 In cases of emergency, the City retains its right to amend, modify or rescind provisions of this MOU. Such amendment, modification or recession all remain in force only for the period of the emergency. The determination of whether or not an emergency exists is solely within the discretion of the City Council ARTICLE 6 UNION RIGHTS The Union shall have the right to conduct Union business as follows: A) The right to use City facilities to hold official scheduled meetings regarding Union business. The right to use City equipment including telephones and photocopiers for reasonable Union purposes in an amount not to exceed fifty dollars ($50) per month. If the amount exceeds the $50 limit, then the Union shall reimburse the City for such costs, including copy charges of three cents (3¢) and five cents (5¢) per page for letter or legal size copies, respectively, and eight cents (8¢) and fifteen cents (15¢) for color copies of same. Reasonable Union purposes and/or business shall not include administrative claims or proceedings, civil proceedings, political activities, campaigning, or any decertification or representation disputes with any other employee organization or Union. B) The right to post information concerning elections, benefits, notices, reports, programs and promotions. (Bulletin Board). C) The right to notice by the City of new employees in the unit. Such notice shall include name, home address, home phone number, classification, work hours, department, starting salary, and work location. D) The Human Resources Department shall distribute informational materials provided by the Union to new employees and fifteen (15) minutes will be set aside for the employee to meet with an Union representative during the in -processing orientation. Any additional meetings between new hires and Union Shop Stewards shall be outside normal business hours. E) The right to designate authorized representatives who shall have access to work locations and employees subject to Department Head approval, when such access does not unduly interfere with departmental operations and is in the course of grievance resolution. The Union may designate one Shop Steward 4 per department. The Union may, at its sole discretion, assign a Steward from another department as may be necessary on a case by case basis, with written notification including explanation to the City. The assigned steward shall request in writing and shall be allowed reasonable time off during duty hours for this purpose, provided the time requested does not substantially impact departmental operations. In the event the steward cannot be released as requested, the supervisor shall provide an alternate time within the next forty-eight (48) hours. In the event that an alternate time is provided, all time limits in the grievance procedure shall be extended for an amount of time equal to the delay. Stewards shall be designated in advance by written notice from the Union to the Human Resources Director and the Steward's Departmental Director. F) The Union shall be allowed the use of the City's intranet for purposes of Union communications. As the City Manager's Designee, the Human Resources Director or any staff member in the HR Department designated by the HR Director will provide final review and approval of all related content/information. G) The Union shall be entitled to hold four (4) one-hour meetings annually, or one per quarter during duty hours. These meetings will be held from 5:00 - 6:00 p.m. and all, as reasonably possible, Union represented employees shall be released from work in order to attend. In addition the Union shall be entitled to one (1) hour of release time each month for executive board meetings on the first Thursday of each month at 10am, with proper notice given to their immediate supervisor or, if supervisor not available, department head, Human Resources, and the City Manager. H) During successor MOU negotiations, the Union to request, and HR Director to review and approve, appropriate and reasonable release time during duty hours for designated Union representatives to prepare for and attend labor negotiation meetings with the City negotiation representatives. 1) The City shall provide the Union as well as the effected employee at least twenty- four (24) hour advance notice of any City requested meetings such as investigations, discipline, termination, reasonable accommodation, return to work, or "interactive process", unless such meetings are an emergency with less than twenty four hour advance scheduling, in which case notice shall be given to the Union and the effected employee as soon as possible. J) Upon request of either party the City and the Union shall hold a Joint Labor Management Committee (JLMC) meeting to discuss items including, but not limited to safety, and implementation of new policies and procedures as it relates to impacted LEA employees. Said committee shall consist of the Union executive board and HR Director, and/or their designees including any relevant department director. This JLMC provision is not intended to violate or supersede any City Rights listed in Article 5. ARTICLE 7 5 NO STRIKE Section 1 Prohibited Conduct A) The Union, its officers, agents, representatives and or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sick-out, or any other job action by withholding or refusing to perform services. B) Any employee who participates in any conduct prohibited in subsection A above, shall be subject to termination by the City. C) In addition to any other remedies or disciplinary actions available to the City if the Union fails, in good faith, to perform all responsibilities listed below in Section 2 A below, the City may suspend any and all of the rights, privileges, accorded to the Union under the Employer -Employee Relations Resolution in this MOU including, but not limited to, right of access, check -off, the use of the City bulletin boards and facilities. Section 2 Union Responsibility A) In the event that the Union, its officers agents, representatives, or members engage in any of the conduct prohibited in Section 1 A, above, the Union shall immediately instruct any persons engaging in such conduct is in violation of this MOU and unlawful and they must immediately cease engaging in conduct prohibited in Section 1 A, and return to work. B) If the Union performs all of the responsibilities set forth in Section 2 A above, then its officers, agents, representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU in violation of Section 2 A above. ARTICLE 8 HOURS OF WORK All classified City employees shall work five (5) eight (8) hour shifts per week, Monday 6 through Friday, except as designated by other resolutions and ordinances enacted by the City Council and by directives of the City Manager acting within the framework of said resolutions and ordinances. Resolution 76-86 provides that no CalPERS eligible hourly person, temporary help or seasonal worker shall not work more than thirty-five (35) hours in any week. The City shall convert such CalPERS eligible part-time employees to full time positions by 7/1/2017. Non-CaIPERS hourly part-time person, temporary help or seasonal worker shall not work more than twenty (20) hours in any week. All employees covered by this MOU shall continue to be eligible to work a compressed workweek (4/10 or 9/80) or flexible work schedule as mutually agreed between the employee and their immediate supervisor. The City shall notify all employees of changes in their work schedule at least fifteen (15) days before such change is to be implemented. Each City Department shall establish a time off and schedule policy. ARTICLE 9 ATTENDANCE Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. If an employee is unable to report to work, he/she must notify his supervisor in accordance with departmental policy. Failure to do so may result in disciplinary action. Any employee who is unable to report to work for a period in excess often (10) working days must be on paid leave status (vacation, holiday or sick leave) or must apply to the department head for an unpaid leave of absence. Failure on the part of an employee, absent without leave, to return to duty within twenty-four (24) hours after notice to return shall be deemed a resignation unless an acceptable reason is given. Such notice to return shall be sent by registered mail to the addressee only, return receipt requested. It is the responsibility of the employee to notify the supervisor and the Human Resources Department of any change of address or telephone number. ARTICLE 10 SALARIES/WAGES Section 1 —Salary Adjustments a. Between July 1, 2016, and June 30, 2017, all full-time represented Unit members shall not receive a Cost of Living Adjustment ("COLA") increase. 7 b. Effective July 1, 2017, all full-time represented Unit members shall receive one percent (1%) base salary. COLA increase. Effective the first full pav peri d. Effective July 1, 2018, all full-time represented Unit members shall receive three percent (3%) base salary COLA increase. e. Effective July 1, 2019, all full-time represented Unit members shall receive four percent (4%) base salary COLA increase. Effective September 1, 2018, the City and the Union shall jointly conduct a class and compensation study. The Union shall submit three consulting firms for the purposes of this study. The goal will be to evaluate AFSCME Local 1920 bargaining union positions in an effort to assure fair and equitable compensation. Study shall be completed by March 30, 2019 and the final assessment shall be implemented no later than December 31, 2019. Section 2 - Employer Paid Member Contributions to CalPERS Effective the start of the first full pay period in January 2013, all CaIPERS eligible employees in the Unit shall cease receiving any Employer Paid Member Contribution being paid by the City to CaIPERS. In other words, all Union represented CalPERS eligible employees regardless of hire date shall be responsible for their full eight percent (8%) member contribution to CalPERS. Section 3 - Mandatory Direct Deposit All Unit members shall be on mandatory electronic direct deposit. Section 4 Reorganization 0 ARTICLE 11 STEPINCREASES Employees are eligible for a step increase upon successful completion of probation and thereafter will be considered on the basis of merit after intervals of one (1) year. Section 1 Any employee hired or promoted to Step A of a different range of pay, shall receive the Step B salary at the successful completion of the probationary period. Increases to Step C, D and E within any pay range shall be based on satisfactory job performance by the individual and shall be reviewed at least at the following time intervals: Step C - One (1) year after the Step B increase Step D - One (1) year after the Step C increase Step E - One (1) year after the Step D increase Section 2 Employees hired or promoted to any step above Step A shall receive the next step at the successful completion of the probationary period. Other increases within the range shall be followed in the method described in Section 1. Section 3 New employees, as well as current employees accepting another position within the Unit, shall be appointed at the first step of the salary range to which their class is assigned, except when the education and previous training or experience of a proposed employee are substantially superior to those required of the class and justify a beginning salary in excess of such minimum compensation. Upon recommendation of the department head, the City Manager may authorize an appointment to this position at any higher step. The department head shall submit his recommendation to the City Manager in such form, together with such information as the City Manager may require. The provisions of this Article do not apply to those hired or employed on an hourly basis. ARTICLE 12 LONGEVITY PAY A longevity pay program is hereby established for regular full-time City employees as follows: 1 % of base salary at the end of seven (7) years of service; and an additional 1 % of base salary at the end of twelve (12) years of service; and an additional 1 % of base salary at the end of seventeen (17) years of service; and an additional Effective 7-1-95: 2% of base salary at the end of twenty-two (22) years of service The additional percent(s) to base salary shall be paid on normally assigned position and not any temporary or special assignment. In addition, benefits shall not accrue during the term of an unpaid leave of absence nor does such time count as service time for step increases, seniority or other purposes. ARTICLE 13 ACTING SUPERVISORY PAY At such time as a supervisory position becomes temporarily vacant for reasons of sick leave, leave of absence or injury on duty status, a civil service employee may be assigned the supervisory duties and designated as "acting." Further, at such time a supervisory position becomes vacant on other than a temporary basis as described above, i.e., without an incumbent, a civil service employee, who has less than the minimum training or experience requirements for temporary appointment, may be assigned the duties and designated as "acting" upon determination by the supervisor, the department head (or City Manager, if appropriate) that said employee is best qualified to perform all or a substantial portion of the duties of the supervisory position. The selection of the employee for "acting" status shall be within the sole discretion of the department head. Employees acting in a supervisory position, shall not be entitled to any additional compensation for doing so unless they work eight (8) or more days in that assignment at which time they shall be entitled to acting compensation retroactive to the first day of that assignment. Such compensation shall continue until such time as the incumbent returns or, in the case of a position being vacant, the employee meets the temporary appointment requirements, but in no case shall temporary duty last longer than one -hundred -eighty (180) days except by mutual agreement by employee and the City. Acting compensation is at the step rate in the supervisory position range which exceeds but is closest to the employee's current rate of pay in the permanent position or one -hundred fifty dollars ($150.00) per month, whichever is less. Part-time employees are excluded from this provision. ARTICLE 14 10 ADDITIONAL DUTIES PAY When an employee is officially determined by their Department Head and the HR Director to be temporarily performing additional duties outside his/her classification, such employee shall be compensated an additional five percent (5%)above their base salary for the time spent performing those additional duties. Eligibility for the additional pay shall commence after fourteen (14 days in any four (4) month period of performing the additional duties and shall not be retroactive. Any employee receiving Acting Duty Pay or Project Coordinator Pay for performing duties outside the employee's classification shall not be eligible for Additional Duties Pay for performing those same duties for which they are already being compensated. ARTICLE 15 PROJECT COORDINATOR PAY Upon recommendation of the respective department head, and review and approval by the HR Director and City Manager, employees are eligible for Project Coordinator Pay in increments of one hundred dollars ($100) up to a maximum of five hundred dollars ($500) per month. Project Coordinator Pay is intended for performing duties on a project basis outside an employee's job classification and is limited to a twelve (12) month (one calendar year) period unless otherwise approved by the City Manager or his/her designee. Any employee receiving Acting Duty Pay or Additional Duties Pay for performing duties outside the employee's classification shall not be eligible for Project Coordinator Pay for performing those same duties for which they are already being compensated. ARTICLE 16 STANDBY PAY All non -management, except hourly employees, in the Recreation and Community Services and Public Works Department who have experience and training to perform call back duties are eligible for standby duty. When an employee is required to be available for immediate emergency call back at times the employee is not otherwise on duty, the employee shall be compensated at the rate of twenty dollars ($20.00) per shift, which constitutes Standby Pay. All employees during the period they are scheduled for such duty shall perform such services as may be designated by the City Manager or his designee and shall be available at all times during the duty shifts for emergency work. No overtime credit shall be accrued to employees on standby shifts. However, the call back pay provisions, as provided in Article 17 of this MOU, apply when an employee on standby duty is required to return to work. The City shall have one combined standby crew for Public Works and Recreation and Community Services call backs. 11 Part-time employees shall not be assigned to standby duty. A standby shift for a working day is hereby fixed as a duty period extending from 5:00 PM to 6:30AM of the following day. From 6:30AM on Fridays (4/10 work week), Saturdays, Sundays, and holidays to 6:30AM of the following day shall be considered as two (2) standby shifts and the employee will be paid forty dollars ($40.00). ARTICLE 17 CALL BACK PAY Call back pay is work incurred at the direction of the supervisor, department head or City Manager wherein City employees are ordered to return to work for the welfare of the public and the City. In the event an employee, including an employee on standby, is called back or required to report to work, such employee shall be paid a minimum of two and one-half hour at the rate of pay applicable under the Fair Labor Standards Act (time and one-half of the regular rate if the hours worked exceed forty (40) in the work week). Response to further emergency calls within the paid two and one-half (2 Y2) hour minimum period do not result in additional two and one half (2 'h) hour minimum periods. Call back time begins from the time the employee reaches the place of employment, unless the employee is driving a City vehicle directly to the worksite, then the City shall pay for travel time to and from the worksite. Regular standby shifts are not considered overtime and are covered elsewhere in this MOU. Part-time employees are excluded from the provisions of this Article. ARTICLE 18 BILINGUAL PAY The City Manager may grant compensation to full-time employees who have passed their initial probationary period and CalPERS eligible part-time employees for using bilingual skills in the course of work, providing that such use is for at least twenty percent (20%) of the employee's working time for either written or oral communication. Employees required to use bilingual skills in the course of their work may request bilingual pay by submitting written justification approved by the department head to the City Manager. Those employees approved for bilingual pay shall be required to pass a language proficiency examination. Effective July 1, 2017, bilingual pay shall be one hundred dollars ($100.00) per month paid on a bi-weekly basis effective the first full pay period after the first of the month following the submission of a personnel status form with proper approval. All former and new employees shall be re/tested prior to receiving the pay increase. 12 ARTICLE 19 SHIFT DIFFERENTIAL PAY Effective July 1, 2017, full-time employees shall receive a Shift Differential Pay of $1.00 per hour when scheduled after 6:OOP.M. and before 7:OOA.M. This Shift Differential Pay does not apply to public emergency response situations where standard overtime rules exist. WEEKEND SHIFT PAY Effective July 1, 2017, full-time employees shall also receive a Shift Differential Pay of $1.00 per hour when scheduled to work on a Friday, Saturday, or Sunday. This Shift Differential Pay does not apply to public emergency response situations where standard overtime rules exist. ARTICLE 20 EDUCATION INCENTIVE PAY To encourage employees in undertaking outside study to the end that they may perform their duties in a more efficient manner, a system of education incentive pay, over and above established pay schedules, is hereby established. Effective the first full pay period following ratification, Education Incentive Pay is allowable for completed courses of approved subjects at accredited schools, and is fixed at one dollar ($1.00) per month for each semester unit of credit satisfactorily completed by the employee with a grade of "C" or better. A quarter unit is the equivalent of a semester unit and is compensated at one dollar ($1.00) per month for each semester unit. Maximum pay is fixed at one -hundred fifty dollars ($150.00) per month. All courses of study must have prior approval by the employee's department head and the City Manager in order to receive education credit. Accredited schools are herein defined as colleges, junior colleges, universities or other accredited schools providing college credit as may be approved by the City Manager. The City will pay up to one -hundred dollars ($100.00) per month incentive to Public Works employees upon certification from the California State Board of Registry as a Certified Professional Engineer (PE) or Engineer in Training (EIT) (Civil). The City will pay up to one -hundred dollars ($100.00) per month incentive to Water Service Workers upon receipt of a Grade II Water Treatment Operator Certificate or Water Backflow Tester Certificate and up to one -hundred dollars ($100.00) per month incentive to Code Enforcement Officers, Building Inspector and Housing Rehabilitation Specialists upon certification from the International Conference of Building Officials as a Building Inspector or from NAHRO as a Construction Rehabilitation Specialist. Effective July 1, 2017, the City shall pay seventy-five dollars ($75.00) per month for employees, in the following classifications, who have a California Class A Driver License from the CA DMV and use said license for work: Street Maintenance Worker Street Maintenance Lead Worker Senior Street Maintenance Worker 13 Water Service/Wastewater Worker I II Water Service/Wastewater Lead Worker Senior Water Service/Wastewater Work Suitable written certification from the school or granting agency showing satisfactory completion of each course or program shall be submitted to the Human Resources Division for personnel records. Education Incentive pay shall commence the first full pay period in the month following the submission of written certification. The City will contribute one -hundred percent (100%) of the cost of tuition fees for such courses, up to seven -hundred fifty dollars ($750.00) per semester or quarter course while the employee is accruing the one -hundred fifty dollars ($150.00) per month maximum education incentive pay. The maximum City contribution to cost of tuition, fees (including parking), materials, taxes, and books is one -thousand five- hundred dollars ($1,500.00) annually. Tuition Reimbursement Program guidelines are available through the Human Resources Division. The provisions of this section do not apply to part-time employees or employees undertaking an approved course during a regular work day or assigned shift. Bachelor's/Master's Degree Pay Certain positions within the Group do not require degrees of higher education. Effective July 1, 2017, the City shall pay employees one hundred dollars ($100.00) per month who have graduated and received a bachelor of arts or bachelor of science degree from an accredited college or university, or the City shall pay employees two hundred dollars ($200.00) per month who obtain a master's degree from an accredited college or university. An employee may not receive payment for having both a bachelor of art or a bachelor of science degree and a master's degree. The employee may only receive payment for the master's degree. Compensation under this section only applies to those employees whose positions do not require a bachelor's or master's degree as set forth in the City's official job description(s). In order to qualify for compensation under this section, employees must submit a request for compensation, submit proof of the degree obtained, and receive approval by the City Manager. ARTICLE 21 UNIFORM AND CLOTHING ALLOWANCE The City shall furnish annually to all hourly Recreation employees three (3) shirts and one (1) windbreaker identifying them as City employees. All Natatorium personnel shall be provided with two (2) swimsuits annually to identify them as City employees. The City will furnish Public Works Department employees whose duties require uniforms, nine (9) uniform changes per year plus two (2) additional laundered shirts per week. The City will furnish all Public Safety employees (Animal Control, Parking Enforcement, and Code Enforcement) with six (6) sets of uniforms per year. 14 Effective July 1, 2017, employees identified below that are required to wear OSHA safety boots/shoes shall receive two -hundred dollars ($200.00) as a uniform allowance annually. The allowance is taxable and will be included within the employee's paycheck. Positions entitled to uniform and/or clothing allowances are identified below as follows: Street Maintenance Worker Street Maintenance Lead Worker Senior Street Maintenance Worker Maintenance Worker / Laborer (Assigned to Street, Water, Right -of -Way, Grounds Maintenance) Wastewater Service Worker I Wastewater Service Worker II Wastewater Service Worker I II Wastewater Service Lead Worker Senior Wastewater Service Worker Electrical Maintenance Worker Park Maintenance Lead Worker Building Maintenance Worker Custodian Public Works Inspector Utility Worker Code Enforcement Officer Parking Enforcement Officer Animal Control Officer EQUIPMENT It is the responsibility of the City to provide all equipment required for each job. In the case of Public Safety positions (Code Enforcement, Parking Enforcement, and Animal Control Officers) the equipment to be provided by the City shall include necessary safety equipment, including, but not limited to pepper spray, radios, flashlights, handcuffs, and bullet proof vests, as well as catch -sticks and bite -sticks for animal control officers. 15 ARTICLE 22 MILEAGE REIMBURSEMENT With the approval of the department head and the City Manager, the City will reimburse full-time and part-time employees required to use their personal vehicles for the purpose of conducting City business at the current rate contained in the Internal Revenue Service code book at the time of use. Necessity for and payment of out-of-town mileage must be approved by the employee's supervisor. The employee must document the date, destination and beginning and ending odometer from his or her vehicle in supporting the request. Said information must be logged on Mileage Claim Form when requesting payment. ARTICLE 23 OVERTIME Section 1 Definition Time worked over and above the forty (40) hour work week which the supervisor has determined is required for the employee to complete assigned work. Time shall be allowed in increments of 1/4 hour. Hours not worked, such as sick leave, vacation and floating holidays are not counted as time worked when computing overtime. Those holidays identified in Article 35, Section 2, shall be counted as time worked when computing overtime. Section 2 Methods of Overtime Compensation An employee who works in excess of forty (40) hours in a workweek shall receive compensatory time at the rate of 1.5 hours for each hour worked in excess of forty (40) per workweek to a maximum of sixty (60) hours of compensatory time. An employee has the option of either pay for overtime or accrual of overtime to the maximum hours allowed by marking the appropriate section on the timecard for the payroll period during which the overtime was worked. Any hours in excess of sixty (60) hours will be paid. Accumulated compensatory time up to the sixty (60) hour maximum will only be paid as described below or upon termination. The City will allow for thirty (30) hours of buy back of accrued compensatory time. In addition, for converting other forms of leave to cash, excluding sick leave, please see Article 36, Annual Vacation Leave. The form will be available in the Human Resources Department. The City reserves the right to reject a request to take compensatory time if it determines that the absence of the employee at the time requested would unduly disrupt the City's operations. Section 3 Procedures for Reporting Overtime Overtime should be reported as actual hours on the appropriate line provided on the time card, i.e., overtime to be paid or overtime to be accrued. Finance will do all the necessary 16 calculations. Cumulative totals will be reported on the employee's check as is current practice. ARTICLE 24 ELIMINATION OF EXEMPT STATUS Effective July 1, 1982, all full-time employees who are in classifications covered by this MOU shall no longer be considered "Exempt". All such employees shall be subject to all provisions of this MOU except that any employee who was hired as an "Exempt" employee prior to July 1, 1982 and has not completed the probationary period shall be entitled to accrue and use holidays and vacation during such probation. ARTICLE 25 EMPLOYEES' INSURANCE COVERAGE The City shall provide funding for medical expenditures as follows: A) The City is a contracting agency for participation in the Public Employees' Medical and Hospital Care Act ("PEMHCA"). Government Code Section § 22892 provides for the minimum employer contributions to allow enrollment in PEMHCA. B) Effective January 1, 2013, the City's minimum contribution to PEMHCA was increased from one hundred twelve dollars ($112.00) to one hundred fifteen dollars ($115.00) per month and shall from calendar year to calendar year, continue to be adjusted to correspond with statutory amended minimum employer contribution rates. C) For each employee in the represented Unit hired prior to January 1, 2009, the City will fund an amount which, when added to the minimum mandated employer contributions to participate in PEMHCA,. equals the "Other Southern California Region" (as defined by PEMHCA) Family Premium Rate for Kaiser coverage, as that amount from time to time exists. This funding will be implemented by a combination of (a) direct contributions by the City to CaIPERS of eighty percent (80%) of the "Other Southern California Region" (as defined by PEMHCA) Family Premium Rate for Kaiser coverage and (b) direct contributions by the City of twenty percent (20%) of "Other Southern California Region" (as defined by PEMHCA) Family Premium Rate for Kaiser coverage under a health reimbursement arrangement maintained for those employees by the City. D) For each employee in the represented Unit hired on and after January 1, 2009, the City will fund an amount which, when added to the minimum mandated employer contributions to participate in PEMHCA, equals eighty percent (80%) of the "Los Angeles Area Region" (as defined by PEMHCA) Kaiser Family coverage rate. E). The balance of any premiums due for coverage selected by the employee for 17 the employee and eligible dependents will be funded under a cafeteria plan by payroll deductions from each such employee. F) For employees hired on or after September 1, 2011, the City has "capped" City paid health insurance at one thousand one hundred twenty-eight dollars and forty cents ($1128.40) per month, which at that time was the rate of the Kaiser Family Los Angeles Region coverage for calendar year 2011. Note: this means that employees hired on or after September 1, 2011 are responsible for paying the difference for calendar year 2012 and beyond on any increases to health insurance above the capped amount. G) Regardless of date of hire, an employee may select any of the Health Insurance Plans offered through PEMHCA, for the employee and any eligible dependents. H) With verifiable proof of non -City health benefits coverage as determined by the HR Director, employees shall be eligible to receive either cash -in -lieu of benefits on a post -tax basis or a contribution in lieu of benefits to deferred compensation on a pre-tax basis in an amount equivalent to the Los Angeles county Kaiser "Employee Only" rate or five hundred dollars ($500) per month, whichever is less. Caveat: If an administrative or judicial entity finds this Article to be invalid or of negative financial impact to the City, to its employees and/or to the provision of these benefits, the parties agree that this Article XVIII shall be immediately subject to a meet and confer reopener. The parties do further agree that a substitute provision resulting from the meet and confer process shall result in no greater economic expenditure to the City then that which would have occurred pursuant to the above provisions. The City will continue to pay the full cost of dental plan premiums for fulltime and CalPERS eligible part-time employees and their eligible dependents for the duration of this MOU. The City further agrees to enhance the current dental benefits to include a retirement benefit for employees who retire from active City service with at least five (5) years tenure with the City. Verification of CalPERS retirement application will be required. In March of each year, the City will reimburse active employees for dental plan deductibles incurred in the previous calendar year. Said reimbursement also applies to hourly employees who are eligible for dental coverage. The City shall continue to provide fifty -thousand dollars ($50,000.00) life insurance for all full-time and CalPERS eligible part-time employees with the full cost of the premium paid by the City inclusive of a retirement benefit. The City shall continue to pay the full cost of Vision Plan premiums for all fulltime and CalPERS eligible part time employees and their dependents inclusive of a retirement benefit clause. The City will reimburse employees up to a maximum of thirty dollars ($30) per eligible dependent/employee for vision co -payments incurred in the previous calendar year with proper documentation. The City shall continue to participate in the State Disability Insurance Program for Unit members with the full cost of such plan to be paid by the City. The City will contribute toward health and dental coverage for all part-time Unit 18 employees who pursuant to CalPERS regulations are members of CalPERS and mandated to participate in the CalPERS health plan. Such benefit shall continue only for such time as CalPERS requires such a contribution. The City shall implement an Employee Assistance Program (EAP) with the full insurance premium incurred by the City for full-time and hourly CalPERS eligible employees. ARTICLE 26 WORK RELATED INJURIES Under the provision of the Worker's Compensation Insurance and Safety Act of California, employees are compensated for injuries sustained in the course of employment, rendering them unable to perform their duties. The City shall provide full salary continuance for thirty (30) calendar days to an employee who is disabled by injury or illness arising out of and in the course of his/her or her duties. Time off work due to an on-the-job injury is not deductible from accumulated sick leave for period not to exceed thirty (30) calendar days. However, there is a three (3) day waiting period which at that time an employee will have to use accrual sick time, this amount may be credited back if the Worker's Compensation claim is approved. The salary continuation may be extended beyond thirty (30) days on a case-by-case basis as approved by the City Manager. Thereafter, compensation shall be only as provided in the Worker's Compensation Insurance and Safety Act. Part-time employees are excluded from the provisions of this Article relating to the salary continuance. ARTICLE 27 SICK LEAVE POLICY Section 1 — Sick Leave Credit Sick leave with pay shall be granted by the City at the rate of one work day for each calendar month of service accrued at 3.69 hours per pay period or prorated if not a full pay period. Sick leave shall not be considered as a privilege which an employee may use at his or her discretion, but shall be allowed only in case of necessity and actual sickness or disability. In no event will sick leave with pay be granted in excess of that which is accrued. Part-time employees shall accrue 1 hour of sick leave with pay per thirty (30) hours worked, per the California Paid Sick Leave law the Healthy Workplaces, Healthy Families Act of 2014. Section 2 — Sick Leave Use In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor prior to, or within two (2) hours after the time set for beginning 19 duty, unless notification is physically impractical. In addition, the employee must complete a "Request for Time Off' form upon his/her return. Such form will need to be attached to his/her timesheet in order to get compensation. Section 3 — Physician's Certification A. An employee shall provide a physician's certification or personal statement verifying that the employee was absent from work due to injury or illness, whenever the employee is absent for three (3) or more days. B. The City may require a physician's release to return to work whenever the City has a reasonable doubt as to an employee's ability to perform the essential functions of the employee's position satisfactorily and safely. Section 4 — Sick Leave Accrual There is no maximum sick leave credit that employees may accumulate. Section 5 — Sick Leave Payoff Program The Sick Leave Payoff Program may be used in one of three (3) circumstances: (1) resignation or termination, (2) retirement (3) annual compensation. The Sick Leave Payoff Program utilizes a maximum limit of 768 hours. The method of compensation shall be on a straight time pay basis at the rate of pay in effect at the time of payoff. A. Upon resignation or termination and only after ten (10) years of continuous City service, an employee shall receive twenty-five (25%) for unused sick leave hours .up to 768 hours. Resignation and termination shall exclude termination for cause and retirements. B. Upon regular service (non -disability retirement, and employee shall receive fifty percent (50%) compensation for unused sick leave hours up to the maximum of 768 hours. Retirement shall exclude disability retirements. C. As part of an employee's annual compensation fifty percent (50%) of sick leave earned beyond 768 hours shall be compensated annually to the employee at the end of each calendar year. The remaining fifty percent (50%) of such excess sick leave remains on the books but shall be used for actual sick leave purposes only and shall not entitle the employee to any additional compensation. Sick leave accrued beyond 768 hours shall be used prior to the earlier earned sick leave. Section 6 — Miscellaneous Provisions A. The City maintains the right to discipline any employee for abusive absenteeism. B. In any calendar year, an employee shall be allowed to use sick leave accrued and available in an amount not less than what would be accrued in six (6) months of employment to attend to the illness of a child, parent or spouse of the employee. For purposes of this section, six (6) months sick leave accrual will be based on thirteen (13) pay periods. It is not the intent of this subsection to extend the maximum period of leave to which an employee is entitled 20 under Section 12945.2 of the Government Code or under the Federal Family and Medical Leave Act of 1993, regardless of whether the employee receives sick leave compensation during that leave. ARTICLE 28 BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, the r -City may grant a four (4) day bereavement leave with pay. "Immediate Family" is defined as mother, father ,grandparents ; spouse or domestic partner, siblings, children or grandchildren of the employee, their spouse, or their domestic partner. In order to receive compensation, the employee must complete the "Request For Time Off"form and attached verification such as a copy of the obituary or a copy of the death certificate. Effective October 1, 1995, all part-time employees who have attained CalPERS eligibility may be granted a three (3) day bereavement leave with pay under the same provisions as stated above. ARTICLE 29 EMERGENCY LEAVE In the event of an emergency, the City may grant the use of a maximum of two (2) days of any paid leave banks of the employees choosing leave annually as emergency leave. Application for emergency leave may be under the following conditions: 1) Hospitalization or illness in immediate family (not covered under Labor Code Section 233/Sick Leave 2) Death in family not covered by bereavement leave., or 3) Other events which preclude the employee's attendance at work and which the department head determines constitutes an emergency. If the department head denies an employee's request for emergency leave, the employee may request in writing that the City Manager review the request. The City Manager's decision shall be final. ARTICLE 30 JURY DUTY The City shall compensate a full-time employee who has been called for jury duty. Compensation shall be at the employee's regular hourly rate of pay. The employee shall remit to the City the amount paid by the courts minus any mileage reimbursement. 21 ARTICLE 31 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of federal and state law. ARTICLE 32 UNPAID LEAVE OF ABSENCE A permanent classified employee may be granted an unpaid leave of absence of up to thirty (30) days for medical, personal and other reasons. Pregnancy shall be treated as any other disability, except that beginning with the first day of absence from the job, a total of four (4) months leave time with, and/or without, pay shall be granted if medically necessary to an employee whether on temporary/hourly or permanent status. Additional time will be considered if the employee remains disabled, and may be authorized subject to the needs of the service as are other disability leaves. Extensions on other leave requests may also be granted for successive periods of up to thirty (30) days each up to a maximum of one hundred eighty consecutive days unless otherwise approved by the City Council only if the City Manager makes the recommendation. Benefits shall not accrue during the term of an unpaid leave of absence nor does such time count as service time for step increases, seniority or other purposes. Available compensatory time off and, in the case of a medical leave request, sick leave shall be used prior to the commencement of a leave of absence. All requests for unpaid medical leave must be in writing and submitted for department head and City Manager approval. The City Manager may approve up to thirty (30) days unpaid leave for personal leave requests. All other requests for leaves of absence must be submitted in writing and be approved by the City Council. Requests for medical leave and extensions of medical leave must be accompanied by a certificate from the employee's physician stating the necessity for the leave or extension. An employee returning from medical leave shall present a certification from the employee's physician stating that the employee is able to return to his/her normal work. The City may, whenever it appears justified, independently verify the physician's statements provided for in this section. During the term of such medical leave the City shall continue to pay the health insurance premiums for the employee only. Upon expiration of an approved unpaid leave of absence the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at the expiration of such leave shall be cause for discharge. Part-time employees are excluded from these provisions with the exception of the pregnancy specification. 22 ARTICLE 33 FAMILY CARE AND MEDICAL LEAVE POLICY Section 1 Statement Of Policy In addition to other leaves available under this MOU and/or other City provided leaves of absences, employees may also be eligible for leave under federal and state law. The City will provide family and medical care leave for eligible employees as required by state and federal law, including leaves under the Federal Family and Medical Leave Act ("FMLA"), the California Family Rights Act ("CFRA"), and the California Paid Family Leave insurance program ("PFL") also known as Family Temporary Disability Insurance program. An individual who is entitled to leave under the FMLA and the CFRA must take PFL concurrent with leave taken under the FMLA and the CFRA. Section 2 Definitions In implementing this policy, the following definitions will apply: A) "12 -Month Period" means a rolling 12 -month period measured backward from the date leave is taken and continuous with each additional leave day taken. B) "Parent" means the biological, foster, or adoptive parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents- in-law. C) "Child" means a child under the age of eighteen (18) years of age, or eighteen (18) years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step -child, a legal ward, a son or daughter of a domestic partner, or a son or daughter who stands in loco parentis to that child. D) "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. E) "Domestic Partner" means a partner as defined in Section 297 of the Family Code. F) "Family Member" means a child, parent, spouse, or domestic partner as defined in this policy. G) "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that involves: 1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., 23 inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery there from); or 2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider as defined under federal and/or state law. H) "Health Care Provider" is defined pursuant to the FMLA and CFRA. Section 3 Reasons For Leave Leave is only permitted for the following reasons: A) The birth of a child or to care for a newborn of an employee or the employee's domestic partner; B) The placement of a child with an employee in connection with the adoption or foster care of a child by the employee or domestic partner; C) Leave to care for a child of the employee, spouse or domestic partner who has a serious health condition; or D) Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position; E) Leave to care for a parent, spouse, or domestic partner who has a serious health condition. Section 4 Employees Eligible For Leave (Not applicable to PFL An employee is eligible for leave if the employee: A) Has been employed for at least twelve (12) months; and B) Has been employed for at least one -thousand two -hundred fifty (1,250) hours during the 12 -month period immediately preceding the commencement of the leave. Section 5 Amount Of Leave Eligible employees are entitled to a total of twelve (12) workweeks of leave during any 12 -month period. A female employee has a reasonable leave of absence of up to four months whenever she becomes disabled as a result of pregnancy, childbirth, or related medical conditions. Four months is the maximum allowed for pregnancy -related disability leave. A female employee who is physically and mentally capable of returning to work before the expiration of four months is not entitled to a full four month leave of absence. 24 Notwithstanding any leaves available under this policy, once an employee exhausts all federal and' state leaves, and any accrued paid leaves, the employee may apply for an unpaid administrative leave of absence pursuant to Article XXXIII for successive periods of up to thirty (30) days each up to a maximum of one hundred eighty (180) consecutive days. The City has the discretion to either grant or deny any request for an unpaid administrative leave. Benefits shall not accrue during the term of an unpaid leave of absence nor does such time count as service time for step increases, seniority or other purposes. A) Minimum Duration of Leave If leave is requested for the birth, adoption or foster care placement of a child of the employee or domestic partner, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse, domestic partner or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. B) Spouses Both Employed by the City In any case in which a domestic partner, husband and wife are both employed by the City and both are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to twelve (12) workweeks during any 12 -month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy. Section 6 Employee Benefits While On Leave Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City's group health insurance to the same extent that coverage is provided while the employee is on the job. Employees may make the appropriate contributions for continued coverage by payroll deductions or direct payments made to these plans. Depending on the particular plan the City will inform you whether the premiums should be paid to the carrier or to the City. Your coverage on a particular plan may be dropped if you are more than thirty (30) days late in making a premium payment. However, you will receive a notice at least fifteen (15) days before coverage is to cease, advising you that you will be dropped if your premium payment is not paid by a certain date. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's 25 control. The City shall have the right to recover premiums through deduction from any sums due the City (e.g. unpaid wages, vacation pay, etc.). Section 7 Employer's Right to Require An Employee to Use Paid Accrued Leaves Concurrently Wi th Family Leave While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting FMLA, CFRA PFL time off, and may also require an employee to use FLMA leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying. Section 8 Substitution Of Paid Accrued Leaves Where an employee has earned or accrued paid vacation and/or administrative leave, that paid leave must be substituted for all or part of any (otherwise) unpaid leave under this policy. As for sick leave, an employee is entitled and may use sick leave concurrently with leave under this policy if: 1. The leave is for the employee's own serious health condition; or 2. The leave is needed to care for a parent, domestic partner, spouse or child with a serious health condition, and would be permitted as sick leave under the City's sick leave policy. As for compensatory time, an employee may use compensatory time concurrently with leave under this policy. As a condition of an employee's initial receipt of family temporary disability insurance benefits during any twelve (12) month period in which an employee is eligible for these benefits, the City may require an employee to take up to two weeks of earned but unused vacation leave prior to the employee's initial receipt of these benefits. If the City requires the employee to take vacation leave, that portion of the vacation leave that does not exceed one week shall be applied to any applicable waiting period for receipt of family temporary disability insurance benefits. Section 9 Medical Certification Employees who request leave for their own serious health condition or to care for a child, parent, domestic partner or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to perform the essential functions of his/her position. A) Time to Provide a Certification 26 When an employee's leave is foreseeable and at least 30 day's notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B) Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided. C) Recertification If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D) Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, or for pregnancy -disability leave, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. Section 10 Employee Notice Of Leave Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) day's notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion; adequately cover the position with a substitute. All notices required under this Policy must be submitted to the department head. Section 11 Reinstatement Upon Return From Leave 27 A) Right to Reinstatement Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA/PFL period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. B) Employee's Obligation to Periodically Report on His/Her Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C) Fitness for Duty Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a fitness -for -duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. ARTICLE 34 HOLIDAYS Section 1 The City and Union agree to incorporate into this MOU the following holidays to be eliminated and have floating holidays replaced them. The holidays to be eliminated are: Washington's Birthday, Lincoln's Birthday, Columbus Day, and Admission Day. A) The total of five floating holidays in a calendar year accrued at a rate of 1.92 hours per pay period. All floating holidays to be taken off are subject to operational and scheduling factors and must be pre -approved by the employee's supervisor. Supervisors may approve Floating Holidays the same day. Employees may take floating holidays in advance of accrual. In addition, an employee must complete a "Request For Time Off' form. B) Subject to (c) below, no floating holidays will be available until the successful completion of the original probationary period. At that time such employees will be credited with a pro -rata portion of the aforesaid five floating holidays based upon the time remaining in the initial calendar year of employment, but in no case less than one day. 28 C) Employees may carryover up to 40 hours of floating holiday each year to be used by June 30th of the following year. D) If an employee fails to successfully complete employment for the said calendar year, the number of floating holidays available to the employee shall be prorated on the basis of the portion of the calendar year for which the employee was employed by the City. If, under such circumstances, the employee has used more floating holidays than were actually available, the City shall make an appropriate reduction in its payment of final compensation to such employee. E) Effective January 1, 1992 the accrual for five (5) floating holidays for full time employees shall be fifty (50) hours per annum based on a 4/10 work schedule. F) In the event the city returns to an 8 hour/5 day work week the accrual rate will reflect such change. G) All employees working a Wednesday through Saturday schedule shall take the subsequent Wednesday off for any holiday landing on a Monday or Tuesday. Section 2 Effective July 1, 2017, employees covered under this MOU shall be allowed the following paid holidays: New Year's Day, January 1, Martin Luther King Jr., third Monday in January; Presidents' Day, third Monday in February; Cesar Chavez Day, March 31; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Veteran's Day, November 11th; Thanksgiving Day, fourth Thursday in November; day after Thanksgiving, fourth Friday in November; Christmas Day, December 25. Personal leave day may be taken on any day of the employee's choosing subject to operational and scheduling factors and must be pre -approved by the employee's supervisor. In addition, the employee must complete a "Request For Time Off' form. The Personal Leave day must be taken within the calendar year or it is lost. Employees who terminate without using their Personal Leave day for that calendar year shall receive payment for this day. When a holiday named in this regulation falls on Sunday, it shall be observed on the following Monday. As the City is currently operated on a flexible work schedule, those holidays which fall on a Friday in any given year will not be observed by 4/10 employees. Those employees working a 5 day/8 hour (5/8) work week will be paid for those holidays falling on a Friday. This provision is made with the understanding that the accrual rates for floating and personal leave time will be adjusted annually for 5/8 scheduled employees as warranted to compensate both the 4/10 and 5/8 work schedules on an equal basis. In the event the City returns to a 5/8 work schedule for all full- time employees, then those holidays falling on a Saturday will be observed on Friday. All Full-time employees who work on an observed holiday shall be compensated with a floating holiday. Employees scheduled to work on any day during the weekends (Friday, Saturday, or Sunday) shall be granted a floating holiday for any hours worked on a Holiday if the Holiday actually falls on one of those days worked, regardless of the day the rest of the City observes the holiday. 29 Section 3 A) Effective July 1, 1991 all hourly employees who have attained CalPERS eligibility shall receive compensation for seven (7) hours in observance of Christmas Day, December 25, annually. B) Effective July 1, 1991 all hourly employees who have attained CalPERS eligibility shall receive one (1) seven (7) hour paid Personal Leave day each calendar year. A Personal Leave day may be taken on any day of the employee's choosing Supervisors may approve Personal Leave Days the same day. In addition, the employee must complete a "Request For Time Off' form. The Personal Leave day must be taken within the calendar year or it is lost. Employees who terminate without using their Personal Leave day for that calendar year shall receive payment for this day. Hourly employees who subsequently attain CalPERS eligibility within said calendar year shall be credited with the Personal Leave day. All other provisions stated in above paragraph shall apply. C) Effective January 1, 2011, all hourly employees who have attained CalPERS eligibility shall receive compensation for seven (7) hours each day in observance of Presidents' Day, third Monday in February and Veteran's Day, November 11th; Section 4 All part-time employees not specifically addressed are excluded from the provisions of this Article. ARTICLE 35 ANNUAL VACATION LEAVE The purpose of annual vacation leave is to enable employee annually to return to his work mentally refreshed. All employees in the classified service shall be entitled to annual vacation leave with pay. Employees not eligible for vacation leave with pay are: Employees still serving their original probationary period in the service of the City; however, vacation credits for the time shall be granted to such employee who later received a permanent appointment. All eligible employees in the first through seventh year of continuous service shall earn vacation credit at the rate of fourteen (14) calendar days (10 workdays) per year. Beginning with the eighth (8th) year and through the fourteenth (14th) year of continuous service employees shall earn vacation credit at the rate of twenty-one (2 1) calendar days (15 work days) per year. Beginning with the fifteenth (15th) year of continuous service and thereafter employees shall earn vacation credit at the rate of twenty-eight (28) calendar days (20 work days) per year. Each eligible employee shall. be required to have served the equivalent of one year of 30 continuous service in the City in order to be eligible for their full annual vacation leave; provided, however, that after six (6) months of continuous service, they may be permitted to take vacation leave not to exceed seven (7) calendar days. In no event, however, will paid vacation be granted in excess of earned vacation credits. Vacation leave must be approved in advance by the department head and the employee will need to complete a "Request For Time Off' form. The times during a calendar year at which an employee may take his vacation shall be determined by the department head with due regard to the wishes of the employees and particular regard for the needs of the service. In the event one or more municipal holidays fall within an annual vacation leave, then such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who successfully complete probation and who terminate employment shall be paid in a lump sum for all earned vacation leave prior to the effective date of termination. Effective January 1, 1992, all hourly employees who have attained CalPERS eligibility shall receive two (2) seven (7) hour paid vacation days each calendar year. Except for those hourly employees identified above as receiving vacation, employees who work on an intermittent or seasonal basis and all other hourly employees are ineligible for vacation leave. Upon employee request members of the Unit may be paid for up to forty (40) hours per annum for compensable time. Sick time is excluded from this provision. Payment shall be made in the following manner: A) Payment will be made annually at the employee's current hourly rate of pay. B) Payment will not exceed forty (40) hours per calendar year. C) Payment requests require the approval of the employee, department head, Human Resources Director and City Manager. D) Payment requests can be submitted throughout the calendar year, with a maximum of forty (40) hours per year. E) Such payment shall be included in the employee's check within two pay -periods following the signature of the employee, Department Head and Human Resources Director. Financial hardship requests to convert additional accrued leave to cash will be reviewed on a case-by-case basis and require the approval of the City Manager. Financial hardship requests shall be submitted to the Human Resources Director with appropriate justification. Effective July 1, 2017, the Union agrees to decrease the maximum vacation hour 31 accrual from six hundred forty (640) hours to a maximum of five -hundred and fifty (550) hours. Vacation leave is accrued as earned and the amount of vacation leave accumulated shall not exceed the maximum. Accrual shall stop whenever the employee is at the maximum. All employees who have an accrued vacation balance over three hundred ninety (390) hours through June 30, 2017 shall have the opportunity to transfer up to three hundred and fifty (350) hours to a secondary vacation account. All employees who are eligible for the secondary vacation account must identify their election amount on or by September 30, 2017. After September 30, 2017 there will be no further transfers in or out of the secondary vacation account. All eligible employees with a secondary vacation account must utilize their secondary account vacation balance in full prior to utilizing any primary vacation account leave. Effective July 1, 2017, all bargaining unit members who have accrued over five -hundred and fifty (550) hours may cash out up to eighty (80) hours or may take the necessary vacation time to stay below five -hundred and fifty (550) hours, the maximum amount an employee may accrue during Fiscal Year 2017-18. Effective July 1, 2018, all bargaining unit members who have accrued over five -hundred and fifty (550) hours may cash out annually for up to forty (40) hours or may take the necessary vacation time to stay below five -hundred and fifty (550) hours, the maximum amount an employee may accrue. fiscal year. Employees in the Unit are "encouraged" to take at least 100 hours of leave time per ARTICLE 36 LEAVE BENEFIT ACCRUAL RATES The following shall represent leave benefit accrual rates for full-time classified employees: VACATION 80 Hours/year (80/26)= 3.08 hours/pay period VACATION 120 hours/year (120/26)= 4.62 hours/pay period VACATION 160 hours/year (160/26)= 6.15 hours/pay period SICK LEAVE 96 hours/year (96/26)= 3.69 hours/pay period FLOATING HOLIDAYS 50 hours/year (50/26)= 1.923 hours/pay period Effective7/1 /17: 4/10 Floating Holiday 50 hours Personal Leave 20 hours 32 5/8 Floating Holiday 50 hours Personal Leave 20 hours ARTICLE 37 RETIREMENT POLICY Retiree Health Insurance The City amended its contract with CalPERS to provide credit for unused sick leave effective August 1, 1992. For employees hired on and after January 1, 2009, the City shall fund retiree medical premiums in an amount equal to the City's statutory minimum contribution to PEMHCA. Eligibility for said retiree medical premiums shall be subject to applicable City adopted resolution(s) governing eligibility for retiree medical payments. Employees hired after January 1, 2011, are not be eligible for City paid health, dental, vision or life insurance coverage upon retirement. For employees hired prior to January 1, 2009, City funded retiree medical premiums shall be governed by pre-existing practices. The substance of the pre-existing practice shall be articulated in writing by the parties not later than sixty (60) calendar days after City Council adoption of this MOU. The City and the Union shall continue to meet and confer to discuss medical retiree benefits for all. Current Pension/Retirement Formula Effective October 17, 1999, the City amended the CalPERS contract to provide the 2% at 55 formula. Effective FY 02-03 the City amended the CalPERS contract to provide the 3% @ 60 formula with the City paying the additional 1% employee contribution (8%). The City will continue to provide Unit employees a pension through CalPERS using the 3% @ 60 formula. The City amended its contract with CalPERS to increase the 1959 Survivor Benefit from basic level to third level effective October 16, 1992. The City amended its contract with CalPERS to increase the 1959 Survivor Benefit from Level 3 to Level 4 in 2003. For the CalPERS 3% @ 60 retirement formula, the total allowed Employer Paid Member Contribution (EPMC) is eight percent (8%) of reportable compensation. Prior to January 1, 2011, the City paid the full eight percent (8%) EPMC on behalf of eligible represented employees. Effective January 1, 2011, all new employees (hired on or after January 1, 2011) were required to pay their full member contribution of eight percent (8%) directly to CalPERS through payroll withholding; thus, eliminating the EPMC benefit for new employees hired on or after January 1,2011. Effective March 4, 2012, the City reduced the EPMC CalPERS benefit for those 33 employees hired before January 1, 2011 from the previous full eight percent (8%) to the current six percent (6%), with represented employees picking up the two percent (2%) difference as member pre-tax contributions to CalPERS through payroll withholding. The City in December 2011 adopted and submitted to CalPERS the appropriate resolution allowing employees to pay their EPMC on a pre- tax basis per 414(h)(2) of the Internal Revenue Code (IRC). Retirement compensation continues to be computed on the employee's one (1) year's highest earnings. Each employee, eligible for service retirement, may have his/her City paid EPMC CalPERS contribution reported as compensation for all or any part of the twelve (12) month period prior to his/her service retirement date upon written request to the Director of Finance. Accordingly, the CalPERS member contribution will be deducted from employee's higher based salary. This provision will remain in effect unless otherwise prohibited by CalPERS law. New Pension/Retirement Formula Effective upon adoption by the City Council of the appropriate CalPERS contract amendment, all new hires shall be provided the 2% @ 60 CalPERS Retirement Formula. Retirement compensation for these new hires shall be computed on the employee's three (3) year average earnings formula. If the state adopts and CalPERS implements a lower pension formula for new hires during the contract term, then the parties agree to meet and confer regarding adoption of that formula for all new hires if allowed by CalPERS. ARTICLE 38 GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE A "Grievance" shall be defined as a controversy between the City and the Union or an employee or employees covered herein. The provisions of this Article do not apply to probationary or part-time employees. A controversy as defined in this Article must pertain to any of the following: (1) Any matter relating to working conditions, (2) Any matter involving the interpretation or application of any provision of this memorandum, or (3) Any matter involving the violation of any provision or intent of this memorandum except any articles and provisions which state that they are not subject to this Article. An appeal of a disciplinary action, including suspension, discharge for cause, demotion or disciplinary reduction in pay, shall initially be submitted at Step 3, and contain a succinct written statement of the basis of appeal, within ten (10) working days of the imposition of discipline. All written responses to a disciplinary appeal will specify reasons for the decision and inform the employee of the appeal procedure and applicability of Section 1094.6 of the Code of Civil Procedure limiting the time within which legal actions must be commenced. There shall be an earnest effort on the part of both parties to settle grievances promptly through the steps listed below. The employee may request the assistance of a representative of his own choosing in preparing and presenting a grievance. Either party to the grievance may invite persons with relevant information to be present. For purposes of this procedure "working days" refers to Monday through Thursday, 7:00 AM to 6:00 PM and excludes weekends and holidays. 34 Step 1: An employee's grievance must be orally discussed with the first line supervisor immediately in charge of the aggrieved employee within ten (10) working days after the event giving rise to the grievance, or ten (10) working days after the date that he/she should have been reasonably expected to have had knowledge of the grievance. The supervisor will schedule a meeting with the employee and their representative within ten (10) working days of presentation of the grievance. The supervisor will then give his/her answer to the employee by the end of the tenth (10th) working day following the meeting and the giving of such answer will terminate Step 1. Step 2: If the grievance is not settled in Step 1 and the employee wishes to pursue it further, the grievance will be reduced to writing by the employee, fully stating the facts surrounding the grievance and/or detailing the specific provisions of this memorandum alleged to have been violated, signed and dated by the employee and presented to the department head, or in his absence, his designee within ten (10) working days after termination of Step 1. Written discrimination allegations must contain a description of the purported discriminatory action and the specific basis which is defined by Federal or State law (if any). A meeting between the employee and his department head or, in the department head's absence, his designee may be arranged at a mutually agreeable location and time to review and discuss the grievance. A meeting will take place within ten (10) working days from the date the grievance is received by the department head or, in his absence, his designee. The department head or, in his absence, his designee will give a written reply by the end of the fifth (5th) work day following the date of the meeting and giving of such reply will terminate Step 2. Step 3: If the grievance is not settled at Step 2, the employee may move the grievance to Step 3 by serving written notice upon the City Manager within ten (10) working days after receipt of the reply in Step 2, or within ten (10) working days after the reply was due, requesting a meeting. Said meeting shall be scheduled within ten (10) working days after receipt of such request. The City Manager or, in his absence, his designee shall provide the employee with a written disposition of the grievance within ten (10) working days afterthe meeting. Step 4: The employee may seek review by the Personnel Board of the City Manager's decision in grievance matters by submitting a written request to the Personnel Department within ten (10) working days from the date of the answer in Step 3. The Personnel Board may grant an informal hearing and the Board's role in such matter is advisory only, except that in disciplinary and discrimination cases, the Board shall grant a hearing and the Board's decision shall be final and binding. If an employee has complied with the above steps and requested Personnel Board review in a disciplinary appeal or discrimination allegation, the Board shall hold a hearing within thirty (30) days of the request and take such action as it deems appropriate. It is agreed that neither party shall attempt to influence the Personnel Board prior to the hearing. Upon conclusion of any investigation or hearing, the Personnel Board shall, within ten (10) working days, notify the Human Resources Division in writing of its findings and recommendations. A copy of such findings shall be transmitted to the affected employee. 35 No employee shall use City time, staff or materials in the pursuit of a grievance or in response to a proposed or effected disciplinary action, unless he/she has obtained specific authorization to do so. A grievance or other appeal which is not brought or brought forward within the time limit provided within each of the sections of this article shall be deemed to have been waived and settled, unless such time limit is expressly extended by mutual agreement. Time limits are set forth above and may be extended by a mutual agreement between the parties, but neither party shall be required to do so. Any letter of reprimand that is not included as part of a current progressive discipline matter will be removed from the file of an employee after twelve (12) months, upon written request from that employee to the Human Resources Department. ARTICLE 39 LAYOFF The City agrees not to lay off any full-time regular employee through July 1, 2019, provided that the General Fund Revenue does not fall more than 2% below the 2017-2018 Fiscal Year estimate. However, in the event the General Fund Revenue falls 2% or more below the 2017-2018 Fiscal Year estimate, the City may separate any employee or class of positions without prejudice, because of the financial or economic condition of the City, reduction of work or the necessity for the position or employment no longer exists. The City shall give such employee not less than thirty (30) days advance notice of separation and the reason therefore. However, no permanent full-time employee shall be separated while emergency, seasonal, probationary, part-time, temporary are employed into the same positions according to the needs of the service as determined by the City. The conditions of layoff shall be as follows: 1. PROMOTIONAL EXAMINATIONS. For purposes of layoff, all promotional opportunities will be conducted prior to layoffs proceeding. 2. ORDER OF SEPARATION. The principal criterion used in determining the order of separation and bumping right shall be seniority based on the total years of continuous full- time service and any prior part-time service as calculated on a pro -rata basis with the City provided the employee presently possesses the skill, ability and qualifications to perform the job. Layoffs shall be in the reverse order as hired. That is, the employee in the affected job class with the least total City service shall be laid off first. Whenever seniority is equal, the following criteria shall be applied in the indicated order: a. Ranking on eligibility list; b. Performance Evaluations; 36 C. Drawing of lots 3. BUMPING RIGHTS. Any full-time employee who has been given notice of lay off may displace another employee in the same job class with less seniority in the same job class, or bump to another class in which they formerly held a permanent appointment and there is an employee with less seniority. It is understood that an employee seeking to bump into a lower class shall first occupy any vacant position before displacing an existing employee. After the City has notified the affected employee of the layoff and the position available to the employee, if any, to bump, he/she must notify the Personnel Officer of his/her intent to exercise the bumping rights within ten (10) calendar days of the position in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority shall be displaced by the person who is laid off. The employee displaced shall be considered as laid off for the same reason as the person who displaced him/her and shall in the same manner be eligible to bump to a position within the City in which he/she formally held a permanent position. 4. APPOINTMENT OF LAID -OFF EMPLOYEES TO LOWER CLASS. Any employee in a represented job class who is scheduled to be laid off due to lack of work, lack of funds of elimination of position, may not later than ten (10) calendar days after notice of layoff, request to displace ("bump") an employee in a lower job class within the job series provided the laid off employee has greater overall City service seniority than the employee in the lower job class and is qualified by education and/or experience for such a position. If there is more than one employee who is qualified for such appointment(s), the 'Bump" shall be based on seniority with the employee with the highest seniority offered the position first, then the next highest, etc. The City Manager shall approve the appointment of an employee who is to be laid off to a lower class which the employee is qualified without requiring an examination within the job series. An employee who has not previously served in the lower class may be required to successfully complete the probationary period for the class. If the employee(s) have the same seniority, then the procedure for breaking ties set forth in this article shall apply. The employee displaced as a result of being "bumped" shall be considered as laid off for the same reasons as the person originally displaced and the same displacement rights shall be afforded. 5. SALARY PLACEMENT. An employee(s) who accepts an appointment to lower job class as a result of a layoff and/or a displacement ("bump") shall be placed at the step of the salary range which most closely corresponds to, but in no case exceeds, the salary step of the previously held position. 6. IN ACCORDANCE WITH PERSONNEL RULES AND REGULATIONS RULE VIII SECTION 3. The names of probationary and permanent employees who have been laid off shall be placed on appropriate re-employment lists in order of their seniority. Such names shall remain thereon for a period of one year unless such persons are sooner re-employed. 37 When a re-employment list is to be used to fill vacancies, the Personnel Board shall certify from the top of such list the number of names equal to the number of vacancies to be filled, and the appointing authority shall appoint such persons to fill the vacancies. Such person shall first be subject to a new physical examination and criminal history check, if legally permissible, to determine if employee is able to perform the duties of the job or employment. The names of any laid off employee appearing on an employment or promotional list shall be removed by the Personnel Officer if that laid off employee requests in writing that his/her name be removed, or if he/she fails to respond to a notice of certification mailed to his/her last known address. ARTICLE 40 FULL FAITH AND CREDIT CLAUSE For purposes of administering the terms and provisions of the various ordinances, resolutions, rules and regulations which may be adopted by the City pursuant to this MOU, all matters resolved in memoranda of understanding for prior years, all resolutions of the City Council, and all existing matters resolved regarding wages, hours, fringe benefits and conditions of employment prior to Myers-Milias-Brown Act of 1968, will remain unchanged and unaltered except where expressly changed or altered in this MOU. ARTICLE 41 SAVINGS CLAUSE Any resolution of the City incorporating any provisions of this MOU or of such resolution of any kind is at any time or in any way held to be contrary to any. law by any court of proper jurisdiction, the remainder of this MOU and the remainder of such resolution shall not be affected thereby and shall remain in full force and effect. ARTICLE 42 PROMOTIONAL OPPORTUNITIES The City shall establish all promotional lists for two (2) years and all open lists for (1) one year. Effective July 30, 2017, the City will promote up to ten (10) Part -Time positions to Full - Time positions. The City will provide a list of new Full -Time employees to the Union by December 1, 2017. Additionally, by December 31, 2017, the City shall conduct an analysis of all outside contracts and the City's use of consultants. ARTICLE 43 ENEGOTIATION The City shall use reasonable efforts to inform the Union of the proposed annual budget 38 before bringing it before the City Council. The City and Union may agree to meet on an as -needed basis to improve communications and address mutual concerns. ARTICLE 44 TERM This MOU shall cover all Unit members for the period from July 1, 2016 through June 30, 2020. In accordance with Government Code Section 3505.1, the parties have jointly prepared and executed this MOU, which shall not be binding, and present it to the City of Lynwood City Council for determination and recommended adoption. For the City of Lynwood For the Lynwood Employees' Association/AFSCME Local 1920, AFL-CIO An City Manager President Dated: Dated: m FM Director of HR and Risk Management Vice -President Dated: BY City Attorney Dated: 39 Dated: Fin AFSCME Representative Dated: EXHIBIT "A" LIST OF REPRESENTED LEA/AFSCME 1920 POSITIONS * = Confidential Account Clerk Accounting Technician Administrative Aide Administrative Analyst I *Administrative Assistant Building Inspector Building Maintenance Worker Business License Specialist Code Enforcement Officer Custodian Electrical Maintenance Worker Executive Assistant *Executive Assistant to the City Clerk Executive Assistant to the Redevelopment Agency Information System Technician Laborer Maintenance Worker Media Specialist Office Assistant I Office Assistant II *Office Assistant II (City Manager's Office) Office Assistant III Park Maintenance Lead Worker Parking Control Officer *Payroll Specialist Permit Technician Planning Assistant 40 Public Works Assistant Public Works Inspector Public Works Technician Recreation Coordinator Redevelopment Assistant Right of Way Maintenance Lead Worker Senior Housing Rehabilitation Specialist Senior Public Works Inspector Senior Street Maintenance Worker Senior Wastewater Service Worker Street Maintenance Lead Worker Street Maintenance Worker System Analyst Utility Inspector Utility Worker Water Quality Specialist Wastewater Service Worker Lead Wastewater Service Worker Wastewater Service Worker II Wastewater Service Worker III Part Time Classifications Administrative Intern Cashier Code Enforcement Officer Customer Service Intern General Office Worker Graphic Arts Intern I Graphic Arts Intern II Information Systems Technician Laborer Lifeguard Locker Attendant Maintenance Worker Office Assistant II Parking Control Officer Recreation Leader - Recreation Specialist/instructor Senior Lifeguard 41 COMPREHENSIVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD EMPLOYEES MANAGEMENT GROUP July 1, 2017- June 30, 2020 Table of Contents ARTICLE 1 IMPLEMENTATION....................................................................... 1 ARTICLE 2 EMPLOYEE RECOGNITION......................................................... 1 ARTICLE3 CITY RIGHTS................................................................................ 4 ARTICLE 4 ASSOCIATION RIGHTS................................................................ 4 ARTICLE5 STEP INCREASES........................................................................ 5 ARTICLE 6 SALARIES/WAGES/DUES DEDUCTIONS ................................... 6 ARTICLE 7 EXECUTIVE LEAVE...................................................................... 8 ARTICLE 8 AUTO ALLOWANCES................................................................... 9 ARTICLE 9 BILINGUAL PAY............................................................................ 9 ARTICLE 10 PROJECT COORDINATOR PAY ................................................ 9 ARTICLE 11 TOOL ALLOWANCE...................................................................10 ARTICLE 12 UNIFORM AND CLOTHING ALLOWANCE................................10 ARTICLE 13 MILEAGE REIMBURSEMENT....................................................10 ARTICLE 14 EDUCATION INCENTIVE PAY/TUITION REIMBURSEMENT ...11 ARTICLE 15 LONGEVITY PROGRAM............................................................12 ARTICLE 16 EMPLOYEE'S INSURANCE COVERAGE..................................13 ARTICLE 17 SICK LEAVE POLICY.................................................................15 ARTICLE 18 HOLIDAYS..................................................................................16 ARTICLE 19 ACTING SUPERVISORY COMPENSATION..............................18 ARTICLE 20 RETIREMENT POLICY...............................................................19 ARTICLE 21 LEAVE BENEFIT ACCRUAL RATES..........................................19 ARTICLE 22 NON-DISCRIMINATION.............................................................20 ARTICLE 23 ANNUAL VACATION LEAVE......................................................20 ARTICLE 24 MILITARY LEAVE.......................................................................22 ARTICLE 25 FAMILY CARE AND MEDICAL LEAVE POLICY ........................22 ARTICLE 26 HOURS OF WORK.....................................................................29 ARTICLE27 ATTENDANCE............................................................................29 ARTICLE 28 GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE ......29 ARTICLE 29 BEREAVEMENT LEAVE.............................................................32 ARTICLE 30 EMERGENCY LEAVE.................................................................32 ARTICLE 31 JURY DUTY................................................................................32 ARTICLE 32 SERVICE DISABILITY................................................................32 ARTICLE33 NO STRIKE.................................................................................34 ARTICLE 34 FULL FAITH AND CREDIT CLAUSE..........................................34 ARTICLE 35 SAVINGS CLAUSE.....................................................................35 ARTICLE 36 AUTHORIZED AGENTS.............................................................35 ARTICLE37 LAYOFF......................................................................................35 ARTICLE 38 LEAVE OF ABSENCE.................................................................37 ARTICLE 39 FULL UNDERSTANDING, MODIFICATIONS WAIVER ..............38 ARTICLE 40 RENEGOTIATION.......................................................................38 ARTICLE41 TERM..........................................................................................38 ARTICLE 1 IMPLEMENTATION The wages, hours, and other terms and conditions of employment set forth in this Memorandum of Understanding ("MOU") have been discussed and jointly proposed by and between the City of Lynwood ("City"), by and through the City's Municipal Employee Relations Officer, and representatives of the Lynwood Employees Management Group (hereinafter "Group"), and shall apply to all employees of the City working in the classifications as set forth herein. The wages, hours, and other terms and conditions of employment set forth in this MOU have been discussed in good faith between the City and Group, and the Municipal Employee Relations Officer agrees to recommend to the Lynwood City Council that all of the wages, hours, and other terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council or, where appropriate, in a policy statement. Upon the adoption of such a resolution and/or policy statement, all wages, hours, and other terms and conditions of employment set forth in this MOU so incorporated, shall become effective as provided without any further action by either party. ARTICLE 2 EMPLOYEE RECOGNITION A. The City hereby continues to recognize the Lynwood Employee Management Group ("Group") as the recognized employee organization for all professional and management positions to the fullest extent allowable under California law applying to public employees and as further defined in Resolution No. 2002.103, adopted by the Lynwood City Council on July 16, 2002. The Group is the recognized bargaining agent for the management and professional employee unit ("Unit"). B. The Meyers-Milias-Brown Act ("MMBA") does not define either "confidential" or "management" employee, and Government Code Section 3507.5 authorizes each local agency to adopt procedures for determining which of its employees will be designated confidential or managerial. The MMBA, however, does not exclude management and confidential employees from the definition of employees entitled to the organizational and representation rights of the Act. Resolution No. 2002.103 defines a "confidential employee" as "an employee who, in the course of his or her duties, has access to information relating to the City's administration of employer-employee relations. It defines a "management supervisory employee" as "an employee having responsibility for formulating, administering, or managing the implementation of City policies or programs." While employees designated as "confidential" employees may be represented by the Group, the parties acknowledge and agree that such designated employees may not represent the Group or the Unit, participate in the bargaining process, or share any confidential information in connection with labor relations that would undermine the respective roles of each party in the bargaining process. C. It is acknowledged and agreed that the following positions are expressly excluded from the management and professional employee unit and from representation by the Group and from coverage under this MOU: All elected officials, the City Manager, the Assistant City Manager, all "At- Will" Department Directors, the Assistant to the City Manager, and the Senior Human Resources Analyst. D. It is acknowledged and agreed that the following positions are within the represented Unit but shall be designated as "confidential": Deputy City Clerk, Deputy City Treasurer, Accounting & Auditing Supervisor, Financial Analyst, Personnel Analyst III. E. It is acknowledged and agreed that the positions listed below are expressly covered by this MOU. Any and all future management and/or professional positions below the level of Director created during the term of this MOU shall be added to the list below and considered part of the management and professional employee unit represented by the Group in accordance with the express provisions of Resolution No. 2002.103 governing the creation of new job positions and/or classifications. LIST OF REPRESENTED MANAGEMENT AND PROFESSIONAL POSITIONS * = Confidential +=Management Employee * Accounting and Auditing Supervisor Billing and Collections Supervisor *+Deputy City Treasurer *+Deputy City Clerk Deputy Director of Recreation and Community Services Public Safety Manager Planning Manager Electrical Maintenance Supervisor * Financial Analyst * Personnel Analyst III Public Works Special Projects Manager Public Works Operations Manager Recreation Facility and Program Supervisor Recreation Superintendent II Senior Administrative Analyst Street Maintenance Supervisor Public Works Operations Supervisor Utility Services Supervisor Assistant City Engineer Principal Planner Building Official ARTICLE 3 CITY RIGHTS A. It is understood and agreed that the City retains all of its powers and authority to direct, manage, and control its operations to the full extent of the law. Said powers and authority include, but are not limited to, the exclusive right to: determine its organization; direct the work of its employees; determine the times of operation; determine the kinds and levels of services to be provided and the methods and means of providing them; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of City operations; build, move, modify, or close facilities; establish budget procedures and determine budgetary allocations; determine the methods of raising revenue; contract out work; and take action on matters in the event of emergency. In addition, the City retains the right to hire, classify, assign, evaluate, transfer, promote, terminate, and discipline employees. B. In case of emergency, the City retains its right to amend, modify, or rescind provisions of this MOU. Such amendment, modification, or rescission shall remain in force only for the period of the emergency. The determination of whether or not an emergency exists is solely within the discretion of the City Council. ARTICLE 4 ASSOCIATION RIGHTS The Group has the right to conduct Group business as follows: A. The right to use City facilities to hold official scheduled meetings regarding Group business and the right to use City equipment, including telephones and photocopiers for reasonable Group purposes in an amount not to exceed $50.00 per month. If the amount exceeds the $50.00 limit, then the Group shall reimburse the City for such costs, including copy charges of 3 cents and 5 cents per page for letter or legal size copies, respectively, and 8 cents and 15 cents for color copies of same. Reasonable Group purposes and/or business shall not include administrative claims or proceedings, civil proceedings, political activities, campaigning, or any decertification or representation disputes with any other employee organization. B. The right to post information concerning elections, benefits, notices, reports, programs, and promotions. (Bulletin Board). C. The right to notice by the City of new employees in the Unit. Such notice shall include name, home address, home phone number, classification, work hours, department, starting salary, and work location. D. The Human Resources Department shall distribute informational materials provided by the Group to new employees, and 15 minutes will be set aside for the employee to meet with a representative of the Group during the in - processing. orientation. Any additional meetings between new hires and Group Shop Stewards shall be outside normal business hours. E. The right to designate authorized representatives who shall have access to work locations and employees, subject to Department Head approval, when such access does not unduly interfere with the departmental operations and is in the course of grievance resolution. The Group may designate one Shop Steward per department. The appropriate steward shall request in writing and shall be allowed reasonable time off during duty hours for this purpose, provided the time requested does not substantially impact departmental operations. In the event the Steward cannot be released as requested, the supervisor shall provide an alternate time within the next forty-eight (48) hours. In the event that an alternate time is provided, all time limits in the grievance procedure shall be extended for an amount of time equal to the delay. Stewards shall be designated in advance by written notice from the Group to the Human Resources Director and the Steward's Departmental Director. F. The Group shall be allowed the use of the City's intranet for purposes of Group related communications. G. The Group shall be entitled to hold four (4) one-hour meetings annually or one per quarter during duty hours. These meetings will be held from 5:00 - 6:00 p.m. and all, as reasonably possible, Group represented employees shall be released from work in order to attend. ARTICLE 5 STEP INCREASES Employees are eligible for a step increase upon successful completion of probation and thereafter will be considered on the basis of merit after intervals of one (1) year shall receive the Step B salary at the successful completion of the probationary period. Increases to Step C, D, and E within any pay range shall be based on satisfactory job performance by the individual and shall be reviewed at least at the following time intervals: Step C - One (1) year after the Step B increase Step D -One (1) year after the Step C increase Step E- One (1) year after the Step D increase Section 2. Employees hired or promoted -to any step above Step A shall receive the next step at the successful completion of the probationary period. Other increases within the range shall be followed in the method described in Section 1. Section 3. New employees, as well as current employees accepting another position within the bargaining Unit, shall be appointed at the first step of the salary range to which their class is assigned, except that when the education and previous training or experience of a proposed employee are substantially superior to those required of the class and justify a beginning salary in excess of such minimum compensation. Upon recommendation of the Department Head, the City Manager may authorize an appointment to this position at any higher step. The Department Head shall submit his/her recommendation to the City Manager in such form, together with such information as the City Manager may require. The provisions of this Article do not apply to those hired or employed on a part- time basis. ARTICLE 6 SALARIES/WAGES/DUES DEDUCTIONS Section 1. Salary Adjustments. - a. Effective July 1, 2017, all full-time represented Unit members shall receive one percent (1 %) base salary Cost of Living Adjustment ("COLA") increase. b. Effective the first full pay period in July 2017, all full-time represented unit members shall receive a five percent (5%) "Signing Bonus" c. Effective July 1, 2018, all full-time represented Unit members shall receive three percent (3%) base salary COLA increase. d. Effective July 1, 2019, all full-time represented Unit members shall receive four percent (4%) base salary COLA increase. e. Class and Compensation will be completed and implemented by September 30, 2019. Section 2. Mandatory Direct Deposit. All Group represented employees shall be on electronic direct payroll deposit. Section 3. Dues Deduction. The City agrees to allow voluntary Group dues deduction from each Group member's first and second paycheck of each month and remit to the Group all such monies as are authorized in writing by the employees using dues deduction authorization forms similar to those already in place for other employee organizations in the City or as otherwise mutually negotiated. The Group shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action relating to this provision or the obligations hereunder. The City reserves the right to select its own counsel for its defense hereunder at the Group's expense. Section 4. Agency Shop Agreement. The City and the Group have negotiated an agency shop agreement for all Group represented non -management employees pursuant to Government Code Section 3502.5 as follows: A. As used in this MOU, "agency shop" means an arrangement that requires an employee, as a condition of continued employment, either to join the Group as the recognized employee organization or to pay the Group a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the Group. B. An employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support the Group as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee. Proof of the payments shall be made by the employee to the City on a monthly basis as a condition of continued exemption from the requirement of financial support to the Group. C. The Group shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of the Group, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. § 401 et seq.) covering employees governed by this chapter, or required to file financial reports under Government Code Section 3546.5, may satisfy the financial reporting requirement of this section by providing the City with a copy of the financial reports. D. The City agrees to have agency shop dues deducted from each Group member's first and second paycheck of each month and remit to the Group all. such monies as are authorized in writing by the employees using dues deduction authorization forms similar to those already in place for other employee organizations in the City or as otherwise mutually negotiated. E. The Group shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action relating to dues deduction, agency shop, or any provision or obligation set forth in this Section. The City reserves the right to select its own counsel for its defense hereunder at the Group's expense. ARTICLE 7 EXECUTIVE LEAVE It is agreed that management employees who are assigned to regularly attend City Council, Commission, or Board meetings shall be granted ninety (90) hours Executive Leave annually. All other management staff shall receive seventy (70) hours annually. The full annual amount of Executive Leave shall be credited to management employees on January 1 of each calendar year. Except as expressly limited herein, executive leave may be taken at any time after the first of the calendar year with the approval of the employee's Department Head and/or the City Manager. Executive Leave may not be accrued beyond the present calendar year. Unused Executive Leave at the end of a calendar year (December 31) or upon leaving employment will be lost. Any overuse of Executive Leave shall be repaid in full to the City upon termination of City employment. A Personnel Status Report form will be required for approval of the ninety (90) hours of Executive Leave. ARTICLE 8 AUTO ALLOWANCES Automobile allowances are provided either at $500.00 or $300.00 per month as determined by the City Manager. Employees who drive on the job and do not receive an auto allowance shall instead receive mileage reimbursement, per Internal Revenue Service standard (currently 56.5 cents per mile) for the duration of this MOU. ARTICLE 9 BILINGUAL PAY The City Manager may grant compensation to full-time employees who have passed their initial probationary period for using bilingual skills in the course of work, provided that such employees use bilingual skills at least twenty percent (20%) of their working time for either written or oral communication. Employees required to use bilingual skills in the course of their work may request bilingual pay by submitting written justification approved by their Department Head to the City Manager. Those employees approved by the City Manager for bilingual pay shall be required to pass a language proficiency examination. Bilingual pay shall be one hundred twenty-five dollars ($125.00) per month paid on a biweekly basis, effective the first full pay period after the first of the month following the submission of a Personnel Status Report form with proper approval. ARTICLE 10 PROJECT COORDINATOR PAY Upon recommendation of the respective Department Head, eligibility verification by the Human Resources Director, . and approval by the City Manager, employees are eligible for Project Coordinator Pay in increments of one hundred dollars ($100.00) up to a maximum of five hundred dollars ($500.00) per month. Project Coordinator Pay is intended for performing duties on a project basis outside an employee's job classification and limited to a twelve (12) month (one year) period unless otherwise approved by the City Manager or his/her designee. Any employee receiving Acting Duty Pay or Additional Duties Pay for performing duties outside the employee's classification shall not be eligible for Project Coordinator Pay for performing those same duties for which they are already being compensated. ARTICLE 1.1 TOOL ALLOWANCE The Equipment Repair Supervisor shall receive an allowance for furnishing and using his/her own tools. The allowance is payable annually in June through payroll. The amount of payment will be calculated at the rate of forty dollars ($40.00) per full month of employment during the previous twelve (12) month period. If the employee leaves City service prior to the June payment date, the amount of tool allowance payment will be as accrued with appropriate documentation initiated by the department prior to termination of City employment. ARTICLE 12 UNIFORM AND CLOTHING ALLOWANCE The City will furnish Public Works Department management employees, whose duties require wearing uniforms, three (3) uniform changes per week plus one (1) additional laundered shirt per week. Effective the first payday in December of 2004, position titles identified below that are required to wear OSHA safety boots/shoes shall receive two hundred dollars ($200.00) as a uniform allowance annually: • Public Safety Manager • Public Works Operations Supervisor • Utility Services Supervisor • Street Maintenance Supervisor • Building Official • Electrical Maintenance Supervisor The allowance is taxable and will be included within the employee's paycheck. ARTICLE 13 MILEAGE REIMBURSEMENT With the approval of the employee's Department Head and the City Manager, the City will reimburse those management employees who do not receive an Auto Allowance and who are required to use their personal vehicles for the purpose of conducting City business at the rate contained in the current Internal Revenue Service code book (currently 56.5 cents per mile). Employees receiving monthly automobile allowances are not eligible for mileage reimbursement. Employees must document the date, destination, and beginning and ending odometer reading from their vehicles in supporting the request. Said information must be logged on a Mileage Claim Form when requesting payment. ARTICLE 14 EDUCATION INCENTIVE PAY/TUITION REIMBURSEMENT To encourage employees in undertaking outside study to the end that they may perform their duties in a more efficient manner, a system of education pay, over and above established pay schedules, is hereby established. Section 1. Education Incentive Pay Education incentive pay is allowable for completed courses of approved subjects at accredited schools, and is fixed at one dollar ($1.00) per month for each semester unit of credit satisfactorily completed by the employee with a grade of "C" or better. A quarter unit is the equivalent of a semester unit and is also compensated at one dollar ($1.00) per month. Maximum pay is fixed at one hundred fifty dollars ($150.00) per month. All courses of study must have prior approval by the employee's Department Head and the City Manager in order to receive education incentive pay. Accredited schools are herein defined as accredited colleges, junior colleges, universities or other schools providing college credits that are accredited by nationally recognized accrediting agencies, as determined by the U.S. Secretary of Education. Suitable written certification from the school or granting agency showing satisfactory completion of each course or program shall be submitted to Human Resources for inclusion in employee personnel records. Education incentive pay shall commence during the first full pay period in the month following the submission of written certification. Bachelor's/Master's Degree Pay Certain positions within the Group do not require degrees of higher education. The City may pay employees two hundred dollars ($200.00) per month who have graduated and received a bachelor of arts or bachelor of science degree from an accredited college or university, or the City will pay employees two hundred fifty dollars ($250.00)per month who obtain a master's degree from an accredited college or university. Compensation under this section only applies to those employees whose positions do not require a bachelor's or master's degree as set forth in the City's official job description(s). In order to qualify for compensation under this section, employees must submit a request for compensation, submit proof of the degree obtained, and receive approval by the City Manager. Section 2. Tuition Reimbursement Program The City will contribute one hundred percent (100%) of the cost of tuition fees for such courses, up to one thousand five hundred dollars ($1,500.00) per semester or quarter course, while the employee is accruing the one hundred fifty dollars ($150.00) per month maximum education incentive pay (as described above). The maximum City contribution to the cost of tuition and books is three thousand dollars ($3,000.00) annually per employee. Tuition Reimbursement Program guidelines are available through the Human Resources Division. The provisions of this section do not apply to employees undertaking an approved course during a regular workday or assigned shift. Human Resources will undertake a study regarding tuition reimbursement and meet and confer with LEMG regarding the findings and any potential restructure of the Program. Section 3. Certificate Pay Program The City will pay three hundred dollars ($300.00) per month Certificate Incentive Pay upon certification as a Certified Energy Manager or Leadership in Environment and Energy Design (LEED). The City has eliminated the Certified Green Building Professional (CGBP) Certificate Pay and Corresponding Pay of $300.00 per month unless 1) employees can individually demonstrate that the certificate is necessary to the performance of their duties, and 2) the City Manager agrees to the continuation of this previously contracted benefit for that employee. The City Manager and/or Department Directors may add additional certificates to this program. An employee covered by this MOU may not receive Certificate Incentive Pay for more than one certificate at a time. ARTICLE 15 LONGEVITY PROGRAM Section 1. Effective 7-1-88, longevity pay was adopted as follows: One percent (1%) of base salary at the end of seven (7) years of service; an additional one percent (1%) of base salary at the end of twelve (12) years of service; and an additional one percent (1%) of base salary at the end of seventeen (17) years of service; and an additional three hundred dollars ($300.00) annually paid on a biweekly payroll basis after completion of twenty-five (25) years of service. Section 2. Effective 1-1-89, longevity pay was modified as follows: The same as above with deleting three hundred dollar ($300.00) annually paid fortwenty- five (25) years of service and inserting two percent (2%) of base salary at twenty-two (22) years of service. The additional percent(s) to base salary shall be paid on normally assigned positions and not temporary or special assignments. ARTICLE 16 EMPLOYEE'S INSURANCE COVERAGE Health Effective January 1, 2009, the City shall contribute toward any CalPERS health insurance plan selected by full time Group represented employees, up to the CalPERS established Kaiser -Los Angeles County family rate. The employee must pay any remaining premium for dependent coverage through payroll deduction. For employees hired on or after January 1, 2012, the City "capped" City paid health insurance at the Kaiser Family, Los Angeles Region, coverage rate of $1128.40. Note: This meant that employees are responsible for paying the difference for calendar year 2012 and beyond on any increases to health insurance beyond the capped amount. With verifiable proof of non -City health benefits coverage as determined by the Human Resources Director, employees shall be eligible to receive either cash -in- lieu of benefits on a post -tax basis or a contribution in lieu of benefits to deferred compensation on a pre-tax basis in an amount equivalent to the Los Angeles County Kaiser "Employee Only" rate or five hundred dollars ($500.00) per month, whichever is less. Effective March 2005, the City will reimburse eligible employees up to a maximum of one hundred twenty dollars ($120.00) for health plan co -payments incurred in the previous calendar year with proper documentation. In the event an employee incurs co -payment costs that exceed the agreed reimbursable amount of one hundred twenty dollars ($120.00) in a given year, the employee may carry over the non - reimbursable amounts for subsequent payment up to three (3) years with proper documentation. The City thereafter eliminated co -pay reimbursements for those employees hired on or after January 1, 2012. Employees hired prior to January 1, 2012 are eligible for City paid health, dental, vision and life insurance upon retirement. Employees hired on or after January 1, 2012, are not eligible for City paid health, dental, vision or life insurance coverage upon retirement. The parties agree to reopen the MOU to meet and confer regarding the elimination of lifetime retiree medical benefits on December 31, 2017. Dental For full time employees hired before January 1, 2009, The City will continue to contribute up to one hundred percent (100%) of the established family rate for dental insurance selected by that employee. For full time employees hired on or after January 1, 2009, the City shall contribute up to eighty percent (80%) of the established family rate for dental insurance selected by that employee. In March of each year of the MOU, the City will reimburse the employee for dental plan deductibles incurred in the previous calendar year. Effective November 1, 1999, the City shall enhance the current dental benefits to include a retirement benefit for employees who retire from active City service with at least five years tenure with the City. Verification of CalPERS retirement application will be required. Effective July 1, 2002, the City shall pay a life insurance premium for all full-time Group represented employees in the amount of fifty thousand dollars ($50,000.00) with the full cost of the premium paid by the City, inclusive of a retirement benefit as outlined for dental insurance. Vision For full-time employees hired before January 1, 2009, the City will continue to contribute up to one hundred percent (100%) of the established family rate for vision insurance selected by that employee. For full-time employees hired on or after January 1, 2009, the City shall contribute up to eighty percent (80%) of the established family rate for vision insurance selected by that employee. The City shall continue to include a retirement benefit for employees who retire from active City service with at least five years tenure with the City. Verification of CalPERS retirement application will be required. Effective March 2005, the City will reimburse employees up to a maximum of thirty dollars ($30.00) per eligible dependent/employee for vision plan co -payments incurred in the previous calendar year with proper documentation. In the event an employee incurs co -payment costs that exceed the agreed reimbursable amount of thirty dollars ($30.00) per eligible dependent/employee in a given year, the employee may carryover the non -reimbursable amounts for subsequent payment up to three (3) years with proper documentation. The City shall provide a flexible benefits plan in accordance with Internal Revenue Code Section 125. The City shall maintain its Employee Assistance Program (EAP) with the full insurance premium incurred by the City. Effective January 1, 1999, the City shall implement the State Disability Insurance Program with the full cost of such plan to be paid by the City. ARTICLE 17 SICK LEAVE POLICY Sick leave with pay shall be granted by the City Manager and/or his/her designee at the rate of one work day for each calendar month of service accrued at 3.69 hours per pay period or prorated if not a full pay period. Sick leave shall not be considered as a privilege which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability. In no event will sick leave with pay be granted in excess of that which is accrued. In the event that state and/or federal law provides employees with greater rights than those provided in this MOU, then the City's sick leave policy and practice shall conform with federal and state law as enacted or modified during the term of this MOU. In order to receive compensation while absent on sick leave, the employee shall notify his/her immediate supervisor prior to the time set for beginning duty, unless notification is physically impractical. A physician's certificate or personal statement will be submitted for absences of three (3) days or more. The City may require a physician's certificate and release to return to work whenever there is reasonable cause to believe that there has been an abuse of sick leave or when there is reasonable doubt as to the employee's ability to perform his/her duties satisfactorily and safely. The City maintains the right to discipline any employee for excessive absenteeism. In compliance with Labor Code Section 233, an employee shall be allowed to use in any calendar year sick leave accrued and available in an amount not less than what would be accrued in six (6) months ' of employment to attend to the illness of a child, parent, spouse, registered domestic partner, grandparent, grandchild or sibling of the employee. For purposes of this section, six (6) months sick leave accrual will be based on thirteen (13) pay periods. All conditions and restrictions placed by the City upon the use by an employee of sick leave shall also apply to the use by an employee of sick leave to attend to an illness of his or her child, parent, spouse, registered domestic partner, grandparent, grandchild or sibling. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Family and Medical Leave Act of 1993, regardless of whether the employee receives sick leave compensation during that leave. There shall be a sick leave pay off program. This program uses a sick leave limit of ninety-six (96) work days and the frozen amount, if applicable, which consists of sick leave hours earned in excess of ninety-six (96) work days prior to July 1, 1974, and retained and frozen as of that date. The method of compensation shall be on a straight time pay basis at the rate of pay in effect at the time of pay off. The payoff program has three elements: retirement, resignation or termination, and annual compensation. For purpose of the payoff program retirements are limited solely to regular service (non -disability) retirements. Upon regular service (non -disability) retirement employees shall receive fifty percent (50%) compensation for unused sick leave hours up to the maximum of the ninety-six (96) workdays. Fifty percent (50%) compensation shall also be received for the sick leave hours frozen as of June 30, 1974. For purpose of the payoff program resignations and terminations shall exclude terminations for cause and retirements. Upon resignation or termination as specified herein and only after ten (10) years of continuous City service, employees shall be compensated for one-quarter (1/4) of their unused sick leave hours up to the maximum of ninety-six (96) work days. Twenty-five percent (25%) compensation shall also be received for the sick leave hours frozen as of June 30, 1974. The annual compensation element of the sick leave pay off program is provided as follows: Fifty percent (50%) of the sick leave earned beyond ninety-six (96) work days or the frozen amount shall be annually compensated to the employee at the end of each calendar year. The remaining fifty percent (50%) of such excess sick leave remains on the books but shall be used for actual sick leave purposes only and shall not entitle the employee to any additional compensation. Sick leave accrued beyond the ninety-six (96) workday maximum or frozen amount shall be used prior to the earlier earned sick leave. Transfer of Leave Credits Upon official request by an employee experiencing a catastrophic illness/injury or event, the employee's department director, or the Group on behalf of the employee, the City Manager or his/her designee may allow individual employees the opportunity to transfer accrued vacation or compensatory time to another employee who has experienced a catastrophic event. All conditions for this transfer shall be in compliance with the City's Transfer of Leave (Catastrophic Leave) Policy. ARTH-I F 1R 1:1610181A\'ALO, Section 1. The City and Group agree to incorporate into this MOU the elimination of specified holidays and have floating holidays replace them. The holidays to be eliminated are: Washington's Birthday, Lincoln's Birthday, Columbus Day, and Admission Day. a) The total number of floating holidays is five (5) with all floating holidays available at the beginning of the calendar year. All floating holidays to be taken off are subject to operational and scheduling factors and must be approved by the employee's supervisor. b) Subject to (c) below, no floating holidays will be available until the successful completion of the original probationary period. At that time, such employees will be credited with a pro rata portion of the aforesaid five (5) floating holidays based upon the time remaining in the initial calendar year of employment, but in no case less than one day. c) No floating holiday may be carried over to another calendar year. d) The availability of five (5) floating holidays on January 1 of each year (in the case of a permanent employee) and of a pro rata portion thereof upon successful completion of the probationary period (in the case of new employees) is based upon the assumption that the employee will successfully complete employment with the City for the calendar year in question. If an employee fails to successfully complete employment for the said calendar year, the number of floating holidays available to the employee shall be prorated on the basis of the portion of the calendar year for which the employee was employed by the City. If, under such circumstances, the employee has used more floating holidays than were actually available, the City shall make an appropriate reduction in its payment of final compensation to such employee. e) The accrual for five (5) floating holidays for fulltime employees shall be fifty (50) hours per annum based on a 4/10 work schedule. f) In the event the City returns to an 8-hour/5 day workweek, then the accrual rate will reflect such change. Section 2. Employees covered under this MOU shall be allowed the following paid holidays: New Year's Day, January 1; Martin Luther King Jr., third Monday in January; Presidents' Day, third Monday in February; Cesar Chavez Day, March 31; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Veteran's Day (November 11th); Thanksgiving Day, fourth Thursday in November; day after Thanksgiving, fourth Friday in November; Christmas Day, December 25. When a holiday named in this regulation falls on Sunday, it shall be observed on the following Monday. As the City is currently operated on a flexible work schedule, those holidays which fall on a Friday in any given year will not be observed by 4/10 employees. Those employees working a 5-day/8 hour (5/8) workweek will be paid for those holidays falling on a Friday. This provision is made with the understanding that the accrual rates for floating and personal leave time (Article 21) will be adjusted annually for 5/8 scheduled employees as warranted to compensate both the 4/10 and 5/8 work schedules on an equal basis. In the event the City returns to a 5/8 work schedule for all full-time employees, those holidays falling on a Saturday will be observed on Friday. The City Manager may determine and approve as warranted the carryover of up to two (2) floating holidays into the following year for full-time employees. Said approved holidays shall be taken no later than June 30 of the carryover year. All requests must be submitted to the City manager no later than November 1 to be considered. The City agrees that if the City closes on the days between Christmas and New Year's Day, employees covered by this MOU shall not lose any pay during this period. Section 3. Personal Leave Day may be taken on any day of the employee's choosing, subject to operational and scheduling factors and approval by the employee's supervisor. The Personal Leave Day must be taken within the calendar year or it is lost. Employees who terminate without using their Personal Leave Day for that calendar year shall receive payment for this day. Effective January 1, 2013, the Personal Leave time available will be twenty (20) hours for employees working the 4/10 schedule and sixteen (16) hours for employees working the 5/8 schedule. Section 4. Employees will not be required to use their time for the Christmas Closure, City will cover the cost. ARTICLE 19 ACTING SUPERVISORY COMPENSATION At such time as a supervisory position becomes temporarily vacant for reasons of sick leave, leave of absence, or injury on duty status, a civil service employee may be assigned the supervisory duties and designated as "acting." Further, at such time as a supervisory position becomes vacant, i.e., without an incumbent, a civil service employee who has less than the minimum training or experience requirements for temporary appointment may be assigned the duties and designated as "acting" upon determination by the Department Head (or City Manager, if appropriate) that said employee is best qualified to perform all or a substantial portion of the duties of the supervisory position. The selection of the employee for "acting" status shall be within the sole discretion of the Department Head. Employees acting in a supervisory position shall not be entitled to any additional compensation for doing so unless they work eight (8) or more days in that assignment, at which time they shall be entitled to acting compensation retroactive to the first day of that assignment. Such compensation shall continue until such time as the incumbent returns or, as in the case of the vacant position, the position is filled or the designated employee meets the temporary appointment requirements. Acting compensation is at the step r -ate n the supervisory position range which exceeds but is closest to the employee's current rate of pay in the permanent position or two hundred fifty dollars ($250.00) per month, whichever is less. ARTICLE 20 RETIREMENT POLICY For employees hired prior to January 1, 2013, and for those employees hired after that date but determined by the California Public Employees Retirement System ("CaIPERS") to be "classic members" as defined by CalPERS, the City will continue to provide employees a pension through the CaIPERS system commonly known as the "3% @60" formula. For new employees that are non -classic members, the City will provide a pension through CaIPERS using the "2% @ 62" formula, pursuant to the California Public Employees' Pension Reform Act of 2012 ("PEPRA"). Employees hired prior to January 1, 2013 and classic members shall continue to pay up to eight percent (8%) for any CaIPERS member contribution under the 3% @ 60 formula, unless directed to pay a higher percentage by law or a mandate directly from CaIPERS. New, non -classic members shall pay 100% for any CaIPERS member contribution under the 2% @ 62 formula pursuant to PEPRA. The City does not elect to pay any part of employee member contributions known informally as Employer Paid Member Contributions (EPMC) as allowed under Government Code Section 20691 pursuant to agreement reached between the parties in 2012. Retirement compensation for employees hired prior to January 1, 2013 and classic members shall be computed on the employee's one (1) year's highest earnings. Retirement compensation for non -classic members shall be computed on the employee's three (3) highest years of service. ARTICLE 21 LEAVE BENEFIT ACCRUAL RATES The following shall represent leave benefit accrual rates for full-time classified employees: VACATION 80 hours/year (80/26) = 3.08 hours/pay period VACATION 120 hours/year (120/26) = 4.62 hours/pay period VACATION 160 hours/year (160/26) = 6.15 hours/pay period SICK LEAVE 96 hours/year (96/26) = 3.69 hours/pay period FLOATING HOLIDAYS 50 hours/year (50/26) = 1.923 hours/pay period (5/8 work schedule; see below) PERSONAL LEAVE 10 hours/year Credited January 1 annually (4/10) 8 11 (5/8) 23 Effective January 1, 2013: 4/10 Floating Holiday 50 hours Personal Leave 20 hours 5/8 Floating Holiday 40 hours Personal Leave 16 hours ARTICLE 22 NON-DISCRIMINATION It is agreed that neither the City nor the Group shall discriminate against any employee because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation of any person, employee organization membership or activity, or political affiliation. This prohibition shall include any other protected characteristics not mentioned here, as may be subsequently required by law pursuant to Government Code Section 12940. ARTICLE 23 ANNUAL VACATION LEAVE The purpose of annual vacation leave is to enable each eligible employee annually to return to work mentally refreshed. All. full time employees in the classified service shall be entitled to annual vacation leave with pay. Employees not eligible for vacation leave with pay are: 1) Employees still serving their original probationary period in the services of the City; however, vacation credits for the time shall be granted to each such employee who later received a permanent appointment. 2) Employees who work on an intermittent or seasonal basis and all part-time employees. All eligible employees in the first through fifth year of continuous service shall earn vacation credit at the rate of eighty (80) hours per year. Beginning with the sixth year and through the twelfth year of continuous service employees shall earn vacation credit at the rate of one hundred twenty (120) hours per year. Beginning with the thirteenth year of continuous service and thereafter employees shall earn vacation credit at the rate of one hundred sixty (160) hours per year. Each eligible employee shall be required to have served the equivalent of one year of continuous service in the City in order to be eligible for his/her full annual vacation leave. After six (6) months of continuous service, the employee may be permitted to take vacation leave not to exceed forty (40) hours. In no event, however, will paid vacation be granted in excess of earned vacation credits. Vacation leave must be approved in advance by the Department Head or City Manager. The times during a calendar year at which an employee may take his/her vacation shall be determined by the Department Head with due regard to the wishes of the employee and 13300661.1 particular regard for the needs of the service. Vacation Cap Effective July 1, 2017, an employee may accumulate vacation to a maximum of five hundred fifty (550) hours. Vacation leave is accrued as earned, and the amount of vacation leave accumulated shall not exceed the maximum. Accrual shall stop whenever the employee is at the maximum. Upon reaching the maximum allowed accumulation, future vacation hours shall not be earned unless or until vacation usage or cash out causes the employee's accrual to fall below the maximum limit set forth in this MOU. The City will increase a cash out to one hundred forty (1'40) hours for the first year to assist employees reach the vacation cap of five hundred fifty (550) hours. Cash out will go back to one hundred (100) hours after the first year set forth in this MOU. In addition, the City will allow employees to determine the month they would like to request their cash out. Effective July 1, 2017, the Union agrees to decrease the maximum vacation hour accrual from six hundred forty (640) hours to a maximum of five -hundred and fifty (550) hours. Vacation leave is accrued as earned and the amount of vacation leave accumulated shall not exceed the maximum. Accrual shall stop whenever the employee is at the maximum. All employees who have an accrued vacation balance over three hundred ninety (390) hours through June 30, 2017 shall have the opportunity to transfer up to three hundred and fifty (350) hours to a secondary vacation account. All employees who are eligible forthe secondary vacation account must identify their election amount on or by September 30, 2017. After September 30, 2017 there will be no further transfers in or out of the secondary vacation account. All eligible employees with a secondary vacation account must utilize their secondary account vacation balance in full prior to utilizing any primary vacation account leave. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave upon termination of employment. Effective July 1, 2018 employees represented by the Group may be paid for up to one hundred (100) hours per annum for compensable time. Sick time is excluded from this provision. Financial hardship requests to convert additional accrued leave to cash will be reviewed on a case-by-case basis and require the approval of the City Manager. Financial hardship requests shall be submitted to the Human Resources Director with appropriate justification. Payment shall be made in the following manner: a. Payment will be made annually at the employee's current hourly rate of pay. b. Payment will not exceed one hundred (100) hours per calendar year. c. Payment request shall be submitted to the City Manager or his/her designee no later the 1st Thursday of any month in order to be considered for payment during 13300661.1 the month requested. A form is available in the Human Resources Division. d. Such annual payment shall be included in the check for the first pay period ending in December provided the funds are available. ARTICLE 24 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of federal and state law. ARTICLE 25 FAMILY CARE AND MEDICAL LEAVE POLICY STATEMENT OF POLICY In addition to other leaves available under the MOU and/or other City provided leaves of absences, employees may also be eligible for leave under federal and state law. The City will provide family and medical care leave for eligible employees as required by state and federal law, including leaves under the Federal Family and Medical Leave Act ("FMLA"), the State of California Family Rights Act ("CFRA"), and Paid Family Care Leave ("PFCL"). An individual who is entitled to leave under the FMLA and the CFRA must take Family Temporary Disability Insurance leave concurrent with leave taken under the FMLA and the CFRA. II. DEFINITIONS In implementing this policy, the following definitions will apply: A. "12 -Month Period" means a rolling twelve (12) month period measured backward from the date leave is taken and continuous with each additional leave day taken. B. "Parent" means the biological, foster, or adoptive parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents -in- law. C. "Child" means a child under the age of eighteen (18) years of age, or eighteen (18) years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step -child, a legal ward, a son or daughter of a domestic partner, or a son or daughter who stands in loco parentis to that child. D. "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. E. "Domestic Partner" means a partner as defined in Section 297 of the 13300661. 1 California Family Code. F. "Family Member" means a child, parent, spouse, or domestic partner as defined in this policy. G. "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that involves: 1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or 2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider as defined under federal and/or state law. H. "Health Care Provider" is defined pursuant to the FMLA and CFRA. III. REASONS FOR LEAVE Leave is only permitted for -the following reasons: 1. The birth of a child or to care for a newborn of an employee or the employee's domestic partner; 2. The'placement of a child with an employee in connection with the adoption or foster care of a child by the employee or domestic partner; 3. Leave to care for a child of the employee, spouse, or domestic partner who has a serious health condition; 4. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position; or 5. Leave to care fora parent, spouse, or domestic partner who has a serious health condition. IV. EMPLOYEES ELIGIBLE FOR LEAVE (Not applicable to PFCL) An employee is eligible for leave if the employee: 1. Has been employed for at least twelve (12) months; and 2. Has been employed for at least one thousand two hundred fifty (1,250) hours during the twelve (12) month period immediately preceding the commencement of the leave. 13300661.1 V. AMOUNT OF LEAVE Eligible employees are entitled to a total of twelve (12) workweeks of leave during any twelve (12) month period. A female employee has a reasonable leave of absence of up to four (4) months whenever she becomes disabled as a result of pregnancy, childbirth, or related medical conditions. Four (4) months is the maximum allowed for pregnancy -related disability leave. A female employee who is physically and mentally capable of returning to work before the expiration of four months is not entitled to a full four (4) month leave of absence. Notwithstanding any leaves available under this policy, once an employee exhausts all federal and state leaves, and any accrued paid leaves, the employee may apply for an unpaid administrative leave of absence pursuant to Article 38 for successive periods of up to thirty (30) days each up to a maximum of one hundred eighty (180) consecutive days. The City has the discretion to either grant or deny any request for an unpaid administrative leave. Benefits shall not accrue during the term of an unpaid leave of absence nor does such time count as service time for step increases, seniority or other purposes. A. Minimum Duration of Leave If leave is requested for the birth, adoption, or foster care placement of a child of the employee or domestic partner, leave must be concluded within one (1) year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two (2) weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one (1) day, but less than two (2) weeks duration on any two (2) occasions. If leave is requested to care for a child, parent, spouse, domestic partner or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. B. Spouses Both Employed by the City In any case in which domestic partners or spouses are both employed by the City and both are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to twelve (12) workweeks during any twelve (12) month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy. VI. EMPLOYEE BENEFITS WHILE ON LEAVE Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City's group health insurance to the same extent that coverage is provided while the 13300661.1 employee is on the job. Employees may make the appropriate contributions for continued coverage by payroll deductions or direct payments made to these plans. Depending on the particular plan the City will inform employees whether the premiums should be paid to the carrier or to the City.. An employee's coverage on a particular plan may be dropped if he/she is more than thirty (30) days late in making a premium payment. However, employees will receive a notice at least fifteen (15) days before coverage is to cease, advising that coverage will be dropped if the employee's premium payment is not paid by a certain date. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due the City (e.g. unpaid wages, vacation pay, etc.). VII. SUBSTITUTION OF PAID ACCRUED LEAVES While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting FMLA/CFRA leave and Paid Family Leave, and may also require an employee to use FMLA leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying. A. Employer's Right to Require An Employee to Use Paid Accrued Leaves Concurrently With Family Leave Where an employee has earned or accrued paid vacation and/or administrative leave, that paid leave must be substituted for all or part of any (otherwise) unpaid leave under this policy. As for sick leave, an employee is entitled and may use sick leave concurrently with leave under this policy if: 1. The leave is for the employee's own serious health condition; or 2. The leave is needed to care for a parent, domestic partner, spouse or child with a serious health condition, and would be permitted as sick leave under the City's sick leave policy. As for compensatory time, an employee may use compensatory time concurrently with leave under this policy. As a condition of an employee's initial receipt of family temporary disability insurance benefits during any twelve (12) month period in which an employee is eligible for these benefits, the City may require an employee to take up. to two (2) weeks of earned but 13300661.1 unused vacation leave prior to the employee's initial receipt of these benefits. If the City requires the employee to take vacation leave, that portion of the vacation leave that does not exceed one (1) week shall be applied to any applicable waiting period for receipt of family temporary disability insurance benefits. VIII. MEDICAL CERTIFICATION Employees who request leave for their own serious health condition or to care for a child, parent, domestic partner, or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to perform the essential functions of his/her position. A. Time to Provide a Certification When an employee's leave is foreseeable and at least thirty (30) day's notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least fifteen (15) calendar days after the employer's request) unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided. C. Recertification If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, or for pregnancy -disability leave, the employee must provide medical certification that such 13300661.1 leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. IX. EMPLOYEE NOTICE OF LEAVE Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) day's notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion; adequately cover the position with a substitute. All notices required under this Policy must be submitted to the Employee's Department Head. X. REINSTATEMENT UPON RETURN FROM LEAVE A. Right to Reinstatement Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA/Paid Family Leave period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two (2) business days, where feasible, after the employee notifies the employer of his/her readiness to return. B. Employee's Obligation to Periodically Report on His/Her Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Fitness for Duty Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a fitness -for -duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. ARTICLE 26 HOURS OF WORK 13300661.1 All classified City employees shall work five (5) eight (8) hours shifts per week, Monday through Friday, except as designated by other Resolutions and Ordinances enacted by the City Council and by directives of the City Manager acting within the framework of said Resolutions and Ordinances. Employees covered by this MOU shall also be eligible to work a 4/10 compressed work week or flexible work schedule as mutually agreed between the employee and Department Head and approved by the City Manager or his/her designee. Resolution 76-86 provided that no part-time person, temporary help, or seasonal worker shall work more than thirty-five (35) hours in any week. ARTICLE 27 ATTENDANCE Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. If an employee is unable to report to work, the employee must notify his/her supervisor in accordance with departmental policy. Failure to do so may result in disciplinary action. Any employee who is unable to report to work must be approved for paid leave status, unless his/her accumulated paid leave time has been exhausted, or on approved leave of absence in accordance with Article 38. Failure on the part of an employee, absent without leave to return to duty within twenty-four (24) hours after notice to return, shall be deemed a resignation unless an acceptable reason is given. Such notice to return shall be sent by registered mail to the addressee only, return receipt requested, or by courier or telegram. It is the responsibility of the employee to notify the supervisor and the Human Resources Division of any change of address or telephone number. ARTICLE 28 GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE A "Grievance" shall be defined as a controversy between the City and the Group or an employee or employees covered by this MOU solely relatingto alleged violations of written terms of this MOU. An appeal of a disciplinary acion, ncluding suspension discharge for cause, demotion or disciplinary reduction in pay, shall initially be submitter) at Step and contain a succinct written statement of the basis of appeal within five (5) working days of the imposition of discipline. All written responses to a disciplinary appeal will specify reasons for the decision and inform the employee of the appeal procedure and applicability of Section 1094.6 of the Code of Civil Procedure limiting the time within which legal actions must be commenced. There shall be an earnest effort on the part of both parties to settle grievances promptly through the steps listed below. The employee may request the assistance of a representative of his own choosing in preparing and presenting a grievance. Either party to the grievance -may invite persons -with relevant information to be present. For purposes of this procedure "working days" refers to Monday through Thursday, 7:00 AM to 6:00 PM and excludes weekends and holidays. A grievance by a Department Head shall be submitted in accordance with Step 3. Step 1: An employee's grievance must be orally discussed with the first line 13300661.1 supervisor immediately in charge of the aggrieved employee within ten (10) working days after the event giving rise to the grievance, or ten (10) working days after the date that he/she should have been reasonably expected to have had knowledge of the grievance. The supervisor will give his/her answer to the employee by the end of the tenth (10th) working day following the presentation of the grievance and the giving of such answer will terminate Step 1. Step 2: If the grievance is not settled in Step 1 and the employee wishes to pursue it further, the grievance will be reduced to writing by the employee, fully stating the facts surrounding the grievance and/or detailing the specific provisions of this MOU alleged to have been violated, signed and dated by the employee and presented to the Department Head or, in his/her absence, his/her designee within ten (10) working days after termination of Step 1. Written discrimination allegations must contain a description of the purported discriminatory action and the specific basis which is defined by Federal or State law as discriminatory. A meeting with the employee, designated representative (if any) and Department Head, or in his/her absence, his/her designee, may be arranged at a mutually agreeable location and time to review and discuss the grievance. If scheduled, such meeting will take place within ten (10) working days from the date the grievance is received by the Department Head, or, in his/her absence his/her designee. The Department Head, or, in his/her absence his/her designee, will give a written reply by the end of the fifth (5th) work day following the date of the meeting, and the giving of such reply will terminate Step 2. Step 3: If the grievance is not settled at step 2, the employee may move the grievance to Step 3 by serving written notice upon the City Manager within ten (10) working days after receipt of the reply in step 2, or within ten (10) working days after the reply was due, requesting a meeting. Said meeting shall be scheduled within (10) working days after receipt of such request. The City Manager, or in his/her absence his/her designee, shall provide the employee with a written disposition of the grievance within ten (10) ten working days after the meeting. The City Manager's decision shall be final and binding, except in disciplinary and discrimination cases as specified below. Step 4: The employee may seek review by the Personnel Board of the City Manager's decision in grievance matters by submitting a written request to the Human Resources Division within ten (10) working days from the date of the answer in Step 3. The Personnel Board may grant an informal hearing and the Board's role in such matter is advisory only, except that in disciplinary and discrimination cases, the Board shall grant a hearing and the Board's decision shall be final and binding. If any employee has complied with the above steps and requested Personnel Board review in a disciplinary appeal or discrimination allegation, the Board shall hold a hearing within thirty (30) days of the request and take such action as it deems appropriate. It is agreed that neither party shall attempt to influence the Personnel Board prior to the hearing. Upon conclusion of any investigation or hearing, the Personnel Board shall, within ten (10) working days, notify the Human Resources Director in writing of its finding and recommendations. A copy of such finding shall also be transmitted to the affected employee. All costs of representation resulting from the process shall be borne by the party incurring 13300661.1 them. No employee shall use City time, staff or materials in the pursuit of a grievance or in response to a proposed or effected disciplinary action, unless he or she has obtained prior specific authorization to do so. A grievance or other appeal which is not brought forward within the time limit provided within each of the sections of this article shall be deemed to have been waived and settled, unless such time limit is expressly extended by mutual agreement. Time limits as set forth above may be extended by a mutual agreement between the parties, but neither party shall be required to do so. Probationary and part-time employees are excluded from the provisions of this article. ARTICLE 29 BEREAVEMENTLEAVE In the event of a death in the employee's immediate family, the Department Head or City Manager may grant a four (4) day bereavement leave with pay. "Immediate family" is defined as mother, father or grandparents of employee or mate; mate; brother, sister, children or grandchildren of employees. ARTICLE 30 EMERGENCY LEAVE In the event of an emergency, the City Manager may grant the use of a maximum of two (2) days sick leave annually as emergency leave. Application for emergency leave may be under the following conditions: 1) hospitalization or illness in immediate family*; 2) death in family not covered by bereavement leave; and 3) other events which preclude the employee's attendance at work and which the Department Head determines constitutes an emergency. If the Department Head denies an employee's request for emergency leave, the employee may request in writing that the City Manager review the request. The City Manager's decision shall be final. * Not covered under Labor Code Section 233 /Article 17, Sick Leave Policy. ARTICLE 31 JURY DUTY The City shall compensate a full-time employee who has been called for jury duty. Compensation shall be at the employee's regular hourly rate pay. The employee shall remit to the City the amount paid by the courts minus any mileage reimbursement. Service on a grand jury is specifically excluded from this Article. ARTICLE 32 SERVICE DISABILITY Under the provisions of the Worker's Compensation Insurance and Safety Act of California, employees are compensated for injuries sustained in the course of employment, 13300661. 1 rendering them unable to perform their duties. The City of Lynwood provides full salary continuance for thirty (30) calendar days to an employee who is disabled by injury or illness arising out of and in the course of his/her duties. Time off work due to an on-the- job injury is not deductible from accumulated sick leave for the period not to exceed thirty (30) calendar days. However, the salary continuation may be extended in two (2) separate fifteen (15) calendar day extensions with the approval of the City Manager. This equates to up to 60 days in total: the initial 30 days and another 30 days in two 15 -day increments upon the approval of the City Manager. Thereafter, compensation shall be only as provided in the Worker's Compensation and Safety Act. Temporary and part-time employees are excluded from the provisions of this Article relating to salary continuance. ARTICLE 33 NO STRIKE A. Prohibited Conduct Section 1. The Group, its officers, agents, representative and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sick out, or any other job action by withholding or refusing to perform services. Section 2. Any employee who participates in any conduct prohibited in Section 1 above, shall be subject to termination by the City. Section 3. In addition to any other lawful remedies or disciplinary action available to the City if the Group fails, in good faith, to perform all responsibilities listed below in B, Section 1, the City may suspend any and all of the rights, privileges, accorded to the Group under the Employee Relations Resolution in this MOU including, but not limited to, right of access, check -off, the use of the City bulletin boards and facilities. B. Group Responsibility Section 1. In the event that the Group, its officers, agents, representatives, or members engage in any of the conduct prohibited in A, Section 1, above, the Group shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful and they must immediately cease engaging in conduct prohibited in A and return to work. Section 2. If the Group performs all of the responsibilities set forth in Section 1 above, its officers, agents, representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU in violation of Section 1 above. ARTICLE 34 FULL FAITH AND CREDIT CLAUSE For purposes of administering the term and provisions of the various ordinances, resolution, rules, and regulations which may be adopted by the City pursuant to this MOU, all resolutions of the City Council, and all existing matters resolved regarding wages, hours, fringe benefits and other terms and conditions of employment prior to Myers- 13300661.,Milias-Brown Act in 1968, will remain unchanged and unaltered except where expressly changed or altered in this MOU. It is agreed that Management employees retain all benefits previously accrued as miscellaneous employees. ARTICLE 35 SAVINGS CLAUSE Any resolution of the City incorporating any provisions of this MOU shall provide that if any provision of this MOU or of such resolution of any kind is at any time or in any way held to be contrary to any law by any Court of proper jurisdiction, the remainder of this MOU and the remainder of such resolution shall not be affected thereby and shall remain in full force and effect. ARTICLE 36 AUTHORIZED AGENTS For the purpose of administering the provisions of this MOU: A. The City's principal authorized agent shall be the City Manager or his/her duly authorized representative (address: 11330 Bullis Road, Lynwood, CA 90262; telephone: 310-603-0220), except where a particular Management representative is specifically designed in connection with the performance of a specific function or obligation set forth herein. B. The Group's principal authorized agent shall be the Group's President or his/her duly authorized representative (address: 11330 Bullis Road, Lynwood, CA 90262; telephone 310-603-0220). ARTICLE 37 LAYOFF Subject to the express limitation set forth below, the City may separate any employee or class of positions without prejudice, because of the financial or economic condition of the City, reduction of work, or the necessity for the position or employment no longer exists. The City shall give such employee not less than thirty (30) days advance notice of separation and the reason therefor. However, no permanent full-time employee shall be separated while emergency, seasonal, probationary, part-time, or temporary employees are employed into the same positions according to the needs of the service as determined by the City. For the term of the Agreement, the City agrees that it will not layoff any LEMG members for the sole purpose of achieving cost savings. The conditions of layoff shall be as follows: 1. PROMOTIONAL EXAMINATIONS. For purposes of layoff, all promotional opportunities will be conducted prior to layoffs proceeding. 2. ORDER OF SEPARATION. The principal criterion used in determining the order of separation and bumping rights shall be seniority based on the total years of continuous full-time service and any prior part-time service as calculated on a pro -rata basis with the City provided the employee presently possesses the skill, ability and qualifications to 13300661.1 perform the job. Layoffs shall be in the reverse order as hired. That is, the employee in the affected job class with the least total City service shall be laid off first. Whenever seniority is equal, the following criteria shall be applied in the indicated order: a. Ranking on eligibility list; b. Performance Evaluations; c. Drawing of lots. 3. BUMPING RIGHTS. Any full-time employee who has been given notice of layoff may displace another employee in the same job class with less seniority in the same job class, or bump to another class in which they formerly held a permanent appointment and there is an employee with less seniority. It is understood that an employee seeking to bump into a lower class shall first occupy any vacant position before displacing an existing employee. After the City has notified the affected employee of the layoff and the position available to the employee, if any, to bump, he/she must notify the Personnel Officer of his/her intent to exercise the bumping rights within ten (10) calendar days of the position in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority shall be displaced by the person who is laid off. The employee displaced shall be considered as laid off for the same reason as the person who displaced him/her and shall in the same manner be eligible to bump to a position within City in which he/she formally held a permanent position. 4. APPOINTMENT OF LAID -OFF EMPLOYEES TO LOWER CLASS. Any employee in a represented job class who is scheduled to be laid off due to lack of work, lack or funds, of elimination of position, may, not later than ten (10) calendar days after notice of layoff, request to displace ("bump") an employee in a lower job class within the job series provided the laid off employee has greater overall City service seniority than the employee in the lower job class and is qualified by education and/or experience for such a position. If there is more than one employee who is qualified for such appointment(s) the "bump" shall be based on seniority with the employee with the highest seniority offered the position first, then the next highest, etc. The City Manager shall approve the appointment of an employee who is to be laid off to a lower class which the employee is qualified without requiring an examination within the job series. An employee who has not previously served in the lower class may be required to successfully complete the probationary period for the class. If the employee(s) have the same seniority, then the procedure for breaking ties set forth in this article shall apply. The employee displaced as a result of being "bumped" shall be considered as laid off for the same reasons as the person originally displaced and the same displacement rights shall be afforded. 5. SALARY PLACEMENT. An employee(s) who accept an appointment to a lower 13300661.1job class as a result of a layoff and/or a displacement ("bump") shall be placed at the 13300661.1 step of the salary range which most closely corresponds to, but in no case exceeds, the salary step of the previously held position. ARTICLE 38 LEAVE OF ABSENCE A permanent classified employee may be granted an unpaid leave of absence of up to thirty (30) days for medical, personal, and other reasons. Extensions on other leave requests may also be granted for successive periods of up to thirty (30) days each up to a maximum of one hundred eighty (180) consecutive days unless otherwise approved by the City Council. Benefits shall not accrue during the term of an unpaid leave of absence, nor does such time count as service time for step increase, seniority, or other purposes. Available compensatory time off and vacation leave shall be used prior to the commencement of a leave of absence. The City Manager may approve up to thirty (30) days unpaid leave for personal leave requests. All other requests for leaves of absence must be submitted in writing and be approved by the City Council. Military leave shall be granted as mandated by Federal and State law (See Article 24). Pregnancy leave shall be governed by the Family Care and Medical Leave Policy (See Article 25). Upon expiration of an approved unpaid leave of absence, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at the expiration of such leave shall be • cause for discharge. ARTICLE 39 FULL UNDERSTANDING. MODIFICATIONS WAIVER A. This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal regarding any such matters are hereby superseded or terminated in their entirety. B. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be required to negotiate with respect to any other matters within the scope of negotiations during the term of this MOU. C. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner se binding upon the parties hereto unless made and executed writing by all parties hereto and, if required, approved and implemented by the City Council. D. The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 40 RENEGOTIATION The parties shall use their best efforts to submit new proposals for a successor MOU by March 15, 2018 and shall begin negotiations by April 1, 2018. ARTICLE 41 TERM This MOU is to cover said employees for the period from July 1, 2017 through June 30, 2020, effective upon adoption by City Council. IIII1IINVINI In witness whereof, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding on: City: I:' 13300661.1 Lynwood Employee Management Group: a c ytrpo4�~ AGENDA STAFF REPORT DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manager(" J V lJ� PREPARED BY: Raul Godinez P.E., Director of Public Works/City Engineer Lorry Hempe, Public Works Special Projects Manager SUBJECT: Receive and File a Report on Change Orders for the City Hall Annex Construction (CIP 67.011) Recommendation: Staff recommends that the City Council receive and file this item. Background: Lynwood Municipal Code (LMC) Section 6-3.15(f) requires the City Manager to report to the City Council on modifications and change orders every three months. The construction of the City Hall Annex started on October 4, 2016. On December 1, 2017, ,the first change order was issued. On March 7, 2017, staff reported to the City Council on change orders approved. The purpose of this item is to report to the City Council the change orders approved by the City Manager since the last report that have resulted in a change in contract price with Tobo Construction Inc. and Robert Coffee + Associates. Discussion & Analysis: The Lynwood Municipal Code (LMC) Section 6-3.15(a) provides authority to the City Manager to approve in writing any modification involving an addition to, deletion from, or revision in any item in such contract, including, without limitation, plans, specifications and extra work, and change orders relating to the nature or quantity of services, equipment, supplies or work. The City Manager is limited t approve change orders in an amount not to exceed $50,000 or 25% of the origin I contract price, whichever is lesser. AGENDA ITEM 140 LMC 6-3.15(d); allows the City Council by resolution to authorize the City Manager to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a). On September 6, 2016, the City Council awarded a construction contract to Tobo Construction Inc. in the amount of $5,472,000, this amount includes a construction allowance usage of $283,829 to be used for construction modifications due to plan corrections or conflicts. At the same meeting, the City Council authorized the City Manager to approve change orders up to the available Cash Allowance and project contingency for Tobo Construction Inc., thus raising the not -to -exceed amount that the City Manager can approve. On March 7, 2017, the City Council authorized the City Manager to approve agreements, amendments, modifications, or contract change orders to consultants, vendors, or contractors' agreements or contracts up to the available Project Budget amount pursuant to LMC 6-3.15(d) for the City Hall Annex. LMC 6-3.15 (Report on Change .Orders) Lynwood Municipal Code (LMC) Section 6-3.15(f) requires the City Manager to report to the City Council on modifications and change orders every three months. Since the last report on March 7, 2017, the City Manager has approved the following change orders: Reference Vendor Description Amount No. Amendment' Robert Coffee + Commissioning for Title $11,300 Associates 24 CCO #22 Tobo Construction Inc. Additional days due to $0.00 rain dela CCO #33 Tobo Construction Inc. Security Cameras and $62,533.04 Key cards Total $73,833 To date, the City Manager has approved $78,479 in change orders and contract amendments which resulted in changes to the original contact with Tobo Construction Inc., and with Robert Coffee+ Associates. The change orders or amendments approved by the City Manager represents 1.02% of the approved project budget of $7,672,845. ' Attachment A z Attachment B s Attachment C 2 r Fiscal Impact: No additional appropriation is requested with the recommended action. Coordinated With: Finance & Administration City Attorney ATTACHMENT A CONTRACT EXTENSION TO ROBERT R. COFFEE ARCHITECTS + ASSOCIATES1.- EREAS, the City of Lynwood, herein after called City and Robert R. rchitects + Associates herein after called Consultant, have entered into an Agreement, dated January 21, 2014, which Agreement sets forth the terms and conditions for the Consultant to provide architectural and engineering consulting services to City as set for in the attached Exhibit A, for the Lynwood New Annex and City Hall Renovation Project ("Project"); and WHEREAS, the Project requires Cal Green Title 24 Commissioning; and WHEREAS, Consultant can provide the services; and WHEREAS, on March 7, 2017, the City Council authorized the City Manager, to approve consultant or vendor agreements, modifications, change orders or agreement amendments up to the available project budget amount. NOW, THEREFORE, IN consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: 1. That the Agreement is amended to include additional services for Consultant to provide Commissioning Services for the Project. 2. That additional compensation in the amount not to exceed $11,300 will be paid to Consultant for the additional services as proposed by Consultant in its March 16, 2017 Proposal (Attachment A). 3. That the Director Public Works/City Engineer is authorized to approve services up 10% of this additional compensation for additional services that may be necessary. 4. All other terms and conditions of said Agreement dated January 21, 2014 shall remain unchanged. . IN WITNESS WHEREOF, the parties hereto have executed this contract extension to the Professional Services Agreement this 20th day of March 20, 2017. CITY DATED: BY: Alma K. Martinez ; UAIED: CONSULTANT City Manager David A, Garcia City Attorney BY: Maria Quinonez City Clerk DATED: 3/-V/I7 BY: Robert R, Coffee rchitect + Associates MS. Lorry neni}+C Public Works Special Project Manager City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Re: Lynwood City Council Chamber Annex Additional Service Request #2 Commissioning Services Dear Lorry, + Associates Studio B-2 CA 92660 49-760-8668 49-759-9381 We are submitting this request for additional services to provide Commissioning Services for the new City Council Annex Building I have attached the Consultant's Proposal for Commissioning Services for your review of the scope of work to be performed. The proposed fee for the additional services will be: RCA+A: Management and Coordination 10 hours X 150.00/hour = $1,500.00 Southern California Commissioning: $9,800.00 Total Fee: $11,300.00 We look forward to continuing our work on this exciting project. If you have any questions or need additional clarification, please give me a call. Sincerely, Robert R. Coffee Principal SSCOUTHER��N COMMIISSIONING Commissioning 6 Energy Analysis March 10, 2017 Robert R. Coffee Architect + Associates Attn: Robert Coffee 20361 Irvine Avenue Studio B-2 Newport Beach, CA 92660 SUBJECT: LYNWOOD COUNCIL CHAMBER ANNEX Thank you for considering Southern California Commissioning to provide CalGreen / Title 24 commissioning for Lynwood Council Chamber Annex project. Based on the information that was given, following is the project information, CalGreen / Title 24 commissioning scope and fee proposal. PROJECT INFORMATION The proposed project is located in Lynwood, CA. The scope of work is to provide MEP commissioning for Lynwood Council Chamber Annex project to fulfill CalGreen / Title 24 commissioning requirement. The totalsquare footage of the building is 10,400 sq. ft., and the building consists of council chamber, and offices. Based on the concept plan that was received on March 1, 2017 the following system will be commissioned per MEP plan. • HVAC systems HVAC controls • Electrical interior / exterior lighting & control • Domestic hot water system & water fixtures • Landscape irrigation system COMMISSIONING SCOPE OF WORK A. Commissioning Goals and Objectives 1. The purpose of the commissioning plan is to provide direction for the commissioning process during construction, providing resolution for issues such as scheduling, roles and responsibilities, lines of communication and reporting, approvals, and coordination. 2. Commissioning is a systematic process of ensuring that the building systems perform according to the design intent and the owner's operational requirements. 3. All equipment and systems should be installed according to manufacturer's recommendations and the best practices and standards of the industry. 4. Commissioning will include documenting the design intent, followed by activities in the design, construction, and occupancy phases of the project_ 5. The participation of the contractors in commissioning activities will follow the requirements defined in the specifications. 6. Facilitate the final acceptance of the project at the earliest possible date. 7. Facilitate the transfer of the project to the owner's maintenance staff. 8. Ensure that the comfort systems meet the requirements of the occupants. 102 Discovery, Irvine, CA, 92618 • Tel:.949-450-1229 Fax: 949-450-1454 7SOUTHERN CALIFORNIA COMMISSIONING lCommissloning 8 Enor4Y Analysts 9. Documentation i. .Equipment is installed and started per manufacturer's recommendations. ii. Equipment and systems receive complete operational checkout by installing contractors. iii_ System performance with thorough functional performance testing and monitoring. iv. Completeness of operations and maintenance materials. v_ Ensure that the owner's operating personnel are adequately trained on the operation and maintenance of building equipment. B. Commissioning Scope 1_ HVAC Systems & Controls 2. Electrical lighting & control 3. Domestic hot water system & water fixtures 4. Landscape irrigation system C. Commissioning Tasks by Phase 1. Design Phase a. Review design documents such as the Owner's Project Requirement (OPR) and the Basis of Design (BOD) from MEP engineers to become familiar with the job for development of the commissioning scope and plan. b. Documenting the Owner's Project Requirements and the Basis of Design. c. Perform Title 24 design review, and fill out CXR forms. 2. Construction Phase a. Prepare the Commissioning Plan b. Coordinate commissioning activities with the GC and incorporate those activities into the construction schedule. c. Perform site observations to insure the construction of the system is in conjunction with appropriate standards and practices in order to facilitate and complete the commissioning process. d. Perform pre -functional inspections to commission the equipment installations_ e. Prepare and distribute functional performance testing for review. f. Observe TAB field operations sufficient .to be confident that the designated procedures were followed. g. Review the TAB report and comment. h. .Any discrepancies or deficiencies shall be reported to the owner and team to find an appropriate resolution. i. Perform Functional Performance Testing in conjunction with the contractors and others as required. J . Generate a list of corrective actions needed for re -test and acceptance. 3. Occupancy Phase a_ Provide final commissioning report. b. Provide system manual. 102 Discovery, Irvine, CA, 92618 • Tel: 949-450-1229 Fax: 949-450-1454 771Commizzloning SOUTHERN CALIFORNIACOMMISSIONING R Energy Analysis NTACT INFORMATION ithern California Commissioning loon (Jay) Kim, PE, CxA, LEED AP 9)450-1229 x208 iay@scalcx.com Allan Phua (949)450-1229 x211 allan(cDscalcx.com PROPOSED FEE -Title 24 design review: $1800 -CalGreen[Title 24 commissioning: $8000 Southern California Commissioning proposes to provide CalGreen (Title 24 commissioning for a fixed fee of S9,800." APPROVAL Agreed &Signed By: Print Name: Date: 102 Discovery, Irvine, CA, 92618 • Tel: 949-450-1229 Fax: 949-450-1454 I - CITY OF LYNWOOD ATTACHMENT B DEPARTMENT OF PUBLIC WORKS '9 CONTRACT CHANGE ORDER Date: 2/21/2017 Contract Change Order: 2 Project Title: CITY HALL ANNEX Resolution No.: 216.199 Contractor: Tobo Construction, Inc CIP No.: 4011.67.011 Complete Sections (1) to (6) and sign. Reason for Change Previous days added from AUR # 1 Seven (7) Non Compensible working days Previous days added from AUR #2 Five (5) Working days. (2) Description of Change. These rain delays are through 1-31-17. Contractor already used up the 7 rain delays in the specifications. This is a no cost contract modification extending the contract completion date by 7 working days. The new revised completion date including previously added days from AUR #11 and AUR #2 shall not go beyond November 25, 2017 unless otherwise mutually amended by both parties. (3) Location of Chance Some location of Project (4) Change in Contract Cost Other Items and Expenditures $0 Markup . $00 (see attached for details) $0 (6) New Contract Total including all Change Orders. (a) Original Contract Sum was ...................................................... (b) Net Change by previously authorized change orders ................. Change Order No. 1 $ Change Order No. 2 $ Change Order No. $ (c) Contract Sum prior to this change order was (a+b) (d) This Contract Change Order ........... $ 5,472,000.00 ............................ $ 4,646.00 4,646.00 ........................ $ 5,476.646.00 .................................................................................. $ - (e) The New Contract Sum including this change order (c + d) ........................................ $ 5,476,646.00 The changes or interpretations described and noted are hereby authorized. The signed original of this order is on file with City of Lynwood Public Works Department. Contractor: We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree. if this is approved, that we will provide all supervision and equipment, furnish all material, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. This Change Order represents complete compensation for all costs, direct and indirect, associated with the work and time agreed herein, including but not limited to, all costs incurred for extended overhead, disruption or suspension of work, labor inefficiencies, and the change' mpact on the unchanged work. This Change Order becomes part of and in conformance with the existing contract a rt erf ent. Approved: t Date Z (-2,O( Tobo on tru on, Inc City of Lynwood Approved: f/ Date ®` Raul Godinez II, P.E Direc f P / ngineer Approved: 01 Date Alma K. Ma inez City Manager Public Works - Signature Stamp PO# 06-006583 ATTACHMENT C CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS CONTRACT CHANGE ORDER Date: 6/1/2017 Contract Change Order. 3 Project Title: CITY HALL ANNEX Resolution No.: 216.199 Contractor Tobo Construction, Inc CIP No.: 4011.67.011 Complete Sections (1) to (6) and sign. (1) Reason for Change LCA-COR-I4-KMU-Access Control -Key Pad Access Devices and Infrastructure LCA -COR -16 -Camera System -Devices and Infrastructure (2) Descffption of Change Owner added scope that was orignally not In contract (NIC) at the time of bid and award. (3) Location of Change Some location of Project (4) Change In Contract Cost Other Items and Expenditures $0 (a) Original Contract Sum was.................................................................. $ 5,472,000.00 (b) Net Change by previously authorized change orders......... ....................................... $ 67,179.04 Change Order No. 1 $ 4,646.00 Z �� / Change Order No. 2 $ - AInf Marr finez Change Order No. 3 .$ 62,533.04 (c) Contract Sum prior to this change order was(a+b)....................... :....................... $ 5,539,179.04 (d) This Contract Change Order.....................................................................:............ $ - (e) The New Contract Sum including this change order (c + d) ........................................ $ 5,539,179,04 The changes or interpretations described and noted are hereby authorized. The signed original of this order is on file with City of Lynwood Public Works Department. Contractor. We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all supervision and equipment, furnish all material, and perform all services necessary for the above, specified work, Including field and home office expense and will accept as full. payment therefor the prices shown above. This Change Order represents complete compensation for all costs, direct and Indirect, associated with the work and time agreed herein, including but nA limited to, all costs incurred for extended overhead, disruption or suspension of work, labor Inefficiencies, and the cha 's Impact on the unchanged work. This Change Order becomes part of and in conformance with the existing contra f fLee ent. Approved: Date City of Lynwood Approved: Date Raul G0 'nez II P E. Dire f Pu I i eer Z �� / Approved: Date AInf Marr finez City Manager Public Works - Signature Stamp POS 06-006583 City of Lynwood City Hall Annex [CIP No. 4011.67.0111 CHANGE ORDER REQUEST -14.1 DATE: 3/9/2017; 3/14/2017; 5/23/2017;5/26/2017 REF. NO. &TITLE: LCA«CQI-4',l�(�IICI�CC�t1�l'q)�k'` t PROJECT: Lynwood City Hall Annex PROJECT ID. NO.: CIP No. 4011.67.011 Material Costs (from Breakdown): 15.00% $ - TO: Bob Lathrop, Project Manager/ Erickson -Hall Construction Co. - FROM: Jimi Chae, Project Manager / Tobo Construction, Inc. $. - Equipment Costs (from Breakdown): 5.004 $ - Description of Work: Per email, we hereby propose to provide all labor, materials and equipment to provide Access Control per lump sum amount below. - Labor Costs (from Breakdown): 1 15.00% WORK BY GENERAL CONTRACTOR COST SUMMARY See attached breakdown sheets or itemization - ITEM AMOUNT O/H & PROFIT TOTALS Material Costs (from Breakdown): $ - 5.00% $ - $ - Material Sales Tax (9.00%): $ - 5.00% $ - $ - Equipment Costs (from Breakdown): $ - 5.00% $ - $ - Labor Costs (from Breakdown): $ - 5.00% $ SUBTOTAL (B) —WORK BY SUBCONTRACTOR(S): Other Items &Expenditures (from Breakdown): $ - 5.00% $ - $ - SUBTOTAL (A) — WORK BY GENERAL CONTRACTOR: $ - WORK BY SUBCONTRACTOR(S) COST SUMMARY See attached breakdown sheets or itemization ITEM AMOUNT O/H & PROFIT TOTALS Material Costs (from Breakdown): 15.00% $ - $ - Material Sales Tax (9.00%): 5.00% $. - Equipment Costs (from Breakdown): 5.004 $ - $ - Labor Costs (from Breakdown): 1 15.00% $ - Other Items & Expenditures (from Breakdown): $ 24,214.40 15.0041 $ 3,632.16 f $ 27,846.56 SUBCONTRACTOR'S COSTS SUBTOTAL: $ 27,846.56 G.C. Markup for Work by Subcontractor (15.00%): $ 4,176.98 SUBTOTAL (B) —WORK BY SUBCONTRACTOR(S): $ 32,023.54 COR SUBTOTAL (SUBTOTAL A + B):l $ 32,023.54 INSURANCE & BONDS:1 $ 320.24 GRAND TOTALI $ 32,343.78 The proposed change would increase the Final Completion Date by '" 0 _ a working days. This Change Order proposal is valid for calendar days. Contractor: Project Manager 5/26/2017 Signature Title Date City of Lynwood City Hall Annex [CIP No. 4011.67.011] CHANGE ORDER REQUEST -14.1 COR 141 3 ,4 TOTALLABOR $ - OTHER EXPENSES: LINE # DESCRIPTION QTY UOM AMOUNT SUBTOTAL TOTAL OTHER EXPENSES.$ - SUBCONTRACTOR COST BREAKDOWN MATERIALS LINE # ITEM QTY UOM UNIT COST LINE TOTAL 1 $ - TOTAL MATERIAL $ - EQUIPMENT LINE # ITEM QTY UOM RATE LINE TOTAL 1 see attached proposal 1 LS $ 24,214.40 $ 24,214.40 TOTAL EQUIPMENT $ 24,214.40 LABOR LINE # HOURS MEN SOW CLASSIFICATION RATE LINE TOTAL 1 TOTALLABOR $ - OTHER EXPENSES: LINE # DESCRIPTION QTY UOM AMOUNT SUBTOTAL TOTAL OTHER EXPENSES.$ - KMU Solutions Inc -- Change Orderl Proposal On 111M LN 4120 w Pico Blvd #4 LA. CA. 90019 Proposal TEL (213)503-1208 Date 3/8/2017 1 Access Main Controller - 12 Doors 1 $8,950.00 $8,950.00 3 Card Reader with Keypad 8 Card Reader Access Control Management Software 2 Access Card 100 Qty 1 $450.00 $450.00 3 Cable 1 $1,985.00 $1,985.00 4 Other Parts 1 $951.00 $0.00 5 Labor ( 2M • 9 Days) 1 $11,750.00 $11,750.00 2 Sum $12,336.00 $11,750.00 $23,135.00 3 Tax $1,079.40 $1,079.40 4 Sub Total $24,214.40 5 Overhead & Profit 15% 3632.16 KMU Solution, Inc Wanju Kim x Tobo construction, Inc x City of Lynwood City Hall Annex [CIP No. 4011.67.0111 CHANGE ORDER REQUEST -16.1 > COR• 61 GATE: S/Z6/2017 REF. NO. & TITLE f�A�CQ1�16Cat1?gra SySiterft• `° "fi miia Q PROJECT: Lynwood City Hall Annex PROJECT ID. NO.: CIP No. 4011.67.011 Material Costs (from Breakdown): $ - 5.00% $ - TO: Bob Lathrop, Project Manager/ Erickson -Hall Construction Co. - FROM: Jimi Chae, Project Manager / Tobo Construction, Inc. $ - Equipment Costs (from Breakdown): $ - 5.00% $ - Description of Work: Per specification,. we hereby propose to provide all labor, materials, and equipment for camera system per lump sum amount below. - Labor Costs (from Breakdown):1 $ - 5.00% $ - WORK BY GENERAL CONTRACTOR COST SUMMARY See attached breakdown sheets or itemization - ITEM IAMOUNT O/H & PROFIT TOTALS Material Costs (from Breakdown): $ - 5.00% $ - $ - Material Sales Tax (9.00%): $ - 5.00% $ - $ - Equipment Costs (from Breakdown): $ - 5.00% $ - $ - Labor Costs (from Breakdown): $ - 5.00% $ - $ - other Items & Expenditures (from Breakdown): $ - 5.00% $ - $ - SUBTOTAL (A) — WORK BY GENERAL CONTRACTOR: $ - WORK BY SUBCONTRACTOR(S) COST SUMMARY See attached breakdown sheets or itemization ITEM AMOUNT O/H & PROFIT TOTALS Material Costs (from Breakdown): $ - 5.00% $ - $ - Material Sales Tax (9.00%): $ - 5.00% $ - $ - Equipment Costs (from Breakdown): $ - 5.00% $ - $ - Labor Costs (from Breakdown):1 $ - 5.00% $ - $ - Other Items & Expenditures (from Breakdown): $ 22,601.40 15.00% $ 3,390.21 $ 25,991..61 SUBCONTRACTOR'S COSTS SUBTOTAL: $ 25,991.61 G.C. Markup for Work by Subcontractor (15.00%): $ 3,898.74 SUBTOTAL (B) —WORK BY SUBCONTRACTOR(S): 1 $ 29,890.35 COR SUBTOTAL (SUBTOTAL A + BJ 1$ 29,890.35 INSURANCE & BONDS: $ 298.90 GRAND TOTALI $ 30,189.26 The proposed change would increase the Final Completion Date by ,,0'.working days. This Change Order proposal is valid for calendar days. Contractor: Proejct Manager 5/26/2017 Signature Title Date City of Lynwood City Hall Annex [CIP No. 4411.67.011] CHANGE ORDER REQUEST -16.1 TOTAL EQUIPMENT $ LABOR LINE # HOURS MEN SOW CLASSIFICATION RATE LINE TOTAL OTHER EXPENSES: LINE # DESCRIPTION 1 See attached Proposal 2 3 4 5 6 TOTALLABOR QTY UOM AMOUNT SUBTOTAL 1 EA $ 22,601.40 $ 22,601.40 TOTAL OTHER EXPENSES $ 22,601.40 SUBCONTRACTOR COST BREAKDOWN MATERIALS LINE # ITEM QTY UOM UNIT COST LINE TOTAL 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - TOTAL MATERIAL $ - EQUIPMENT LINE # ITEM QTY UOM RATE LINE TOTAL TOTAL EQUIPMENT $ LABOR LINE # HOURS MEN SOW CLASSIFICATION RATE LINE TOTAL OTHER EXPENSES: LINE # DESCRIPTION 1 See attached Proposal 2 3 4 5 6 TOTALLABOR QTY UOM AMOUNT SUBTOTAL 1 EA $ 22,601.40 $ 22,601.40 TOTAL OTHER EXPENSES $ 22,601.40 KMU Solutions Inc 4120 w Pico Blvd #4 LA. CA. 90019 TEL: (213)503-1208 -- Change Order 3 KMU Solution, Inc Wanju Kim X Tobo construction, Inc X ' N AGENDA STAFF REPORT DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Managed") �� PREPARED BY: Raul Godinez, II, P.E., Director of Public Works / City Engineer Lorry Hempe, Public Works Special Projects Manager SUBJECT: Assurances and Understandings Regarding Receipt and Use of Local Return Funds Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE ASSURANCES AND UNDERSTANDINGS AGREEMENTS REGARDING RECEIPT AND USE OF MEASURE M LOCAL RETURN FUNDS AND OTHER LOCAL RETURN FUNDS." Background: Measure M was approved by the voters of Los Angeles County on November 8, 2016 to improve transportation and ease traffic congestion. The Measure M Ordinance specifies that Local Return funds are to be used for transportation purposes. Metro requires jurisdictions to submit Assurances and Understanding agreements before participating in the Local Return Program. Discussion and Analysis: The Measure M Ordinance specifies that 17% of its revenues be allocated to Jurisdictions on a per capita basis. The Jurisdictions' allocations are based on the population shares from the projected populations as derived from annual estimates made by the California State Department of Finance. The City is eligible to receive Measure M Local Return Funds. For FY17-18, the City's estimated Measure M Local Return allocation is $903,222. In addition to Measure M, the City also receives Proposition A, Proposal C, Measure R and TDA Article 3 Pedest aAGENDA ITEM 11 and Bike Funding. As such, Metro requires the City to submit Assurances and Understanding Agreements for the use of local return funds. Staff recommends that the City Council authorize the City Manager to execute the Assurances and Understanding agreements for Measure M and for the other Local Return Funds, as required, to assure the City receives funding. Fiscal Impact: No additional appropriation is needed with the recommended action. If an executed Assurances and Understandings agreement is not submitted to Metro, the City will not be able to receive its Measure M local return allocation estimated at $903,222 annually. Coordinated With: City Attorney's Office Finance Department RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE ASSURANCES AND UNDERSTANDINGS AGREEMENTS REGARDING RECEIPT AND USE OF MEASURE M LOCAL RETURN FUNDS AND OTHER LOCAL RETURN FUNDS WHEREAS, Measure M was approved by the voters of Los Angeles County on November 8, 2016 to improve transportation and ease traffic congestion; and WHEREAS, the Measure M Ordinance specifies that LR funds are to be used for transportation purposes; and WHEREAS, Los Angeles County Metropolitan Authority will require that Jurisdictions submit Assurances and Understandings agreements before participating in the Local Return Program; and WHEREAS, the Jurisdictions' allocations are based on the population shares from the projected populations as derived from annual estimates made by the California State Department of Finance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council authorizes the City Manager to execute Assurances and Understanding agreements, as necessary, to receive Measure M funds attached hereto as Exhibit A. Section 2. That the City Council authorizes the City Manager to execute Assurances and Understanding agreements for all other Local Return programs such as Measure R, Proposition A, Proposition C, or TDA. Section 3. This resolution shall take effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 31St day of July, 2017. Maria T. Santillan-Beas Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney Alma K. Martinez City Manager APPROVED AS TO CONTENT: Raul Godinez, II, P.E. Director of Public Works / City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of AYES: NOES: ABSENT: , , and passed by the following vote: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing 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 , City Clerk, City of Lynwood s EXHIBIT A APPENDIX I ASSURANCES AND UNDERSTANDINGS REGARDING RECEIPT AND USE OF MEASURE M LOCAL RETURN FUNDS The undersigned, in conjunction with the receipt of funds derived from the one-half cent sales tax approved pursuant to S13767, Measure M Ordinance of the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), and as required by LACMTA's Measure M Local Return ("LR') Guidelines, hereby provides the following assurances and understandings. A. The undersigned hereby assures LACMTA: 1. That the Measure M LR funds are to be used to augment, not supplant, existing local revenues being used for transportation purposes; 2. That Measure M LR funds will be used for public transportation purposes as defined in LACMTA's Measure M LR Guidelines; 3. That the undersigned will submit to LACMTA for the use of Measure M LR funds: a. An Expenditure Plan, annually, by August 11t of each year, including a proposed budget of the current year's expenditures; b. An Expenditure Report, annually, by October 15t1i of each year, including an update of the prior year's expenditures; 4. Unless otherwise required by LACMTA, an audit certified by a Certified Public Accountant, will be conducted by LACMTA within 180 days of the close of the fiscal year; 5. That all projects proposed for Measure M LR funding will meet the legal requirements of the Measure M Ordinance and LACMTA's LR Guidelines criteria. B. The undersigned further understands and agrees: 1. That LACMTA will require the undersigned to return any Measure M LR funds and may impose interest penalties on any expenditure found to be illegal or improper under the terms of the Measure M Ordinance or the LACMTA's LR Guidelines; 2. That the' undersigned will, for projects to be funded in part or in whole with Measure M LR funds, comply with all applicable federal, state, and local laws and regulations, including without limitation: Americans With Disabilities Act (ADA), CEQA and NEPA, affirmative action, transit accessibility and public health and safety requirements and fair labor practices; 3. That the undersigned will utilize the State Controller's Uniform System of Accounts and Records to accommodate uses and disbursements of Measure M LR funds which will allow financial and compliance audits of Measure M LR funds transactions and expenditures to be conducted; 4. That any Measure M LR funds not expended within five (5) years, under the Timely Use of Funds time period, or held in a Capital Reserve account approved by LACMTA, thereafter will be returned to LACMTA upon request. 5. In addition to implementing new Measure M eligible projects and programs, Jurisdictions may use Measure M LR funds to supplement existing Measure M eligible projects and programs should there be a current or projected funding shortfall. LACMTA reserves the right to request appropriate documentation from a Jurisdiction to support the existence of a funding shortfall. 6. The undersigned acknowledges Metro's support of Disadvantaged Business Enterprises/Small Business Enterprises (DBEs/SBEs) and agrees to utilize a procurement process on its Measure M LR projects that, whenever practical, encourages the participation of DBE/SBEs. IN WITNESS WHEREOF the undersigned has executed this "Assurances and Understandings Regarding Receipt and Use of Measure M LR Funds" this day of , 20_ by its duly authorized officer: CITY OF BY (Title) DATE ASSURANCES AND UNDERSTANDINGS REGARDING RECEIPT AND USE OF MEASURE M LOCAL RETURN FUNDS °F°LNG AGENDA STAFF REPORT DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council I ba It APPROVED BY: Alma K. Martinez, City Manager PREPARED BY: Raul Godinez, P.E. Director of Public Works/City Engineer Lorry Hempe, Public Works Special Projects Manager Laura Ochoa, Public Works Technician SUBJECT: Adoption of Plans and Specifications, and Approval of Appropriation for Birch Street, Fir Street, Lugo Avenue, Platt Avenue Street and Water Improvement. Project Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE PLANS AND SPECIFICATIONS FOR BIRCH STREET, FIR STREET, LUGO AVENUE, PLATT . AVENUE STREET AND WATER IMPROVEMENT PROJECT; AND AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE UNAPPROPRIATED CDBG, WATER AND MEASURE R FUNDS; AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO SOLICIT BIDS FOR THE STREET AND WATER IMPROVEMENT PROJECT." Background: On February 1, 2016, City Council approved Community Development Block Grant (CDBG) funding to design and rehabilitate several streets, in the amount of $629,983. The list includes Birch Street (from Platt Avenue to Fernwood Avenue); Fir Street (from Fernwood Avenue to Walnut Avenue); Lugo Avenue (from Bullis Road to Spruce Avenue); Platt Avenue (from Birch Street to Fernwood Avenue); Walnut Avenue (from Spruce Avenue to Birch Street); Redwood Avenue (from State Street to Peach Street). Walnut Avenue (from Spruce Avenue to Birch Street); and Redwood Avenue (from State Street to Peach Street) were extracted from a larger project. An estimated $239,000 in CDBG funds were used towards the construction of Redwood Avenue and Walnut Avenue. There is a remaining $389,000 of CDBG funds for the design and constru AINENDA of the remaining streets which are Birch Street (from Platt Avenue to Fernwood Ave ue),ITEM Fir Street (from Fernwood Avenue to Walnut Avenue); Lugo Avenue (from Bullis Road to Spruce Avenue); and Platt Avenue (from Birch Street to Fernwood Avenue). Discussion & Analysis: On May 3, 2016 the City Council approved CDBG funding to design and construct several streets, in the amount of $670,605 for Beechwood Avenue (from Atlantic Avenue to Wright Road); Louise Street (from Monrovia Avenue to Long Beach Boulevard); and Nevada Avenue (from Cedar Avenue to Josephine Street). On August 16, 2016, the City Council awarded the design services contract to Civil Source in the amount of $108,700 for the design of Birch Street, Fir Street, Lugo Avenue, Platt Avenue, Beechwood Avenue, Louise Street, and Nevada Avenue water main lines and street rehabilitation Project No. 4011.68.026. This project entails rehabilitation, of street pavement,, damaged curbs and gutters, driveway approaches, sidewalks, wheelchair ramps, pavement striping and signage. Also, this project includes the replacement of 6 existing water main lines with new, 8" water main lines on Fir Street, Lugo Avenue, Platt Avenue, Beechwood Avenue, Louise Street, and Nevada Avenue. The plans, contract documents, and working details of this project have been completed and are ready for adoption by the City Council. Pursuant to.California Public Contract Code Section 22039 and Lynwood City Code Section 6-6.7, the City is required to adopt plans, contract documents and working details for all public projects exceeding $ 125,000. To simplify, for tracking and reporting purposes for the CDBG fund allocations, staff recommends splitting the project into two different CIP Projects. Project Street Limits CIP Project Funding Name Contingency 10% Number Request & $ 25,000 Inspection / Project Management (10%) $ 150,000 Funding $ 75,000 Total $ 1,900,000 Sources Birch St., Fir . Birch Street (from Platt Avenue New CIP Project $1,900,000 St., Lugo to Fernwood Avenue) Number to be Ave., and . Fir Street (from Fernwood assigned Platt. Ave., Avenue to Walnut Avenue) Street and . Lugo Avenue (from Bullis Road CDBG; Water to Spruce Avenue) Water, Improvement Platt Avenue (from Birch Street Measure R Project to Fernwood Avenue) Beechwood Beechwood Avenue (from New CIP Project $2,400,000 Ave., Louise Atlantic Avenue to Wright Road) Number to be St, and Louise Street (from Monrovia assigned Nevada Avenue to Long Beach CDBG, Ave., Street Boulevard) Water, and Water Nevada Avenue (from Cedar Measure R Improvement Avenue to Josephine Street) Project Staff recommends the following Project Budget and Budget breakdown for Birch Street, Fir Street, Lugo Avenue, and Platt Avenue: Birch St., Fir St., Lugo Ave., and Platt Ave. Street and Water Improvement Project, Project No. To Be Determined Project Budget Item Cost Construction $ 1,500,000 Contingency 10% $ 150,000 Labor Compliance $ 25,000 Inspection / Project Management (10%) $ 150,000 Administrative 5% $ 75,000 Total $ 1,900,000 However, because of the current funding constraints, staff is only recommending moving forward with the Birch Street, Fir Street, Lugo Avenue, and Platt Avenue Street and Water Improvement Project at this time, with a total budget of $1,900,000. Fiscal Impact: The project is funded by CDBG Funds, Measure R Fund, and Water Funds; there is adequate funding to complete the construction project. The funding breakdown is as follows: Birch Street, Fir Street, Lugo Avenue, and Platt Avenue Street and Water Improvement Project, Project No. To Be Determined Project Funding Allocation From Unappro Hated Fund Requested Amount for Appropriation CDBG $ 389,000 Water $ 916,000 Measure R $ 595,000 Total $ 1,900,000 Closing -Out Projects Funded from Measure R to Free -Up Measure R Funds Since there is not enough unappropriated Measure R Funds, staff recommends to close- out certain CIP projects currently funded from Measure R Funds in FY18, to free up Measure R funds. MEASURE R PROJECTS TO CLOSE OUT Project Name Amount Reason for Closure/Deference LED Street Lights $500,000. Use of Measure R Funds for CIP No 4011.68.014 street lights is restricted. Recommend using On -Bill Financing, if possible, to fund this project. Traffic Signs Improvement $70,718 Use other sources of funds such CIP 4011.67.885 as Gas Tax. Defer project to FY19 if no funding source is available. Trench Cut Repairs 4011.67.917 $43,415 Old project. Should be closed. Pavement Marking Improvements $35,979 Old project. Should be closed. 4011.67.920 Cape Seal 4011.68.025 $150,000 Old project. Should be closed. Total Projects to Close $800,112 Coordinated With: City Attorney's Office City Manager's Office Finance Department 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADOPTING THE PLANS AND SPECIFICATIONS FOR BIRCH STREET, FIR STREET, LUGO AVENUE, PLATT AVENUE STREET AND WATER IMPROVEMENT PROJECT; AND AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE UNAPPROPRIATED CDBG, WATER AND MEASURE R FUNDS; AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO SOLICIT BIDS FOR THE STREET AND WATER IMPROVEMENT PROJECT. WHEREAS, On February 1, 2016, City Council approved Community Development Block Grant (CDBG) funding to design and rehabilitate several streets, in the amount of $629,983. The list includes Birch Street (from Platt Avenue to Fernwood Avenue); Fir Street (from Fernwood Avenue to Walnut Avenue); Lugo Avenue (from Bullis Road to Spruce Avenue); Platt Avenue (from Birch Street to Fernwood Avenue); Walnut Avenue (from Spruce Avenue to Birch Street); Redwood Avenue (from State Street to Peach Street); and WHEREAS, Walnut Avenue (from Spruce Avenue to Birch Street); and Redwood Avenue (from State Street to Peach Street) were extracted from a larger project. An estimated $239,000 in CDBG funds were used towards the construction of Redwood Avenue and Walnut Avenue. There is a remaining $389,000 of CDBG funds for the design and construction of the remaining streets which are Birch Street (from Platt Avenue to Fernwood Avenue), Fir Street (from Fernwood Avenue to Walnut Avenue); Lugo Avenue (from Bullis Road to Spruce Avenue); and Platt Avenue (from Birch Street to Fernwood Avenue); and WHEREAS, On May 3, 2016 the City Council approved CDBG funding to design and construct several streets, in the amount of $670,605 for Beechwood Avenue (from Atlantic Avenue to Wright Road); Louise Street (from Monrovia Avenue to Long Beach Boulevard); and Nevada Avenue (from Cedar Avenue to Josephine Street); and WHEREAS, On August 16, 2016, the City Council awarded the design services contract to Civil Source in the amount of $108,700 for the design of Birch Street, Fir Street, Lugo Avenue, Platt Avenue, Beechwood Avenue, Louise Street, and Nevada Avenue water main lines and street rehabilitation Project No. 4011.68.026; and WHEREAS, this project includes the replacement of 6 existing water main lines with new, 8" water main lines on Fir Street, Lugo Avenue, Platt Avenue, Beechwood Avenue, Louise Street, and Nevada Avenue; and WHEREAS, the aforementioned streets were combined under one CIP number which was Project No. 4011.68.026; and WHEREAS, to simplify, for tracking and reporting purposes for the CDBG fund allocations, staff recommends splitting the project into two different CIP Projects as follows: 1. Birch Street (from Platt Avenue to Fernwood Avenue); Fir Street (from Fernwood Avenue to Walnut Avenue); Lugo Avenue (from Bullis Road to Spruce Avenue); Platt Avenue (from Birch Street to Fernwood Avenue) Street and Water Improvement Project, Project No. TBD 2. Beechwood Avenue (from Atlantic Avenue to Wright Road); Louise Street (from Monrovia Avenue to Long Beach Boulevard) and Nevada Avenue (from Cedar Avenue to Josephine Street). Street and Water Improvement Project, Project No. TBD; and WHEREAS, the Department of Public Works of the City of Lynwood has determined that the streets are categorically exempt pursuant to the California Environmental Quality Act (CEQA).; and WHEREAS, the project is funded by CDBG Funds, Measure R Funds, and Water Funds; and WHEREAS, the project is ready to be advertised for the solicitation of bids. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: 6 a Section 1. The City Council of the City of Lynwood authorizes the City Manager to separate the Street and Water Improvement Projects into two CIP Project Accounts: Project Street Limits CIP Project Funding Name Number Request & Funding Sources Birch St., Fir . Birch Street (from Platt Avenue New CIP Project $1,900,000 St., Lugo to Fernwood Avenue) Number to be Ave., and . Fir Street (from Fernwood assigned . Platt Ave., Avenue to Walnut Avenue) Street and . Lugo Avenue (from Bullis Road CDBG, Water to Spruce Avenue) Water, Improvement . Platt Avenue (from Birch Street Measure R Project to Fernwood Avenue) Beechwood . Beechwood Avenue (from New CIP Project $2,400,000 Ave., Louise Atlantic Avenue to Wright Road) Number to be St., and . Louise Street (from Monrovia assigned Nevada Avenue to Long Beach CDBG, Ave., Street Boulevard) Water, and Water . Nevada Avenue (from Cedar Measure R Improvement Avenue to Josephine Street) Project Section 2. That the following Streets: Birch Street (from Platt Avenue to Fernwood Avenue); Fir Street (from Fernwood Avenue to Walnut Avenue); Lugo Avenue (from Bullis Road to Spruce Avenue); Platt Avenue (from Birch Street to Fernwood Avenue), are categorically exempt pursuant to the California Environmental Quality Act (CEQA). Section 3: That the City Council of the City of Lynwood hereby adopts the Plans, and Specs for the CIP street and water Improvement Project as listed above in Section 2, and authorizes the solicitations of bids for the project. Section 4. That the City Council authorizes to close out the following CIP Projects, thereby transferring the appropriation to unappropriated Measure R Fund available for appropriation to other projects. Project Name Amount LED Street Lights CIP No 4011.68.014 $500,000 Traffic Signs Improvement CIP 4011.67.885 $70,718 Trench Cut Repairs 4011.67.917 $43,415 Pavement Marking Improvements 4011.67.920 $35,979 Cape Seal 4011.68.025 $150,000 Total Amount of Projects to Close 1 $800,112.00 Section 5. That the City Manager or designee is authorized to make the appropriation of the following funds and transfer as follows: (CIP Project numbers to be issued by the Finance Department) Birch Street, Fir Street, Lugo Avenue, and Platt Avenue Street and Water Improvement Project, Project No. TBD — Pro'ect Funding Allocation From Unappropriated Fund Requested Amount for Appropriation CDBG $ 389,000 Water $ 916,000 Measure R $ 595,000 Total $ 1,900,000 Section 6. That this resolution shall take effect immediately upon its adoption.. Section 7. That the City Clerk shall certify as to the adoption of this City Council resolution. PASSED, APPROVED and ADOPTED this 31St day of July, 2017 ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney Maria T. Santillan-Beas Mayor Alma K. Martinez City Manager APPROVED AS TO CONTENT: Raul Godinez, II, P.E. Director of Public Works / City Engineer STATE OF CALIFORNIA. ) COUNTY OF LOS ANGELES ) I, the undersigned, City. Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of , 20 , and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing 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 , 20 City Clerk, City of Lynwood 10 11 DATE: f 4 AGENDA STAFF REPORT July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manage PREPARED BY: Jose Ometeotl, Director of FinanceiD SUBJECT: Request to Extend Interim Staffing Services Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXTEND AN AGREEMENT WITH URBAN ASSOCIATES TO CONTINUE PROVIDING INTERIM PROFESSIONAL CONSULTING SERVICES TO THE COMMUNITY DEVELOPMENT DEPARTMENT IN A NOT -TO -EXCEED AMOUNT OF $165,000" Background: Urban Associates, under a Professional Services Agreement ("Agreement"), has been providing interim consulting services for the position of Interim Director of Community Development ("CD") to provide management oversight of the divisions of Planning/Building and Safety, Public Safety and CDBG/HUD Housing. Discussion & Analysis: Urban Associates has provided interim CD Director. The contemplated contract amendment or Agreement would continue their CD Director services through September 30, 2017. The City is presently recruiting for the position of CD Director and anticipates completing the recruitment process by that time. The Community Development Department is also in need of a Project Manager/Planner to assist with the development projects currently being entitled. Urban Associates would also provide immediate assistance to the CD Department so that they can ensure timely processing and development of these projects. The proposed Agreement would provide the Project Manager/Planner services through January 31, 2018. The City considers the positions of CD Director and Project Manager/Planner to be essential for the continued effective management of Department operations. The Cit�+GE�DA nearing completion of the recruitment for the permanent, full-time position of Direct r. ITEM The Project Manager/Planner position is a short term engagement necessary to effectuate the timely delivery of service. to the project applicants and community. The CD Director and City Manager will continue to evaluate the long-term need for the position. To ensure continued, uninterrupted delivery of services to the project applicants and community, staff is requesting that City Council approve a resolution extending the Professional Services Agreement with Urban Associates in an amount of $165,000. Urban Associates would continue to provide uninterrupted service through January 31, 2018. Fiscal Impact: The cost for the interim staffing provided by Urban Associates will be absorbed through salary savings from the Community Development Director position, fees paid by the project sponsors and Community Development Department budgeted revenue. Coordinated With: City Manager's Office City Attorney Finance Attachments: Resolution 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXTEND AN AGREEMENT WITH URBAN ASSOCIATES TO CONTINUE PROVIDING INTERIM PROFESSIONAL CONSULTING SERVICES TO THE COMMUNITY DEVELOPMENT DEPARTMENT IN A NOT -TO -EXCEED AMOUNT OF $165,000 WHEREAS, the permanent, full-time position of Director of Community Development ("CD") is currently vacant; and WHEREAS, the CD Department requires the services of a Project Manager/Planner to timely advance and entitle development projects; and WHEREAS, Urban Associates has the staffing expertise to provide the critical services on a temporary basis; and WHEREAS, the positions essential to the operation of the CD Department and the uninterrupted services of will ensure the continuity of the operation as it pertains to Planning and Building & Safety, Public Safety, and CDBG/HUD Housing and the efficient operation of all Divisions; and WHEREAS, the City is completing the recruitment of a permanent, full-time CD Director, and WHEREAS, Section 6-3.13 of the Lynwood Municipal Code authorizes the City Council to dispense with formal bidding requirements by 4/5ths vote, when the services may be acquired more economically and efficiently through the use of an alternate procedure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council authorize the Mayor to extend the Professional Services Agreement with Urban Associates through January 31, 2018 in a not -to - exceed amount of $165,000, in a form approved by the City Attorney. Section 2. $165,000 will be allocated from the CD Department budget through salary savings and other cost savings. Section 3. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 31St day of July, 2017. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney C! Maria T. Santillan-Beas, Mayor Alma K. Martinez City Manager m .YNw _k. AGENDA STAFF REPORT' DATE:. July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manager l� PREPARED BY: Raul Godinez, II, P.E., Director of Public Works / City Engineer Lorry Hempe, Public Works Special Projects Manager Bret Kadel, Water Utility Supervisor SUBJECT:' Authorization to Purchase Meter Reading Handhelds and Meters Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PURCHASE OF TWO WATER METER READING HANDHELDS AND TWENTY FIVE SMART WATER METERS." Background: The City's Water Division currently uses Sensus handheld system that is 12-15 years old. The handhelds are used to enter readings for each water meter. The readings are later uploaded at the Water billing Division to generate billings. These handheld meters are normally replaced every 5-7 years. The Water Division currently only has two (2) devices, and because of their age, they are having issues. Therefore, staff is recommending to purchase two new handhelds that are compatible with the smart metering technology. In addition, staff is recommending to purchase 25 smart water meters to be installed at various locations. Discussion and Analysis: Staff is having multiple issues with the devices (i.e. keypads not working, screen hard to read). These devices need to be replaced to have the capability to communicate with the new remote read meters being installed. All new and upcoming software is not supported by the 5001 (current model). Also, there are meter locations that at times, are difficult to access. Staff recommends new smart meters to be installed at several locations that will allow staff to register reading without having to access the private property. These smart meters will be complementary to the new handheld devices recommended to ( A aENDA ITEM 2o purchased. The cost for the two handhelds and the purchase of 25 smart water meters is $19,475. Purchasing Authority The Lynwood Municipal Code 6-3.7(b)(3) requires .formal competitive bidding for purchases of supplies, equipment and routine services in excess of $15,000. Aqua -Metric Sales Co.. is the sole source provider of the handhelds that the Water Division staff uses and recommends upgrading. Lynwood Municipal Code 6-3.13(a)(2) provides exception to the formal competitive bidding if the supplies, equipment, services or contract could be obtained from only one - source. Aqua -Metric Sales is the only provider for the device used by the Water Division. Staff is recommending replacement of the aging meter reading devices for now, until such time the City is able to implement an advanced metering infrastructure. The new hand held devices will be able to function with the new smart water meters. Fiscal Impact: Staff requests an appropriation of $19,475 from the unappropriated Water Fund. Coordinated With: City Attorney's Office City Clerk's Office Finance Department RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PURCHASE OF TWO WATER METER READING HANDHELDS AND TWENTY FIVE SMART WATER METERS WHEREAS, the City's Water Division staff uses meter reading handhelds to enter water meter readings to generate billings, and WHEREAS, these devices are over 12-15 years old requiring replacement; and WHEREAS, new models are now available to replace City's current devices; and WHEREAS, the City's current devices do not support the new remote read meters being installed; and WHEREAS, The Lynwood Municipal Code 6-3.7(b)(3) requires formal competitive bidding for purchases of supplies, equipment and routine services in excess of $15,000. Aqua -Metric Sales Co. is the sole source provider of the handhelds that the Water Division staff uses and recommends upgrading. WHEREAS, Lynwood Municipal Code 6-3.13(a)(2) provides exception to the formal competitive bidding if the supplies, equipment, services or contract could be obtained from only one source; and WHEREAS, Aqua -Metric Sales Co. is the sole source provider for the devices that the City staff uses to read meters and complementary meters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council approves the purchase of the handheld meter reading devices and 25 meters from Aqua -Metric Sales Co. for a cost of $19,475.25 plus any delivery, taxes or set up charges. Section 2. That the City Council authorizes the appropriation as follows: From To Unappropriated Water Fund (6051) Water Division (6051.45.450) $19,475.25 $19,475.25 Section 3. This resolution shall take effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 31St day of July, 2017. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney Maria T. Santillan-Beas Mayor Alma K. Martinez City Manager APPROVED AS TO CONTENT: Raul Godinez, II, P.E. Director of Public Works / City Engineer 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the. City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing 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 , City Clerk, City of Lynwood s Old Sensus Handheld Problems with current devices; 10 yrs old (replacement is normally 3-4yrs) Electronics not working (keys malfunction reducing accuracy in reads) Not able to use them on the new AMI's (Advanced Metering Infrastructure) remote meters New Handheld: FieldLogic Sensus Handheld Meter Reading Device The FieldLogicT" Hand-held Device (HHD) is a reliable, flexible electronic device used to collect and store meter readings and program SmartPoint® modules. You can upload pre-programmed route information from our PC-based FieldLogic software using Wi-Fi or the device's Ethernet -enabled communications/charging stand as an interface. The unit comes with built-in capacity for expanded uses. Benefits to you Offers fast, flexible and reliable meter reading Saves reading time and costs Eliminates errors in meter reading and SmartPoint programming Provides a rugged, easy-to-use reading solution Delivers long battery life Il_1L__._--11 _._J _________ _I1 _._ New Meters: Merl Sensus 3/4 Meter iPERL® (North America) smart water meters offer unparalleled, low -flow accuracy with high-flow durability. They use innovative magnetic technology to capture previously unmeasured low flow. iPERL meters increase your returns while maximizing your operational efficiency. And that can help you drive additional revenue. With no moving parts, lead-free iPERL meters maintain their accuracy over a 20 - year lifetime. With Advanced Metering Infrastructure (AMI) connectivity—as well as 14 condition, diagnostic and lifetime alarms—iPERL meters provide a quick resolution to issues you may experience in the field. Benefits to you Improves operational efficiency and customer service Reduces non -revenue water, measuring flow rates as low as .1-.3 gpm Reduces maintenance and cost Installs horizontally, vertically or diagonally Prevents removal and tampering attempts to obtain free water Detects system leaks Allows remote management, monitoring and diagnosis Collects and logs system and customer data Preserves energy and optimizes power . AGENDA STAFF REPORT DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council elm APPROVED BY: Alma K. Martinez, City Manager PREPARED BY: Raul Godinez, II, P.E., Director of Public Works / City Engineer Lorry Hempe, Public Works Special Projects Manager SUBJECT: Notice of Completion for the Water Well No. 19 Rehabilitation Project (4011.67.009) and Amendment to Water Works Technology Agreement 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 WATER WELL NO. 19 REHABILITATION PROJECT (CIP 4011.67.009) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDERS OFFICE AND THE RELEASE OF THE 5% RETENTION AFTER 35 DAYS AFTER THE RECORDATION; AND AMENDING THE CONTRACT WITH WATER WORKS TECHNOLOGY FOR WORK DONE IN RELATION TO THE PROJECT." Background: On January 2016, Water Well No. 19 was placed out of service due to severe vibration that the well pump was experiencing when pumping water out to the City's water system. Due to the severity of the well vibration, staff determined that the water pump and equipment of Well No. 19 needed to be pulled out of the ground, inspected and repaired in order to correct the deficiencies that were causing the well vibration. Since it was not possible to determine the cause of the vibration until the well was inspected, the contractor, as part of the project, needed to provide a proposal to repair the deficiencies; to be handled via a change order. On October 8, 2016, the City Council awarded the contract to Weber Water Resources CA, LLC in the amount of $54,620 for the initial work to pull out the water pump and equipment for assessment of the deficiencies. AGENDA ITEM 21 On April 4, 2017, the City Council authorized the City Manager to approve change orders, agreements, and modifications to agreements for Well No. 19. Subsequent to this approval, a change order was made in the amount of $26,317.89. Well No. 19 was placed back in production on June 15, 2017, following approval from the State Water Resources Control Board. Discussion and Analysis: On September 12, 2016, staff issued a Notice Inviting Bids for the Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009. Three (3) construction bids were received. Weber Water Resources CA, LLC was the apparent lowest responsible bidder based on its low base bid of $ 54,620. The extent of the scope of work for repair cannot be fully identified until the water pump and equipment are pulled out of the ground, inspected and tested to ascertain the cause of the well vibration. The selected contractor was required to submit a report with recommendations and a proposal with a total cost to correct deficiencies to stop the well vibration. After inspection of the equipment, Change Order No. 1 in the amount of $26,317.89 was requested to repair the motor and well pump; and to provide one new Bowl Assembly and an extension of 20 feet of additional column. Staff determined that repairing the motor instead of replacing the motor would save the City $12,293. The repaired motor should perform as a new motor. After passing the final water quality testing and receiving approval from the State Water Resources Control Board, Well No. 19 was placed officially online on June 15, 2017. Construction/Project Management for Well No. 19 On April 4, 2017, the City Council approved an agreement with Water Works Technology for the SCADA, Generators, Well No. 22 and Well 11 GAC. Unfortunately, staff omitted to also include Water Works' proposal for Well No. 19. To keep pace with the project, staff had to use Water Works Technology to assist in the inspection and construction management of Well No. 19. The expenditures spent for construction and project management and for the manganese study is $28,181, which is below their proposed fee. (See Attachment A) Manganese Study and Sampling The State Water Resources Control Board requires a manganese study to be done for Well No. 19. A Manganese Control Plan has to be prepared and submitted for the State Board's approval. Once approved, the plan has to be implemented. The staff has to be trained. The plan must be followed for the duration of the well use. Water Works Technology proposes to assist the City to comply with the State Board. They are proposing to do the work for $4,700. This amount is included in the request for $28,181. Right now, Well No. 19 is back on line. However, if the City fails to comply with the State Board's requirement, the City may be found not in compliance. Water Works Technology has been in touch with State Board's staff with regards to the study. The City has not conducted a study for the past 2 years because Well No. 19 was offline. To ensure continuous use of Well No. 19, staff recommends for Water Works Technology to proceed with the State's requirements. Staff recommends for the City Council to approve the project as complete and amend the Agreement with Water Works Technology in the amount of $28,181 (See Attachment B for the Invoices) for the project management/construction management of Well No. 19 and to address the State Board's requirement on the Manganese Study and Sampling. Fiscal Impact: No additional funding is needed with the recommended action. Coordinated With: City Attorney's Office City Clerk's Office Finance Department 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE WATER WELL NO. 19 REHABILITATION PROJECT (CIP 4011.67.009) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDERS OFFICE AND THE RELEASE OF THE 5% RETENTION AFTER 35 DAYS AFTER THE RECORDATION; AND AMENDING THE CONTRACT WITH WATER WORKS TECHNOLOGY FOR WORK DONE IN RELATION TO THE PROJECT WHEREAS, the City Council approved the rehabilitation of Water Well No. 19 to address the severe vibration; and WHEREAS, on October 8, 2016, the City Council awarded the contract to Weber Water Resources CA, LLC in the amount of $54,620 for the initial work to pull out the water pump and equipment for assessment of the deficiencies; and WHEREAS, Change Order No. 1 in the amount of $26,317.89 was approved to repair the motor and well pump; and to provide one new Bowl Assembly and extension of 20 feet of additional column; and WHEREAS, Well No. 19 was placed back in production on June 15, 2017 following approval from the State Water Resources Control Board; and WHEREAS, the State Water Resources Control Board is requiring the City to prepare and implement.a Manganese Study and conduct sampling; and WHEREAS, Water Works Technology has assisted the City to manage the project during the rehabilitation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council accepts the Well No. 19 Rehabilitation Project (CIP 4011.67.009) as complete. Section 2. That the City Council authorizes the filing of Notice of Completion with the County Recorder's Office. Section 3. That the City Council authorizes the release of the 5% retention. Section 4. That the City Council approves an amendment to the Consulting Services Agreement between the City and Waterworks Technology, Inc.in an amount not to exceed $28,181 for construction/project management and to prepare a. 4 Manganese Study and assist the City with the training and implementation for Well No. 19. Section 5. That the Mayor is hereby authorized to execute said Amendment to the Consulting Services Agreement in a form approved by the City Attorney. Section 6. That the City Council finds that the hiring of Water Works Technology is economical and efficient to avoid non-compliance. Section 7. That the City Council authorizes Water Works Technology to start immediately as soon as the resolution is adopted to be followed by an executed agreement and approved purchase order. Section 8. This resolution shall take effect immediately upon its adoption. Section 9.. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 31St day of July, 2017. ATTEST: Maria Quinonez City Clerk Maria T. Santillan-Bess Mayor Alma K. Martinez City Manager Wi APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia City Attorney Raul Godinez, II, P.E. Director of Public Works / City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing 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 , City Clerk, City of Lynwood WAT R.WnRKS TECHNOLOGY. INC FEE PROPOSAL CIP WELL 19 REHAB FOR CITY OF LYNWOOD TASK Electrical Consultant D-4/5 Consultant Administrative Mec anica Engineering Civil Engineer EXHIBIT 5 $125.00 $94.68 $85 $105 Lump sum Hrs Cost Hrs Cost Hrs Cost Mrs Cost Hrs Cost Modify and approve citys SCADA plan Organize Pre-bid meeting $0.00 0 $0.00 0 $0 Attend Pre-bid meeting $0.00 2 $189.36 2 $210 Pre-bid meeting Travel 1$0.00 2 $189.36 2 1 $210 Adminstrative services 10 0 $0.00 8 $680 0 J 0 Evaluate and respond to Contractors RFPs $0.00 4 $378.72 4 1 $420 Prepare any addendum for issuance by City Iso.00 4 $378.72 2 $210 Sub -Total Organize pre -construction meeting 1$0.00 $0.00 112 0 1$1,136.16 $0.00 18 $680 14 0 $1,050 $0 Attend pre -construction meeting $0.00 4 $378.72 4 $420 Site visit before, during and after any demo $0.00 0 $0.00 2 $210 Site visit at 50% $0.00 2 $189.36 2 $210 Site visit at 95% 1$0.00 2 $189.36 2 $210 Review all contractor submittals 1$0.00 2 $189.36 4 $420 Project, management & Manganeese study $0.00 45 $4,260.60 280 $29,400 Sub -Total 0 $0.00 55 $5,207.40 8 $680 294 $30,870 Sub -total 0 $0.00 67 $6,343.56 8 $680 308 $31,920 Total $38,943.56 Explanation of Waterworks incurred expenses, not listed above, which are in connection with this proposal; A)lncidental and out of pocket expenses including but not limited to; Cost for postage, shipping, overnight courier, reproduciton services, plotting, photo copies, parking fees and tolls if any B) Travel expenses at standard rate for LA County q! V.0 TECHN NC "Qwnj, 2415 S. WESTBORO AVE ALHAMBRA, CA 91803 Phone # 877-277-4677 Bill To i City of Lynwood Atten: Accounts Payable 111330 Bullis Road .Lynwood, CA 90262 H 00� Invoice Date Invoice 5/30/2017 6151 Due Date 6/1412017-1 P.O. No. Toms Project Net 15 CEP Quantky Description i Rate Amount Services for 04124/17 to 04130/17 CIP 23 'Water Treatment/Distribution System ( Bret Kadeo 94.68: 2,177.64 4 CIP Consultant (Comell Gillenwater] 94.68 j 378,72 40 CIP Consultant (Jose Molina) 94.681, 3,787.20 WWW .WATERWORKS TECH NOLOGY.COM If you have any questions or concerns regarding this invoice, please contact Jeanie @ 877-277-4677. DATE: 4-26-2017 - Meeting with operations staff ' ------�-- ------- —� ----------' - ----- --- ) ' Worked with contractor and staff mnfire-flow for Alameda construction . ' Worked with engineering mnmeter standard for new installations ' | ' Meeting with Duthie Power Services for generator service and start-up (set to | Come out Tuesday May 2nd toassess any parts needed for service call) ' / Meeting with ESRy,IT, and Andre from the oit�regarding GIS - - --___-_--___-'- ' k8eaUmgwith contractor tohelp set upsystem for warehouse inventory � .D-5 / T-5 Waterworks Contractor Time- 12hrs � � BrmtKadel, � ! ' Meeting with operations mo ' ACVVA wmbnm,for application mnstorage water grant ' Meeting with George regarding operations and C1P . ' Meeting with Sand Jmaterials onpurchasing and inventory Phone call/email boKunregarding permit for recycled water atHenmpPark Um�ing ---- _� Him know we are working with Central Basin and SWRC0nnpermitting mb|i8aUono), ' ' -- -' - - - - ------ ---- -----------| Well 11and 23(working with VVR0with regards toSEQAstudy and operations /& Maintenance) ' rime:---- i ' Kadel ( WATERWnR 2 11 V.; DATE: 04/26/17 Review of Well #19 Status Consultant. Comell Gillenwater Hours: I Review of Well #11 PCE &TCE treatment r Consultant-, Cornell Gifleawater DATE: D4/30/17/IT SCADA and Generator Plan Review for corrections Consultant: Cornell Gillenwater Hours: 2 Lic. #: I DATE: 4-25-2017 'Tuesday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (8 Hours) Operator. Jose Molina Total Time: 8 Hours Lic. t. 4w ON. logo DATE: 4-26-2017 Wednesday Water Weil No. 19 Rehabilitation Project, Project No. 4011.67.009 (8 Hour) Total Time: 8 Hours Operator. Jose Molina Lic. #: CA DATE. 4-27-2017 Thursday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (6Hours ) Lynwood Well 11 PCE & TCE Treatment Project 2 Hours Operator. Jose Molina Total Time: 8 Hours Lic. #: DATE: 4-28-2017 Friday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (8 Hours) Operator. Jose Molina Total Time: 8 Hours Lic. ATERwnRKS fECHMQCOGP. fNl `�-��� 24t5 S. WESTBORO AVE ALHAMBRA. CA 91803 Phone # 877-277-4677 8tll To City of Lynwood Atten. Accounts Payable 11330 Bullis Road `Lynwood, CA 90262 Quantity Description —Services for Apr 10, 2017 thru Apr 16, 2017" T CIP 40 CIP Consultant ( Jose Molina) 2 : CIP Consultant ( Cornell Gillenwater) 18 Water Treatment/Distribution System ( Bret Kadel) Invoice Date _ j invoice # ._ .. 5/30/2017 6153 Due Date j 6/14/2017 P.O. No. 1 Terms l Project i Net 15 CIP Rate i Amount 94.68i 3,787.20 94.68 ' 189.36 94.68 ; 1,704-24 i i' Total $5,680.80 Payments/Credits $0.00 WVHW.WATERWORKSTECHNOLOGY COM Balance Due $5,680.80. If you have any questions or concerns regarding this invoice, please contact Jeanie CCS 877-277-4677. WATE wn A, --�; -RYQR.K5 --' lo 8 S 3 2 7 C, W AT E ��R KS 24 .. . . .. ..... Operator Jose Molina i Total Time. 8 Hours Lie. i uc: #: DATE: 4-12-2017 Wednesday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (1 Hour) Siting of -Emer-g-e- nc-y Generators & Site Improvements Project 1- Hours)- -. Operator. Jose Molina Total Time. 8 Hours Lic. #: 0 WATERWOK DATE: 4-13-2017 i Thursday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (1 Hour) Siting of Emergency Generators & Site Improvements Project (7 Hours) Operator. Jose Molina j Total Time. 8 Hours Lic. #: DATE: 4-14-2017 Friday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (1 Hour) Siting of Emergency - --- Generators & Site Improvements Project (7 Hours) Operator: Jose Molina Total Time: 8 Hours U'C. 2 4 S Meeting with Lynksure for generator CIP Started information/process needed forwaterstorage grant D-5 / T-5 Waterworks Contractor: Bret Kadel Time: 6hrs Vr &IkN I -" i ME ln DATER -13-2017 Operations meeting Bac-t sample training and system overview Reviewed bac-t sampling sites in system to recommend any changes Meeting with Raul regarding sample locations Established initial costs for replacing sample cabinets Green memo to city regarding sample station upgrades Started outline for upcoming budget D-5 T-5 Waterworks I Time. 12hrs Contractor: Bret Kadel WATERwnRKS TECHNOLOGY. 11 2415 S. WESTBORO AVE ALHAMBRA. CA 91803 Phone # 877-277-4677 Bill TO City of Lynwood Atten: Accounts Payable I 11330 Bullis Road ;Lynwood, CA 90262 Quantity Description "Services for May 08, 2017 thru May 14, 201 T" CIP 24.5 Water Treatment/Distribution System ( Bret Kadeq 4 CIP Consultant (Comell Gillenwater) 40 CIP Consultant ( Jose Molina) WWW . W ATERW ORKSTECHN OLOGY. COM Invoice 'Date i bVeice # 5/30/2017 6155 Due Date 6/14/2017 P.O. No. Terms �i Project --- Ik— i Net 15 CIP Rate Amount t If you have any questions or concerns regarding this invoice, please contact Jeanie C 877-277-4677. A S Q3 !%88-_ 7 46 WATEAQ,KS 4, DATE: 5-10-9017 L - Meeting with operations staff - Meeting with Lorry regarding CIP Meeting with Antonio @ Long Beach Blvd. regarding hydrant locations Review and sent monthly report Meeting with Lorry and Raul regarding CIP projects Met with Tesco to review SCADA project Met with Heavy Equipment Sales to discuss equipment needed for upcoming budget — -- - ----------- Metwith Mike w/S&J Supplies to go over sewer truck and operations - set up Training for staff Worked with AT&T to help reestablish comm failure to reservoir U-5 / T-5 Waterworks Contractor. '-iOhrs 110 Bret Kadel Meeting with operations staff Safety meeting - confined space refresher Set up meeting with John from Aqua Metric to replace hand held equipment for Meter reads Sent in the Emergency Notification Information to SWRCB Sent in water production report for March and April Meeting with Jose M. to discuss well 19 and sampling/discharge requirements Met with Jose from S&J Supplies for staff training on sewer cleaning and Regulatory requirements terworks Contractor Bret i Time: 9.5hys Kadel z1aS. Tlewbomwv:. e,- ~�~i.~� _-~- /LAmM;���u,���^ / � -----------------�—i ' Worked mnadditional C/Pneeded for budget submitted towards bonds � Worked on CI9maoterp|mm D-5 / T-5 Waterworks Contra ctor uw=x � Kadel ( WATEWR 2415S. ',N-stboro AvP.. A NN am, bra, CA 91803 Tel: 888-2?7-4677 DATE: 05/ 10/ 17 CIP Scheduling and Plan Review for upcoming bid Consultant: Come[ lGj I lenwatef Hours: 2 DATE: 05/11/17 CIP Scheduling and Plan Reviewfor upcoming bid Consultant: C arneli.Gif lenwa ter Hours: 1 DATE: 05/12/17 CIP Scheduling and Plan Review for upcoming bid -- - ------- Consultant Cornell Gillenwater I Hours: I I V1 AT Er+W �K c4i 'h;eW)t:;:>:v ......,;,.. irt..aow DATE: 5-8-2017 Monday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (5 Hours) Siting of Emergency Generators & Site Improvements Project (3 Hours) Operator. Jose Molina ' Total Time: 8 Hours Lic. #: — URI t: b-V-ZU1I Tuesday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (3 Hours) Siting of Emergency Generators & Site Improvements Project (4 Hours) Well No. 22 Pump House Facilities and Site Improvements (1 Hour) Operator. Jose Molina Total Time: 8 Hours Lic. #: i ONE$'n I- T',`wS P 'r .. 2' r ;_ ..+e.. � {3 •a .Z, .. •h . ?#� DATE: 5-10-2017 Wednesday Water Well No. 19 Rehabilitation Project, Project No. 4011,67.009 (4Hours) ng of Emergency Generators & Slte Improvements Project (2 Hours) Lynwood Well 11 PCE & TCF Treatment Project (1 Hours) Well No. 22 Pump House Facilities and Site Improvements (1 Hour) Operator. Jose Molina I Total Time: 8 Hours Uc. #: i �A l�R� � s. �t°:ems ii M i •�� c .a, yl . ,sr � DATE. 5-11-2017 Thursday ' Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 __-� (3 Hours) i �Siting ofEmergency Generators & Site Improvements Project (2 Hours) Lynwood Well I PCE &TCETreatment Project (2 Hours) ' � Well 0m'22 Pump House Facilities and Site Impawwemnents (1 Hour) ---''--------` ----- Operator Jose Molina Total Time: 8 Hours iDfit. 5-ff- Oii . i Friday | � r- ---- --------- -- -- — - - � - -- - —- —- ' - — Water Well No. 19Rehabilitation Project, Project Na'4011.67'009 /3 Raun� ing of Emergency Generators & Site Improvements Project (3 Hours) /Lynwmmd Well I PCE &TCETreatment Project .(I Hours) Well No. 22 Pump House Facilities and Site Improvements (I Hour) Operator Jose Molina Total Time:, 8 Hours DATEqwnRKS TECHNOLOGY. INC ;�O�— 2415 S. WESTBORO AVE ALHAMBRA, CA 91803 Phone # 877-277-46T7 Bill TO City of Lynwood Atten: Accounts Payable 11330 Bullis Road Lynwood, CA 90262 Quantity 15 6 40 2 Description Invoice Date Invoke# 513012017 - 6156 Due Date 6/14/2017 P.O.. NO. Terms Net 15 CEP Rate Amount "Services for May 01, 2017 thru May 07, 2017** CIP Water Treatment/Distribution System (Bret Kadel) Water Treatment/Distribution System (George Camberp) CIP Consultant (Jose Molina) CIP Consultant (Cornell Gillenwater] 94.68 i 4 94.68; 94.68 94.681 1,420.20 568.08 3,787.20 189.36 IN AT E_Rw Q RKS 45 VI,stburo A Aj j, - 2", 2h,7 I DATE: 5-4-2017 1 - Meeting with operations staff - Budget meeting with George and staff - Sent out for quotes to meet current budgetary requirements Worked with Sensus (meter manufacture) to establish current equipment needed for new and current meter reading applications Meeting with Lorry and Raul regarding CIP projects Worked with staff on sewer operations (set up training with representative from S and J to go over cleaning operations and equipment) 10-5 T-;5 Waterworks Contractor. Time: Johrs Bret Kadel - Worked on information outline for C(P master plan - Worked on information needed for choosing b . etween "A" and "B" SCADA proposal D-5 / T-5 Waterworks Contractor. Bret Time: Shrs Kadel e�J dl! 1. t' W {�P CA J1303 r, Jt88 1 -'�n— fY1MlGi� � �• DATE: 05/ Gl/ 17' Duthie Power CO. - setting payment for pre -planned inspection by Duthie's Technician which will help them generate a right quote to Perform the startup inspection at the Public Works Operator: George Cambero Housr2hm I i t ' Thorton Duthie Power CO. Onsite to performed Generator Inspection Technician Arrived. Peter Talked to Raul G. Regarding what their plan is and request for the City to _reconsiderpa_ying_the retainer with a promise to comeback to do the start up Peter Vainoiis from Caterpillar - offered to the same as Duthie Power CO.- with the difference that Cat generator 5 -year warranty will be expire 7/10/17 All the work will have be done by a caterpillar technician f Operator. 6eorgaCambero -- �-- � Hows2hrs. DATE 05/03/17 J Talked to Jose Molina RE: Well 19 Construction Status plus all other Discussed the Landscape Phase 1 and 2. Replied to Kuns Cheng Operator. George Cambero Hourr2hm WhAT 35 wesmooA^o,u"n=vm1onz re': +67� Water Well No. 19 Rehabilitation Project, Project No. 4011.07.009 (8 Hours) � r--- --�------ ------�---'------'----- ----'-------�--' --- -- ' F--' --�------ -- --- -- ---- --- -- --- ---- - ----' -- ` / � / DATE: 5'3'2017 ( / �NVadnemdmy_______________� ' / Water Well No. 19 Rehabilitation Project, c �ro�mc�Nm'4Q21'G7.��� (�0me) _~ ' Siting of Emergency Generators & Site Improvements Project (2 Hours) / Lynwood Well 1l PCE &TCETreatment Project (1.5 Hours) ' - WellNu'22 9umpHouse Faoi|lUesand Site Improvements (1'G_Rmu� _ _ (1.5 -Hours) .......... W8[7 Ave. Amasu,Znz rriS88 ;7r'4 6`r ( DATE: 5 -*-2017 | 'Thursday WaterWell No. 9 Rehabilitation Project, ProjectNo.4011'G7'W09 (8 Hours) ' ___ | /-Operator Jose Molina Total rime: 8 Hours - - -- — - ' -- - -- -- -- '-- -----'----�i -------- ---` - - - - ` DATE: 5-5-2027 \Prida/ ! ! _ Water Well No. 10Rehabilitation Project, Project Nm'4011'GJ'009 (6 Hours) - �fingmfEmergency Generators @' Site Improvements Project (I Hour) � Well No. 22 Pump House B�|��and Site Improvements (I�� � _- ' '- --- - -- -'- --- ---- - - �Wwr�����nm�muwm Twx�xmnwc mHmm� ` ' } Lic.� DATE: 05/04/ 17 Update with waterworms staff on budget for Lynwood Consultant Cornell Hours: 2 � � Operatortonsultant: Cornell »vwm | DATE. 05/12/17 / |Consultant Connell Hours: ---''------- --- ---' / %AN V V E R-!..W�n R TEC4? C 2415 S- WESTBORO AVE ALHAMBRA, CA 91803 Phone # 677-277-4677 Bill TO City of Lynwood Atten: Accounts Payable 11330 Bullis Road i. Lynwood, CA 90262 Quantity Description 'Services for 04117/17 to 04/23/17"" Invoice Date bivolce # 5/3012017 6161 Due Date 6/14/20177 P.O. No. Terms 4 Project -4 Net 15 -CIP Rate j Amount CIP 4 !CIP Consultant ( Cornell Gillenwater} 94.68! 378.72 20 Water Treatment/Distribution System Bret KadeD 94.68 1,893.60 40 CIP Consultant (Jose Molina) 94.68 3,787.20 2 Water Treatment/Distribution System (George Cambero) 94.681 189.36 If you have any questions or concerns regarding this Invoice, please contact Jeanie @ 877-277-4677. WATC-RIQR Ave ..K '2al's s 1!�es-)-,�,,) 1 DATE: 4-20-2017 Meeting with operations staff Review of all trucks in department to prepare upcoming budget Phone meetingwith generator contractor to prepare bid for maintenance and Start-up Resubmitted water quality compliance report to state Establish timeline and completion date for CCR going out to public Worked an 2017-2018 budget submittal D-5 / T-5 Waterworks Contractor. Time- 12his Bret Kadel DATE: 4-22-2017 Worked on 2017-2018 budget submittal Meeting with Waterworks staff finalizing budget Put together job submittal for new bacteriological sampling stations 7 D-5/ T-5 Waterworks Contractor. Bret rime:Shm Kadel k,*m ft -g -a-05- -110, � 01- WATERWnRKS GA 9 T_pl: DATE: 4-17-201-7 Monday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (1 Hour) Siting of Emergency Generators & Site improvements Project (714ours) Operator lose Molina Total Time: 8 Hours Lic. #: DATE: -4-18-2017 Tuesday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (1 Hour) Siting of Emergency Generators Improvements , _'Project (7 Hou . rs) Operator. Jose Molina Total Time: 8 Hours tic. #: Water Well No. 19 Rehabilitation Project, Project No. 4011,67.009 (1 Hour) Siting of Emergency Generators & Site Improvements Project (7 Hours) Operator. Jose Molina Total Time: $Hours tic. #: WATER.Q.R 03 Tt-:888-1�7-46-" ..K i f 24 15 S W As Morn, Ave. A! 61;�mnrii. f� A. 9 8 1 DATE: 4-20-2017 Thursday i Lynwood Well 11 PCE & TCE Treatment Project lHour) Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (lHour ) Siting of Emergency Generators & Site Improvements Project (6 Hours) Operator. Jose.Molina Total Time: 8 Hours Lic. DATE: H-2017 Friday ---- --- -------- Lynwood Weil it PCE & TCE Treatment Project 2 Hours Water Welt No. 19 Rehabilitation Project, Project No. 4011.67.009 (1 Hour) Well No. 22 Pump House Facilities and Site Improvements (lHour) Siting of Emergency Generators & Site Improvements Project (4 Hours) Operator. Jose Molina 1 Total Time: &Hours Lip. #; WATEjR#..Q,R. �K, 2415 _5 *Wes'.1 -,>A vs. A! C,. . a. CA 803 Ter 888-2 7- -s 77 DATE: 04/17/17 Continue to work with Jose Molina on CIP projects Operator. George-Cambera, Hou rm2br- j Stand by: L DATE: ...... .... Operator. George Cambera H,.. u St .. d 6y: Operator. George Combera Operator. George Carnbem Hours Stand by. DATE: Operator. George Cambero I Standby. DATE: Operator George Cambera Standbyr ` yV �uss.we��:��=�.*!^a-v�.oA s/3oa n�-�xxrr.m- - __________________________ SCADA Cloud and generator install conference with engineering / _..... .... ______- Consultant, Cornell ----'----------'--i ___ -_'---_-__----� ' ! � � --- -- — ---- ----------'----- ------------' ------ -- DATE: 04-22-17 WATE wnRKS TECHNOLOGY. >00p- 2415 NC — 2415 S. WESTBORO AVE ALHAMBRA, CA 91803 Phone # 877-2774677 City of Lynwood Atten: Accounts Payable 11330 Bullis Road Lynwood, CA 90262 Quantity i r 40 i 8 6 ' 4 Invoice Bse fnvmce #""1 , 5/29/2017 j 6126 Due Date 6/13/2017 Net 15 CIP Description Rate i Amount "'Services for Mar 20, 2017 thru Mar 26, 2017•' CIP Water Treatment/Distribution Operator (Jose Molina) Water Treatment/Distribution Operator ( Cornell Gillenwater) Water Treatment/Distribution Operator ( Bret Kadel) Water Treatment/Distribution Operator ( George Cambero) WWW .WAT7-RW ORKSTECKNOLOGY.COM i 94.68: 3,787.20 j 94.681 757.44 94.681 566.08 94.681 t 378.72 I Total ' Payments/Credits j Balance Due If you have any questions or concerns regarding this invoice, please contact Jeanie @ 877-277-4677. $5,491.44 $0.00 I $5,491.44 WATE �QRKS 2415 S. Westboro Ave., A!?iambra, CA 91803 Tel: 883-277-4677 Water Well -No. 19 Rehabilitation Project, Project No. 4011.67.009(4 Hours) Reviewed Well 19 older files and video reports Siting of Emergency Generators & Site Improvements Project (4 Hours) Reviewed plans and specs for constructability 1- M fina 7 H6 ta(T a. urs: Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009(1 Hour) rFt:pdrUU PrOJMM MPURS Siting of Emergency Generators & Site Improvements Project (7 Hours) Reviewed plans and specs for constructability Operator lose -Mol.i.pa', -Tota'F,-VmeO'Rours DATE-'. 141-2011' Wedhes-fty Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (3 Hours) Reviewed Well 19 older files and reports Siting of Emergency Generitors & Site Improvements Project (5 Hours) Reviewed plans and specs for constructability Operatpir Jose M61ina Total Time: 8 Hours WATERwnRK 2115 S- Westboro Ave.. Alhambra. CA 91.803 Tei: 888 -27? -467:7 DATE 4312V f ff . CIP Plan Review for Generator. deciding to separate project and only complete in phases. operator._:Gorna Gslienwater . ' HoUM3hrs. i Review wireless network plan as possible alternative hardline. and radio installation On site to troubleshoot leak at Ham Park, into storm water drain. 1 operemc;Cornell Gillenwater Houm.:2 hrs. ' WATER I RK 2415 S. Vlestboro Ave. Alhambea. CA 91803 Tei: 888 -2?; -4677 DATEti' 3 23 1 Thursday :�" - Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (2 Hour )' - Prepared project reports --------------- --- --._.— — -------•--.......---—(2H--- -- - -_ Lynwood Well No. 11 PCE & TCE Treatment Project ours) Reviewed plans and specs for constructability Well No. 22 Pump House Facilities and Site Improvements Project (4 Hours) Reviewed plans and specs for constructability DATE: 3-24-20-T. Fnday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (3 Hours) Prepared project reports Lynwood Well No. 11 PCE & TCE Treatment Project (2 Hours) Reviewed plans and specs for constructability Well No. 22 Pump House Facilities and Site Improvements Project(3 Hours) Reviewed plans and specs for constructability Operator Jose Molir id -'T al Gime: 8 Hours...—i— tJc #: 4 VVAiE WJ 2435 S. Westboro Ave., Alhambra, CA 91,803 Tel: 888-277-4677 Meeting with George and Cornell regarding CIP preparation r - CIP meeting with Lorry and Raul to prepare bid for city counsel Worked on gathering engineering estimates for upcoming CIP projects -�-wateYworks WATER+�K�S 2415 S. Westboro Ave.. Alfi.afnbea. CA 91803 Tei: 888-277-4677 tft�1. VC` Dat Various meetings with Lorry Hemp & Raul Godinez, discussing current issues and future plans �peraYor George Cambero, a.n� SATE wnRKS TECHNOLOGY. INC -- 2415 S. WESTBORO AVE ALHAMBRA, CA 91803 Phone # 877-277-4677 1... BiltTo: City of Lynwood Atten: Accounts Payable j 11330 Bullis Road j ;Lynwood, CA 90262 Invoice Date �' �kfYOice,#. 5/29/2017 _6158 Due Date 6/13/2017 Ey t?.tha Tertns Net 15 I CIP Quantity Description Rate Amount "Services for Mar 27, 2017 thru April 02, 2017"" 2 40 8 CIP Water Treatment/Distribution Operator ( Bret Kade) , Water Treatment/Distribution Operator ( Jose Molina) Water Treatment/Distribution Operator ( Cornell Gilienwaterl) WWW . WATERWORKSTECHNOLOGY.COki 94.638' 189.28 94.68!' 3,787.20 94.681 757.44 I To�j $4,733.92 I Payments/Credits $0.00 Balance Due $4,733.92 If you have any questions or concerns regarding this invoice, please contact Jeanie @ 877-277-4677. WATEW� 24.15 S. West;cro Acre. Alhambra, Cts 91803 868-277-467' Meeting with Paul from IT regarding GIS implementation D 5 %T 5 Wate,tvro[ks Cb>ntraci>or' � Time: 2 hrs.. _ Sreta�ader WATERYWQR.JK 2415 S.VVestbom Aie.. Alhambra. CA 9180:3 'ef: 888-277-46 77 Monday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009(0.5 Hour) Prepared daily report Well No. 22 Pump House Facilities and Site Improvements Project(4 Hours) - Reviewed plans and specs for constructability Siting of Emergency Generators & Site Improvements Project (3.5 Hours) - Reviewed plans and specs for constructability Operator Jose Molina TotaCTme 8 Hours DATE 3=2&2017: T! uesday_ Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009(0.5Hour) Prepared daily report Well No. 22 Pump House Facilities and Site Improvements Project(4.5 Hours) - - Reviewed plans and specs for constructability Siting of Emergency Generators & Site Improvements Project (3 Hours) Reviewed plans and specs for constructability Operator W MWina Total Tme; 8 Hours '- Uc. # Water Well No. 19 Rehabilitation Project, Project No. 40 11.67.009 (0.5 Hour) Prepared daily report ----------- Well ----- ---Well No. 22 Pump House Facilities and Site Improvements Project(5.5 Hours) Reviewed plans and specs for constructability Siting of Emergency Generators & Site Improvements Project (2 Hours) - Reviewed plans and specs for constructability Operator. Jose Molina Total Time: & Hours UQ #: WATEt.Q.RJK 2415 S. Westboro Ave.. Alhambra. CA 91863 Tef: 388.277-4677 ."",5� ' ,DATE- 3 3E>=28'17 - --�? --- - - .—______ ----- - --- -- .---- — -- --: i Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (0.5 Hour) Prepared daily report Well No. 22 Pump House Facilities and Site Improvements Project (5 Hours) - Reviewed plans and specs for constructability — Siting of Emergency Generator's &Site Improvements Project (2.5 Hours) - Reviewed plans and specs for constructability Operator Jose 151lotiria Total rWe 8 Hours--. We '# DATE 3-731-2017 T Fri ------------- day i Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (0.5 Hour) Prepared daily report Well No. 22 Pump House Facilities and Site Improvements Project(4 Hours) Reviewed plans and specs for constructability Siting of Emergency Generators& Site Improvements Project (3.5 Hours) Reviewed plans and specs for constructability j Operator Jose Molina [TotOUTIM6. 8:Houts--- � IfJ T EtjVQR 2415 S.. Westboro Ave.. Alhambra. CA 91803 Tei: 333-277-467? Troubleshooting.cross connection issue at Elam Park ?2 operator Chi-oeii Galjeiii rater, xew� 2 hrs.. Kevlew of plans and meeting with SCADA engineering company. WRtA to help troubleshoot concerns with SCADA design. operaturCorneii Gillenwater H®nrs 2 hrs. operator. HOUM { 4Pacator.. DATE: Hours Operator, ! HOUM i I WATERwnRK rm"110186y. IN AL§ ;;000- 2415 S. Wsn aonoAVE ALHAMBRA, CA 91803 Phone# 877-277-4677 City ofLynwood Atbyn: Accounts Payable 1133OBullis Road Lynwood, CA 90262 Qwwtity 40 34 o Invoice 5/29/2017 6159 Due Date 6/13/2017 Net 15 CEP Description "Services for Apr 03,2U17thruApr 0S.2O17~ C1P Water Operator (Jose Molina) Water Treatment/Distribution Operator (Bret KadeV94.68 94.60 94-68 Total Balance Due b'you have any questions «cconcerns regarding this invoice, please contact Jeanie @877-277'4f77. �787.20 8,21012 WATEtAn.,RK2415 S. 'Nestbaro Ave.. Alhambra. "A 91303 Tei: 888-277 467' i` Monday Water Well No. 19 Rehabilitation Project, Project No. il) I L 67.009(l Hour) Well No. 22 Pump House Facilities and Site Improvements Project(4 Hours) Siting of Emergency Generators & Site Improvements Project (31-Iours) Operator Jose IWolrna r T-6%a1'T-ime6 SMouts DATE --,4=4: 2017 . 1 Tuesday Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009(1 Hour) Well No. 22 Pump House Facilities and Site Improvements Project(3Hours) Siting ofEmergencyGenerators & Site Improvements Project (4 Hours) Operator Jose Moll", P "" -q... AHOUFS. Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (1 Hour) Well No. 22 Pump House Facilities and Site improvements Project (5 Hours) Siting of Emergency Generators & Site Improvements Project (2 Hours) Operator. Jose Molina r Total Time. 8 Hours Uc. #- W A T EJR A DR KS 2415 S. Westboro Ave. Alhambra. CA 91803 Tel: 888-27'-4677 Thursday. Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (1 Hour) Well No. 22 Pump House Facilities and Site Improvements Project (4 Hours) Siting of Emergency Generators & Site Improvements Project (3 Hours) i:.Operator lose 4MpUpq:. Tota I Mme: SHours DATk'-:.44-2G1-7 Friday - Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 (1 Hour) Well No. 22 Pump House Facilities and Site Improvements Project (5 Hours) -Siting of Emergency Generators &Site Im'-,provements; Project (2 Hours) 00erator Jose -,Molina Total-Tilme.: &HOuls WATERAQ,RJK 2415 S. Westboro Ave-, Aili am bra, "A 91803 Tel: 883-277-4677 Y ftuo tmcto ie Exto n M_ 7 -7 J7 Meeting with operations staff Meeting with contractor@ Clark and Wright St. to determine abandoned line Reviewed and prioritized current leaks in the city Reviewed State St. job to determine abandoned lines Meeting with Sal regarding timesheets and completing drinking fountains at Hemp Gathered information for project timeline for well 19 Meeting with operations staff Weekly safety meeting Review and sent in monthly report Worked with Long Beach Blvd. contractor concerning meter boxes Continued work on warehouse and reorganized operations room Fire flow testing on Alameda project Contractor ;.Bret; Tyme: 10hrs J Kad4 6ATE_; 4-9'."2011 CIP meeting to organize timeline for current contracts Organized information to submit to Raul/Lorry Dw5 T-5 Woterwqiii,Conoii,qtor. Bret Time-5his Kadel. WATE�5 2415 S. Westboro Ave.. AMarnbra. CA 91803 lei: 888-277-4f 77 DATE04/o`"i7 E Review Generator Plans and meeting with project engineer to modify or maintain plans "as is" j 7petator Cori7ell Gelfenwatei Meeting with Project Engineer and Electrician to revisit prior meeting issues regarding communication equipment which may be eliminated from generator scope prior to bid. 4'eratorcornell6llenwater...-._--- i Review of SCADA plans with Engineer, to consider status of completed engineering project prior to bid. Operator. CoFn2li Grkkenwater ,- HowsZllrs Operator. } Homs WATER.RKS TECHNUDGY. �NC 2415 S. WESTBORO AVE ALHAMBRA, CA 91803 Phone # 877-27711677 City of Lynwood i Atten: Accounts Payable t 11330 Bullis Road Lynwood, CA 90262 Quantity 32 40 1 Description **Services for Mar 13, 2017 thru Mar 19, 2017** Invoice Date * yoiice # 5/29/2017 ` 6152 Due Date 6/13/2017 P.0. W4 lett& `. RiEf�6Gt I Net 15 CTP I Rate i Amount i CIP Water Treatment/Distribution Operator ( Cornell Gillenwater) Water Treatment/Distribution Operator ( Jose Molina) Water Treatment/Distribution Operator ( Bret Kadel) 94.68 94.68 94.68 Total ' Payments/Credits WWW.WATERWORKS'rECHNOLOGY.COM i I Balance Due If you have any questions or concerns regarding this invoice, please contact Jeanie @ 877-277-4677. 3,029.76 3,787:20 94.68 r $6,911.64 $0.00 $6,911.64 WATERW�RK 2415 S. Westboro Ave.. Alhambra, CA 91893 Tel: 888-277-4677 aMM DATE: W 1; # Working with Lynwood contractors for Ham Park -To confirm cross connection issues prior to state inspection. Operator Co"sneitfble�nwat'er ;� Houx+lhrs..' 'i ` Working on- Back Flow Devise and Cross Connection Plant at Ham Par. Supervising Staff operator Carvell Gijlenwater H�� &;h T Crew on site to install domestic water line at Ham Park. Supervised project. I. opeiator Cornell Gillenwater. xourx8 hrs. Supervising sampling of system & disinfection of water lines Operator -Cornell Gillenwater im.6 hrs. Post disinfection plant created -performed operator Cornell Gillenwater f tto� viz4 hrs. DATE: 03/19/17 Final sample pulled, onsite to view. operator-:Cornelt Gillenwater Hours: 2 hrs. k WATgRAW 241.5 S. CA 91803 Tel, 888-277-4,377; Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 ( I Houi) Prepared oroiect reoort Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 ( 3 Hour) Reviewed contractor's proposal and prepared contract change order No. 1 Lynwood Well No. 11 PCE & TCE Treatment Project (5Hours ) Reviewed plans and specs for constructability and generated list of comments to be addressed by WRD's consultant, KEH & Associates. Operat6r1110 :-1-k DAOL,`na_ otaT11 'S.Houm 0,ot Water Well No. 19 Rehabilitation Project, Project No. 4011.61.009 ( I Hour) Prepared project report L Lynwood Well No. 11 PCE & TCE Treatment Project (7 Hours) Reviewed plans and specs for constructability and generated list of comments to be addressed by WRD's consultant, KEH & Associates Operator- Totaf Prow. S.HoRrs W A T E BA ARKS -2415 S. WesMoro Ave.. AM a in bra. CA 91803 Tel: 888-2-:,7-46--, 11 >1— Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 1 Hour) .......... Prepared project report -------._..--------i i Lynwood -------Lynwood Well No. 11 PCE &TCE Treatment Project (7 Hours) Reviewed plans and specs for constructability and generated list of comments to be addressed by WRD's consultant, KEH & Associates Operator , -7 [jA-T,,*E- -3-17--20.17 Water Well No. 19 Rehabilitation Project, Project No. 4011.67.009 1 Hour) - Prepared project report Lynwood Well No. 11 PCE & TCE Treatment Project ( 7 Hours) - Reviewed plans and specs for constructability and generated list of comments to be addressed by WRD's consultant, KEH & Associates WBT reOMM5.1— KJ 2*zsS�woomvmxv°_wonmua.CA Sz8o3 r:��O88'277'4V7r - Meeting with Jose M. on CIP projects WATER -AD -U -111M Ch TECHNOLOGY. INC �— Back up -Well 19 Invoice 05/15/17-05-21/17 6163 Bret 2.0 hrs. Started gathering and transferring data from Well 19 for online application to be used Jose 32.0 hrs. Water Well No. 19 Rehabilitation Project No. 4011.67.009 34.0 6160 Bret 05/22/17-05/ZB/17 3.5 hrs Continued transferring data to online application and started to intergrate into CIP masterplan Jose 35.0 hrs. Water Well No. 19 Rehabilitation Project No. 4011.67.009 3B.5 6174 Bret 05/29/17-06/04-17 0.0 hrs. Jose 22.0 hrs. Water Well No. 19 Rehabilitation Project No. 4011.67.009 22.0 6174 Bret 06/05/17-06/11-17 1.0 hrs. Meeting with Larry and Raul regarding all CIP projects- Update to overall CIP projects through Waterworks Jose 0.0 hrs. 1.0 617B Bret 06/12/17-06/18/17 2.0 hrs. Green memo for Well 19 developed and sent out to counsil -Update to overall CIP projects through Waterworks Jose 0.0 hrs. - 6178 Bret 06/19/17-06/25/17 2.5 hrs. Reviewed new agreement established for Well 19 - Update to overall CIP projects through Waterworks Jose 0.0 hrs. 2.5 6194 Bret 06/26/17-07-02-17 2.0 hrs. Worked on putting together the information needed from the change order from Weber -also reviewed and commmented Jose 0.0 hrs. on the last invoice from Weber as well 2.0 AGENDA STAFF REPORT DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manager PREPARED BY: Mark Flores, Director of Recreation & Community Service SUBJECT: California Consulting, LLC Agreement Recommendation: Staff recommends that the City Council approve the attached resolution entitled; "A* RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CALIFORNIA CONSULTING, LLC TO PROVIDE GRANT WRITING SERVICES TO THE CITY THROUGH JUNE 30, 2018 FOR AN ESTIMATED ANNUAL COST OF $36,000." Background: On July 19, 2016 the Lynwood City Council approved a contract agreement (Resolution #2016.153) with California Consulting, LLC for grant writing services. The term of the agreement was from July 1, 2016 through June 30, 2017. The City wishes to consider renewing the services of California Consulting, LLC. Discussion & Analysis: With the assistance of California Consulting, LLC, the City of Lynwood has been awarded a total of $2,260,287.50 in competitive grant funding for FYs 15/16 and 16/17. Attached to this staff report is a listing of grants developed and grants awarded for the last contract term. Highlights of the new proposed agreement include: A. Term (Section #3): July 1, 2017 to June 30, 2018 B. Compensation (Section #4): $3,000 per month C. Termination (Section #15): Any reason, with 30 -day written notice. AGENDA 1TEM 221 City staff meets with members of the California Consulting team monthly to work on grants in progress and to plan for upcoming grant opportunities based on City priorities and needs. California Consulting has demonstrated to be a knowledgeable and reliable service provider that has consistently delivered substantial value in awarded grants to the City. Staff respectfully recommends that the City Council review and consider renewing its grant writing services agreement with California Consulting, LLC through adoption of the accompanying resolution. Fiscal Impact: Under the one year contract period, California Consulting, LLC will be paid a total of $36,000 ($3,000 per month) for its services. The contract will cover the period from July 1, 2017 through June 30, 2018. Funding for the grant writing services is spread across the various City departments that use and benefit from the services: • 1011.40.215.62015 $7,200 • 1011.45.405.62015 $3,600 • 1011.51.505.62015 $7,200 • 1011.51.815.62015 $7,200 • 1011.60.701.62015 $7,200 • 6051.45.450.62015 $3,600 Coordinated With: Finance Department City Attorney Attachments • Proposed Agreement for FY 17/18 • List of Developed & Awarded Grants for last contract term RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CALIFORNIA CONSULTING, LLC TO PROVIDE GRANT WRITING SERVICES TO THE CITY THROUGH JUNE 30, 2018 FOR AN ESTIMATED ANNUAL COST OF $36,000 WHEREAS, since its initial term began in February 2012, California Consulting, LLC has successfully provided key grant writing services to the City; and WHEREAS, on July 19, 2016 the City Council approved Resolution 2016.153 awarding a contract agreement to California Consulting, LLC to provide grant writing services; and WHEREAS, said contract agreement expired on June 30, 2017; and WHEREAS, the City Council desires to renew an agreement with California Consulting, LLC for a one (1) year period from July 1, 2017 through June 30, 2018; and NOW, THEREFORE, The City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: SECTION 1. The Mayor is hereby authorized to execute, on behalf of the City of Lynwood, an Agreement with California Consulting, LLC for the purpose of providing grant writing services for the City of Lynwood, approved as to form by the City Attorney. SECTION 2 Funding for the Agreement shall be divided between the following accounts: • 1011.40.215.62015 $7,200 • 1011.45.405.62015 $3,600 • 1011.51.505.62015 $7,200 • 1011.51.815.62015 $7,200 • 1011.60.701.62015 $7,200 • 6051.45.450.62015 $3,600 SECTION 3. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 31 st day of July 2017. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney Maria Teresa Santillan - Beas, Mayor Alma K. Martinez, City Manager APPROVED AS TO CONTENT: Mark Flores, Director Recreation & Community Services STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held at City Hall on the 31St day of July 2017, and passed by the following votes: AYES: NOES: ABSENT: ABSTAIN: Maria Quinonez, City Clerk STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated Dated this 31 st day of July 2017 Maria Quinonez, City Clerk 40 f�4414 Grants Prepared Last Contract Period: City of Lynwood Pre- Disaster Flood Mitigation Assistance FEMA, $51,562.00 Rivers and Mountains Conservancy, San Gabriel and Lower Los Angeles RMC, $1,692,575 People for Bikes Community Grant, $4,500 Housing Related Parks Program (HRPP)CA Office of Housing & Com. Dev. $746,475 Caltrans: Highway Safety Improvement Program (HSIP), $347,600 US Soccer Program Grant, Innovative Projects, $60,000 est. Youth Soccer Recreation and Development Program, Department of Parks & Rec (OGALS), $1,000,000 Enhanced Mobility of Seniors & Individuals with Disabilities, Metro Federal Section 5310 Program, $313,000 Urban Greening Program, California Natural Resources Agency, $2,853,000 Grants Prepared and Awarded Last Contract Period: Rivers and Mountains Conservancy, San Gabriel and Lower Los Angeles RMC, $1,692,575 Grand Total Value of Grants Awarded Entire Period (Fiscal Years 2015-2016) $ 2,260,287.50 (e.g. CAL Office of Emergency Services, Pre -Disaster & Flood Mitigation Assistance Program, Project: Update to /Natural Hazan' Mitigation Plan, Awarded April 2016, $51,562.50; munity Development, Housing -Related Parks Program, Project: Ly GRANT WRITING SERVICES AGREEMENT DATED: July 1, 2017 PARTIES: California Consulting, LLC, A California Limited Liability Company (hereinafter the "Consultant"); and City of Lynwood (hereinafter the "Client") AGREEMENT: The undersigned hereby agree to the following terms and conditions: Section 1. Duties of Consultant: During the term of this Agreement, Consultant shall provide the Client as follows: a. Unlimited grant research, targeted grant research on projects specifically identified by the client, identification of funding opportunities, and grant writing at direction of Client; b. Offering Client general advice on matters involving funding mechanisms, grants research, identification, and writing; and c. Perform post -grant award administration on the grants which are awarded to the Client, including the filing of required documents by the proscribed deadlines set by the awarding entity. Section 2. Time for Performance of Duties: Notwithstanding any other term or condition of this Agreement, Client specifically acknowledges that Consultant has other clients and/or outside employment. Consultant shall have control over the time and manner of performing its duties described in Section 1, and shall make available such time as it, in its sole discretion, shall deem appropriate for the performance of its duties under this Agreement. Section 3. Term of the Agreement: The effective date of this Agreement is July 1, 2017, and shall continue until June 30, 2018 at which time both parties will discuss potential new contract terms. Section 4. Compensation: Client shall pay Consultant $3,000 per month as compensation for Consultant's state and local government affairs consulting services. Consultant will provide Client with a written invoice. Client agrees to pay invoice within 30 (thirty) days of receipt. Section 5. Expenses: The Client agrees to reimburse the Consultant for reasonable out-of-pocket expenses related to performing services on behalf of the Client. Such expenses typically might include, but are not limited to, mileage, conference calls, copies, binding costs, postage, parking, travel, and lodging expenses. Consultant shall provide Client with a receipt and a description of the expense with the invoice. Section 6. Relationship: Consultant shall perform its services hereunder as an independent contractor and not as an employee of the Client or an affiliate thereof. It is expressly understood and agreed to by the parties hereto that Consultant shall have no authority to act for, represent or bind the Client or any affiliate thereof in any manner, except as may be agreed to expressly by the Client in writing from time to time. Section 7. Confidentiality: Except in the course of the performance of its duties hereunder, each party agrees that it shall not disclose any trade secrets, know-how, or other proprietary information not in the public domain learned as a result of this Agreement. Similarly, the parties agree that they shall not disclose or divulge this Agreement, or any of its term or conditions to third parties, except as is necessary to perform the terms and conditions stated herein. Section S. Indemnification: The Client agrees to indemnify and hold harmless the Consultant, its members, officers, directors, employees and each person who controls Consultant or any of its affiliates from and against any losses, claims, damages, liabilities and expenses whatsoever (including reasonable costs of investigation or defending any action) to which they or any of them may become subject under any applicable law arising out of Consultant's performance under this Agreement and will reimburse Consultant for all expenses (including counsel fees) as they are incurred. Consultant maintains liability insurance in the amount of one million dollars. Section 9. Assignment: This Agreement shall not be assignable by either party; provided however, that Consultant shall have the discretion to allocate its duties hereunder to owners, affiliates, or employees of Consultant. Section 10. No Guaranteed Result: Client acknowledges and agrees that Consultant does not have control over third party decision makers, and therefore Consultant makes no representations, warranties or guarantees that it can achieve any particular results. Consultant, however, shall act in good faith toward the performance of its duties described above. Section 11. Prior Agreements: There are no prior agreements between the parties, and this Agreement represents the sole and only agreement between them. This Agreement may only be modified by a writing signed by both parties. Section 12. Governing Law: This Agreement shall be deemed to be a contract made under the laws of the State of California and for all purposes shall be construed in accordance with the laws of said State. Section 13. Attorney's Fees: The prevailing party in any action filed that arises out of this Agreement shall be entitled to recoup their reasonable attorney's fees and costs from the other party. Section 14. Notices: All notices will be sent via certified mail or overnight courier such as Federal Express, to: Consultant at: California Consulting, LLC 214 Main Street, Suite 102 El Segundo, CA 90245 Client at: City of Lynwood 11330 Bullis Rd Lynwood, CA 90262 -2- Section 15. Termination: This Agreement may be terminated by eit for any reason not in violation of federal and/or California State law upon thirty (30) day notice to the other party. Client shall compensate Consultant for all services rendered pr_-. date of termination. There shall be no liquidated damages in the event of termination un( provision. IN WITNESS THEREOF, this Agreement is executed on the dates se below and effective on the date first set forth above. "CONSULTANT" "CLIENT" California Consulting, LLC City of Lynwood (A California Limited Liability Company) Steven N. Samuelian, CEO Name: Title: -3- ytrFp4� a9 DATE: TO: APPROVED BY: AGENDA STAFF REPORT July 31, 2017 Honorable Mayor and Members of the City Council Alma K. Martinez, City Manage PREPARED BY: Mark Flores, Director of Recreation and Community Service SUBJECT: Consideration of a Resolution Approving a Proposed Design for a Decorative City Monument Sign and Issuance of Plans, Specifications and Engineering Documents for Bidding Purposes Recommendation: Staff respectfully requests that the City Council consider approving the Plans, Specifications and Engineering documents (PS&E) for a proposed decorative City monument sign to be located at four separate locations throughout the City and authorize staff to issue the PS&E for design and build bidding through adoption of the accompanying resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AUTHORIZING THE MAYOR TO APPROVE THE DESIGN FOR A DECORATIVE CITY MONUMENT SIGN AND DIRECT STAFF TO ISSUE THE PLANS, SPECIFICATIONS AND ENGINEERING DOCUMENTS FOR DESIGN AND BUILD BIDDING." Background: At its meeting held on May 2, 2017, the Lynwood City Council recognized winning entries for the "Welcome to Lynwood" student -based street sign design competition. The winning entries were then to be used as inspiration for professionally developed, vehicular gateway entry monument sign designs. Staff forwarded the design choices to the City's engineering consultant in an effort to incorporate those certain prominent design features from the winning student concepts into a new cohesive and unified monument gateway vehicular entrance sign that could be used in various locations throughout the City. AGENDA ITEM Discussion & Analysis: The PS&E documents prepared by Infrastructure Engineers include attached monument design, design and build specifications, bid form, bidding instructions, and construction contract for the City Council's consideration. The decorative monument sign design and specification integrates the City of Lynwood's character, and competition design concepts. The design features historic civic elements such as wrought iron floral patterns, Corinthian columns, contemporary off -set graphics, symbolic joined hands, and the City Seal in a homogeneous design concept. The monument design is based more on a vertical sign concept, as opposed to a horizontal concept. The smaller base width lends itself to better placement within existing medians, and sidewalk areas to lessen the need to make adjustments for ADA access and street lane modifications. The proposed design does not ask for any sidewalk or street changes. Depending on budget parameters, certain signage elements like the City Seal, and lettering could be LED backlit for a more dramatic effect, the cost of which is further defined by making these elements a bid option in the PS&E package. The City will have the option of evaluating the total electrical and lighting cost in the bid award phase of the project. If the additional cost is approved by the City, the contract would include the acceptance of the internal lighting component. The Council is being asked to review the proposed PS&E documents for the decorative monument signage. If accepted by City Council, the signs will be further delineated by the selected sign company, shop drawings approved, permitted, constructed and installed by the most qualified sign company. Upon authorization of the City Council, the City will issue the PS&E for bidding. Fiscal Impact: Sufficient funding for the construction and installation of the monument signage is available in the Parking & Business Improvement District (PBID), Public Art Fund (AIPP), 2017 Lease Revenue Bond and any residual amounts in Proposition "C" funding associated with Long Beach Boulevard construction. At the time of formal contract award for the construction and installation of the monument signage, staff will present a formal plan of finance. Coordinated With: Finance City Attorney Attachments: Plans Specifications & Engineering documents (PS&E). Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, AUTHORIZING THE MAYOR TO APPROVE THE DESIGN FOR A DECORATIVE CITY MONUMENT SIGN AND DIRECT STAFF TO ISSUE THE PLANS, SPECIFICATIONS AND ENGINEERING DOCUMENTS FOR DESIGN AND BUILD BIDDING WHEREAS, the City of Lynwood sponsored a student design competition for a new vehicular gateway entry monument sign; and WHEREAS, the competition produced three winning design concepts that were presented to the City Council; and WHEREAS, the City Council directed City staff to forward the three design choices to the City's engineering consultant to refine the design and to incorporate certain prominent design features into a new cohesive and unified monument gateway vehicular entrance sign that could be used in various locations throughout the City; and WHEREAS, in addition to the monument sign design, the City's engineering consultant also prepared design and build specifications, the bid form, bidding instructions and a construction contract for bid bidding purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Council authorizes the Mayor to approve the design concept for a decorative City monument sign and directs staff to issue the plans, specifications and engineering (PS&E) documents for design and build bidding. Section 2. This Resolution shall be effective immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED AND ADOPTED on this 31st day of July 2017. Maria Teresa Santillan-Bess, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney Alma K Martinez, City Manager APPROVED AS TO CONTENT: Mark Flores, Director Recreation & Community Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the day of , 2017 and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 2017. City Clerk, City of Lynwood Rev. 7/26/17 #2 City of Lynwood DECORATIVE MONUMENT SIGNAGE PROJECT PROJECT No. Public Works Department Bid date: Tuesday, XXXXXXX, 2017 @ 10:00 A.M. PREPARED BY: RAUL GODINEZ II, P.E DIRECTOR OF PUBLICWORKS/CITY ENGINEER Maria Teresa Santillan-Beas MAYOR Jose Luis Solache Salvador Alatorre Mayor Pro -Tem Council Member Aide Castro Edwin Hernandez Council Member Council Member Alma K. Martinez City Manager Raul Godinez II, P.E. Director of Public Works / City Engineer CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF THE DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. IN THE CITY OF LYNWOOD, CALIFORNIA «BidSolicitationAuthorizDate» (Date of authorization to solicit bids) Prepared By: DEPARTMENT OF PUBLIC WORKS <<SpecsPreparerDeptDiv» CITY OF LYNWOOD PROJECT TITLE: DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. CITY OF LYNWOOD PROJECT NO. XXXXXX The Special Provisions contained in these Contract Documents have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: Engineer: Title: Name of Firm or Agency: DEPARTMENT OF PUBLIC WORKS Civil Engineer C 68226 (SEAL) Approved By: Raul Godinez II, P.E. Director of Public Works / City Engineer Department of Public Works 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 2.4 1.3.1 Bid (Proposal and Workers' Compensation Certificate) 2.5 1.3.2 Bid Schedule 2.6 1.3.3 List of Subcontractors 2.7 1.3.4 Anti -Trust Claim 2.8 1.3.5 Non -Collusion Affidavit 2.9 1.3.6 Bid Bond (Bid Security Form) 2.10 1.3.7 Bidder's General Information 1.3.8 Bidder's Insurance Statement 1.4 Agreement and Bonds 1.4.1 Agreement Form 1.4.2 Performance Bond 1.4.3 Payment Bond 1.4.4 Certificates/Proof of Insurance and Endorsements PART 2 -- SPECIAL PROVISIONS Section 2.1 Terms, Definitions, Abbreviations, and Symbols 2.2 Scope and Control of Work 2.3 Changes in Work 2.4 Control of Materials 2.5 Utilities 2.6 Prosecution, Progress, and Acceptance of the Work 2.7 Responsibilities of the Contractor 2.8 Facilities for Agency Personnel 2.9 Measurement and Payment 2.10 Construction Details (Materials and Methods) PART 3 -- APPENDICES Section 3.1 APP. A — Standard Plans for Public Works Construction (SPPWC Stds.) 3.2 APP. B — Contract Change Order (CCO) Form 3.3 APP. C — Substitution Request Form 3.4 APP. D — Labor Code Sections 1771, 1775, 1777.5, 1813 and 1815 3.5 APP. E — Specifications For Monument Signage 3.5 APP. F — Monument Sign Design (Contract Drawings) 3.6 APP. G — Monument Sign Location Maps CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT PART 1 - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. CITY OF LYNWOOD PROJECT NO. XXXXX 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 **************** CITY OF LYNWOOD 1.1 NOTICE INVITING BIDS DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. PROJECT NO. XXXXX 1.1.1 NOTICE IS HEREBY GIVEN that sealed bids for the Monument Signage will be received at the City Clerk's Office of the City of Lynwood, 11330 Bullis Road, Lynwood, California 90262 until a eBidTimeAndTimeZone», on Tuesday, «BidDayAndDate», at which time they will be opened and read aloud. 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 be returned unopened. 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: The permitting, design and build of monument signage as located on the exhibits inclusive of demolition of existing improvements, installation of the monument signage, installation of "in-kind" surface improvements herin after referred to as the work ("Work'). The Work is to be completed before the expiration of ONE HUNDRED TWENTY (120) WORKING DAYS from the date specified in a written "Notice to Proceed" from the City. The breakdown of the schedule of work is further defined in Article 1.4.1 City of Lynwood Agreement, Section VII. Commencement of Work and Liquidated Damages. The Engineers Ccst Estimate is $XXXXX. To $XXXXXX. 1.1.4 AWARD OF CONTRACT: (a) The City of Lynwood shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. Whenever additive or deductive items are included in a bid, the lowest bid shall be the lowest Total Bid Price on the Base Bid without consideration of the bid prices on any additive or deductive items. The City of Lynwood reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process to the extent permitted by law. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and proof of insurance and endorsements as specified in the Contract Documents. 1.1.5 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of ten percent (10%) of the Total Bid Price, payable to the City of Lynwood. 1.1.6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess valid, unexpired C45 Electrical Sign Contractor and C10 Electrical Contractor licenses approved by the State of California Contractors State License Board at the time of submitting bids and maintained valid throughout the project duration. 1.1.7 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates and the latest revisions thereto are on file at the City Engineer's Office of the City of Lynwood located at 11330 Bullis Road, Lynwood, California 90262. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. 1.1.7a NOTICE REQUIREMENTS: 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 registered 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. 1.1.9 PRE-BID VISIT TO WORK SITE: Prospective bidders are REQUIRED to attend the pre-bid walk- through (i.e., pre-bid visit) in order to bid on this project. 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 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Lynwood, Attention: City Clerk, and shall be delivered or mailed to the City Clerk at 11330 Bullis Road, Lynwood, California 90262. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For..." followed by the title and number of the Project and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY COUNCIL, CITY OF LYNWOOD, CALIFORNIA Maria Quifionez, CITY CLERK Date: «BidSolicitationAuthorizDate>> , 2017, City of Lynwood Raul Godinez II, P.E. Director of Public Works/City Engineer Department of Public Works 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") 2012 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. Resumes 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) Not Used. (c) Not Used. (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. Contractor shall contact Dig Alert and obtain ground markings indicating the potential presence of underground utilities. In the event of a conflict or presence of utilities impacting the excavation area, Contractor shall notify the city Engineer prior to any demolition. (e) 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. (f) 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 premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 1.2.5 INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents shall be in writing and hand -delivered or mailed to the Engineer at the City of Lynwood, Public Works Dept., 11330 Bullis Road, Lynwood, California 90262. Faxes and e-mails will not be accepted. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or hand -delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 1.2.6 BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City of Lynwood and shall be given as a guarantee that the Bidder, if awarded the Contract to perform the Work will enter into an Agreement with the City in the form provided in the Contract Documents, and will furnish the necessary proof of insurance/certificates and endorsements, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 1.2.7 RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompanied. 1.2.8 BID FORM - The Bid shall be made on the Bid Schedule sheets bound herein and the pages shall not be removed from the bound volume. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid prices shall be shown in words and figures, and in the event of any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "BID FOR," followed by the title and number of the Project and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 1.2.9 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. 1.2.10 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. 1.2.11 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. 1.2.12 QUANTITIES OF WORK- (a) The quantities of work or materials stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or materials will correspond therewith. (b) In the event of an increase or decrease in the quantity of a unit price bid item, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that for unit price items, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the Standard Specifications and Special Provisions, 1.2.13 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. 1.2.14 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. 1.2.15 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. 1.2.16 LIQUIDATED DAMAGES - Provisions for Liquidated Damages, if any, shall be as set forth in the Agreement and the Special Provisions. 1.2.17 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 C of the Contract Documents shall be used to request substitutions. 1.2.18 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 report his findings to the City Council with a recommendation that the Bidder be awarded the contract for the work as the Apparent Lowest Responsible Bidder. (e) Should the Engineer determine that the Bid submitted by the Apparent Lowest Bidder is not responsive or that such Bidder is not responsible, the Engineer shall review the responsiveness and responsibility of the next Apparent Lowest Bidder. This process shall continue until an apparent Lowest Responsible Bidder is determined and the Engineer's findings and recommendations for award are reported to the City Council. If one or more Apparent Lowest Bidders are found by the Engineer to be non-responsive or non - responsible, those bidders shall be notified and given a reasonable opportunity to present additional relevant evidence bearing on their responsibility or bid responsiveness within seven (7) calendar days after the Bidder(s) receive such notice. (f) Determinations and findings of the Engineer shall be 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. 1.2.19 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 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 representing the protesting party. (c) The party filing the protest must concurrently transmit a copy of the initial protest to the Apparent Lowest Bidder. (d) The party filing the protest must have actually submitted a bid on the project. A subcontractor of a parry 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 Council shall also consider the merits of any timely protests and the Engineer's recommendation thereon. The City Council may either accept the protest and award the bid to the next Lowest Responsible Bidder, or reject the protest and award to the Lowest Responsible Bidder. (g) Nothing in this Section shall be construed as a waiver of the City Council's right to reject all bids. 1.2.20 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. 1.2.21 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. 1.2.22 WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with the laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees pursuant to the Worker's Compensation Certification executed by Bidder as part of the Bid Proposal. - END OF INSTRUCTIONS TO BIDDERS - 1.3 BID DOCUMENTS The following listed documents, identified in the lower right corner as "Bic! 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. 1.3®1 B I D (PROPOSAL AND WORKERS' COMPENSATION CERTIFICATE) BID TO: CITY OF LYNWOOD, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, 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: DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. CITY OF LYNWOOD PROJECT NO. XXXXX 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 insurancelcertificates, 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. 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(s) "A" and "B," consisting of three (3) pages; (2) List of Subcontractors; (3) Anti -Trust Claim; (4) Non -Collusion Affidavit; (5) Bid Bond (Bid security Form); (6) Bidder's General Information; and (7) 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: 2 (signature of Bidder's Authorized Representative) Title: 1.3.2 UNIT PRICE SID SCHEDULE (Pagel of 2 ) Schedule of Prices for the Construction of the: DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. CITY OF LYNWOOD PROJECT NO. XXXXXXX Item No. Unit Price Bid Item Estimated Quantity Unit Unit Price Item Amount 1 Mobilization 1 EA 2 Sign #1 - Long Beach Blvd. & Fernwood 1 EA $ $ 3 Sign #2 — Long Beach Blvd. & Wisconsin Ave. 1 EA $ $ 4 Sign #3 — Imperial Hwy. & Philadelphia Way 1 EA $ $ 5 Sign #4 — Long Beach Blvd. & Orchard 1 EA $ $ 6 Permits (paid by City of Lynwood) $ N/A $ N/A 7 Shop Drawings, Plans, Engineering & Specifications 1 EA $ $ 8 Testing & Inspections 4 EA $ $ 9 Demobilization 1 EA $ $ TOTAL AMOUINT BASE BID IN FIGURES: I $ TOTAL BID PRICE FOR UNIT PRICE BID SCHEDULE : $ (Price In Figures) In Words) Unit Price Total 4 Signs Alternate #1 Solar Power & LED Lighting The cost to add solar power and LED lighting to all (4) monument signs is $ Name of Bidder or Firm 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 Contractors 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 Contractors 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. Work to be Performed 1. 2. 5. Subcontractor Contractor's Percent License of Total Number Contract Subcontractor's Name & Address 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 City, State, Zip Title Contractor's License No. Federal I.D. No. (SEAL --if Bid is by a corporation) ATTEST Address Telephone (with area code) Date Type of License 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: 1.3.6 BI® BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and hereby held and firmly bound unto the City of Lynwood, a California (hereinafter referred to as the "City") in the as Surety, are Municipal Corporation, 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. 4011.68.017, entitled: DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. PROJECT NO. XXXXX 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. 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) Title (Legal Company Name) 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 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 or Representative in California if different from above) (Telephone Number of Surety and Agent or Representative in California) 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: I± 3. 4. 5. A 7 91 CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( ) CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications Surety Company and Agent who will provide the required Bonds on this Contract: Name of Suretv: Address: Surety Company Agent: Telephone Numbers: Agent ( ) Surety ( ) Type of Business Entity (Sole Proprietorship, Partnership, Corporation, etc.): Corporation organized under the laws of the State of: Is your business entity qualified to do business in the State of Califomia?: Date qualified. List the names, addresses and titles of the principal members/officers of your business entity: Name Title Address 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. :a C. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Owner Address Contact Class of Work Phone Contract Amount Project Date Completed 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. 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 insurance 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 City with the required insurance coverage, proof of insurance and/or endorsements within ten (10) calendar days of receipt of the Notice of Award, may result in withdrawal of award and forfeiture of the Bidder's Bid Security. Dated: Bidder: (Signature of Bidder's Authorized Representative) Title: 1.4.1 CITY OF LYNWOOD AGREEMENT DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. PROJECT NO. XXXXX 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." RECITALS 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 , 2017 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 No. awarding the contract to Contractor. 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. N. Appendices A through F 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 progress payments paid be in excess of ninety percent (90%) of the Contract Price at time of completion. Final payment to Contractor will be processed thirty-five (35) days after the City has recorded the Notice of Completion. Contractor may, upon Contractor's written request, and approved by 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 referred to hereinafter as "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Agreement, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Indemnitees. To the extent of its liability, 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 provided proof of the required insurance coverage and the endorsements specified in Subsection 2.7.2 of the Special Provisions within ten (10) calendar days of receipt of the Notice of Award. VI. INELIGIBLE SUBCONTRACTORS In accordance with the provisions of Section 6109 of the California Public Contract Code, Contractor agrees that it shall not perform any work under this Agreement with a subcontractor who is ineligible to perform work on a public works contract pursuant to Sections 1777.1 and 1777.7 of the California Labor Code. Contractor further acknowledges that any contract on a public works project entered into between a contractor and debarred subcontractor is void as a matter of law, and a debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a Contractor for work performed on this Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who have been allowed to work on the Project. VII. COMMENCEMENT OF WORK AND LIQUIDATED DAMAGES The Contractor shall commence the Work required by this Agreement within ten (10) calendar days of the date specified in the Notice to Proceed from the City, and shall complete all Work as specified in the .Contract Documents within ONE HUNDRED TWENTY (120) WORKING DAYS from the date in said Notice. The Schedule of Work shall be broken into the following time frames after the issuance of the Notice To Proceed: Design Development 7 Working Days Engineer's Review of Design Dev. Not a part of the Schedule Shop Drawing Submittal to Engineer 20 Working Days Engineer's Review of Shop Drawings Not a part of the Schedule Contractor's Permit (Upon issuance of Shop Drawing approval, Contractor to submit for plan check within 24 hours) Plan Check Not a Part of the Schedule Construction of the Signage 93 Working Days. (This includes restoration of removed improvements.) City and Contractor have discussed the provisions of. Government Code Section 53069.85 and the damages that may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and Contractor hereby represent that at the time of signing this Agreement, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within the number of working days allowed. Accordingly, City and Contractor agree that the sum of $500.00 per calendar day is a reasonable sum to assess as Liquidated Damages to City by reason of the failure of Contractor to complete the Work within the time specified. VIII. CERTIFICATION UNDER LABOR CODE SECTION 1861 By signing this Agreement, Contractor makes the following certification required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of any Work under this Agreement." IX. APPRENTICES The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations. X. SUBSTITUTION OF SUBCONTRACTORS The Contractor hereby agrees to reimburse the City for costs incurred by the City in the substitution of subcontractors. Where a hearing is held pursuant to the provisions of Section 4100 et seq. of the Public Contract Code by the City or a duly appointed hearing officer, the Clerk of the City of Lynwood shall prepare and certify a statement of all costs incurred by the City for investigation and conduct of the hearing, including the costs of any hearing officer and shorthand reporter appointed. The statement shall then be sent to the Contractor, who shall reimburse the City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owning to the Contractor prior to the City's acceptance of the Project. XI. LICENSES Contractor acknowledges and shall maintain all appropriate contractor's licenses to perform the intended work. The Contractor or its subcontractor shall possess valid, unexpired C45 Electrical Sign Contractor and C10 Electrical Contractor licenses approved by the State of California Contractors State License Board at the time of submitting bids and maintained valid throughout the project duration. 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. X111. EMPLOYMENT DISCRIMINATION PROHIBITED Pursuant to California Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, political affiliation or sexual orientation in the performance of Work under this Agreement. The Contractor will take affirmative action to ensure that employees are treated during employment or training without regard to their of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, political affiliation or sexual orientation. XIII. PREVAILING WAGES The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since the work covered by this Agreement involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws as set forth in the foregoing statutes and in the Special Provisions of the Contract Documents. XIV. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of Contractor warrants and represents he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, or business entity and warrants and represents that he/she/they has/have the authority to bind Contractor to the performance of its obligations hereunder. XV.'ASSIGNMENT; GOVERNING LAW This Agreement may not be assigned by Contractor, in whole or in part, without the prior written consent of the City. This Agreement and any dispute arising hereunder shall be governed by the law of the state of California. XVI. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Contractor's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth below, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section. City City of Lynwood Attn: City Engineer 11330 Bullis Road Contractor Attn: 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 attorneys 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 Parties hereto has caused the Agreement to be executed in its name on its behalf by a duly authorized officer as of this day and year first above written. CITY OF LYNWOOD 0 Jose Luis Solache Mayor Attest: Maria Quinonez CONTRACTOR LEGAL NAME OF FIRM By: Signature of Chairman of Board, President, or Vice President (Typed/Printed Name) (Title) City Clerk Approved as to Form: David A. Garcia City Attorney By: Signature of Secretary, Assistant Secretary, CFO, or Assistant Treasurer (Typed/Printed Name) (Title) [NOTARY REQUIRED FOR SIGNATURE(S) OF CONTRACTOR] 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, Project No. XXXXX DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. (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. As a condition precedent to the satisfactory completion of the Agreement, unless otherwise provided for in the Agreement, the above obligation shall hold good for a period of one (1) year after the acceptance of the Work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Agreement, the Surety shall remedy the default pursuant to the Agreement, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Agreement; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Agreement and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with California law and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Agreement and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to the Project or to the Work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the Project, or to the Work or to the Specifications. Said Surety also hereby waives the provisions of sections 2819 and 2845 of the California Civil Code. 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. (seal) (seal) PRINCIPAL: SURETY: 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 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 1.4.3 CONTRACT PAYMENT BON® (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 Project No. XXXXX DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. (hereafter referred to as the "Project"). 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. 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. (seal) (seal) PRINCIPAL: By SURETY: 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 On this day of , in the a Notary Public in and appeared , known to basis of satisfactory evidence) to be the person whose name instrument as the Attorney -in -Fact of the acknowledged to me that he/she subscribed (Surety) thereto and his/her own name as Attorney -in -Fact. My commission expires on: year , before me, for said state, personally me (or proved to me on the is subscribed to the within (Surety) and the name of the Signature of Notary Public in and for said State (SEAL) NOTE: A copy of the power of attorney to local representatives of the bonding company must be attached hereto. CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the Secretary of the corporation named as Principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said Corporation by authority of its governing board. Signature of Corporate Principal (CORPORATE SEAL) 1.4.4 CERTIFICATES / PROOF OF INSURANCE AND ENDORSEMENTS The Contractor shall not commence any of the Work or begin any performance under the Agreement until he/she obtains, at his/her own and sole cost and expense, all required insurance as stipulated by the City. The required insurance shall be provided by the Contractor in conformance with the requirements of Subsection 2.7.2 of the Special Provisions and may include the following: • Workers' Compensation Insurance • Commercial General Liability and Business Automobile Liability Insurance • Course of Construction or Builder's Risk Insurance • Flood Insurance The insurance company or companies utilized by the Contractor shall be authorized and admitted to transact business in the State of California and to issue policies in the amounts required pursuant to the provisions of Subsection 2.7.2 of the Special Provisions. All insurance required shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, and shall contain the endorsements specified in Subsection 2.7.2. Within ten (10) calendar days after receipt of the Notice of Award, Contractor shall furnish to the City for approval as to sufficiency and form, certificates of insurance and original endorsements evidencing the required coverage set forth in Subsection 2.7.2 of the Special Provisions. Endorsements and certificates are to be signed by a person authorized by the insurer to bind coverage on the insurer's behalf. If the insurance called for is provided by more than one company, a separate certificate and the required endorsements shall be provided by each company. City reserves the right to request complete, certified copies of all required insurance policies and endorsements at any time. Failure to provide City with the required insurance coverage, proof of insurance and/or endorsements within ten (10) calendar days of receipt of the Notice of /Award, may result in withdrawal of award and forfeiture of the Bidder's Bid Security. CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS PART 2 - SPECIAL PROVISIONS Project No. XXXXX DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. Section 2.1 Terms, Definitions, Abbreviations, and Symbols 2.2 Scope and Control of Work 2.3 Changes in Work 2.4 Control of Materials 2.5 Utilities 2.6 Prosecution, Progress, and Acceptance of the Work 2.7 Responsibilities of the Contractor 2.8 Facilities for Agency Personnel 2.9 Measurement and Payment 2.10 Construction Details (Materials and Methods) Part 2 -SP CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT PART 2 - SPECIAL PROVISIONS Project No. XXXXX DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL H WY. SECTION 2.1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 2.1.1 GENERAL 2.1.1.1 Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction (" Green book"), 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 Standard Specifications for Public Works Construction ("Green book"), latest Edition and these Special Provisions and Technical Provisions, these Special Provisions and Technical Provisions shall take precedence over, and be used in lieu of, such conflicting portions. 2.1.1.2 Supplementary Reference Specifications. - Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions of the Caltrans Standard Specifications, latest Edition, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans," it shall mean the Standard Specifications for Public Works Construction ("Greenbook"), latest Edition, as previously specified in the above Subsection 2.1.1.1. In case of conflict between the technical provisions of the Caltrans Standard Specifications, latest Edition and these Special Provisions, these Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions. Part 2 -SP 2.1.2 LEGAL ADDRESS 2.1.2.1 Legal Address of the Agency. -The official address of the Agency shall be the City of Lynwood, 11330 Bullis Road, Lynwood, California 90262, or such other address as the City may subsequently designate in written notice -to the Contractor. 2.1.2.2 Legal Address of the Engineer. - The official address of the Engineer shall be 11330 Bullis Road, Lynwood, California 90262, or such other address as the Engineer may subsequently designate in writing to the Contractor. 2.1.2.3 Legal Address of the Agency's Project Representative. — The name and address of the Agency's designated Project Representative shall be Elias Saikaly, Project Manager, 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. Part 2 -SP - END OF SECTION - SECTION 2.2 - SCOPE AND CONTROL OF WORK 2.2.1 SCOPE OF THE WORK The project consists of removal of existing improvements, concrete testing, foundation installation, monument fabrication and installation, and restoration of finish surfaces in four (4) locations as noted on the Exhibit Monument Map. This Scope of Work acknowledges that the monument signs may be fabricated in whole or part off site and assembled in part or whole at the project site. 2.2.2 CONTRACTOR'S SURETY WAIVER OF RIGHT OF NOTIFICATION The following shall be added at the end of Subsection 2-4 of 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 PRECEDENCE OF CONTRACT DOCUMENTS The provisions of Subsection 2-5.2 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 3. Addenda 4. Contractor's Bid (Bid Documents) 5. Technical Provisions 6. Special Provisions Part 2 -SP 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. 2.2.4 SUBMITTALS The following provision shall be added at the end of Subsection 2-5.3.1 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. 2.2.5 SUBSURFACE DATA See Appendix E for General Specifications regarding this issue. The provisions of Subsection 2-7 of the Standard Specifications shall be deleted in their entirety and following substituted therefor: Geotechnical Foundation Considerations: The monument design is intended to be placed within 24" of the outside face of street curbing and gutter improvements. The foundation design shall minimize impact to the existing improvements and not cause deflection or damage to curbs, gutters, and pavement. Therefore, off -set footings and/or drilled deep foundations must be considered part to the Work. Contractor's structural engineer shall assume a soil bearing pressure of 2,000 PSF as a foundation design value. Contractor shall obtain a structural engineer's signed and sealed set of plans and specifications for the monument foundation work. 2.2.6 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY Part 2 -SP Subsection 2-8 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. 2.2.7 PERMANENT SURVEY MARKERS The provisions of Subsection 2-9.1 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor: It shall be the Contractor's responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes. Removal of such monuments, or displacement thereof, shall require their resetting, including corner record filing, for the existing type of monument in question at the Contractor's sole expense. Any existing monument shall not be disturbed. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a California Licensed Land Surveyor to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a California Licensed Land Surveyor no later than thirty (30) days after construction is completed at the site of the replacement. The California Licensed Land Surveyor shall file corner record(s) as required by Sections 8772 and 8773, et seq., of the California Business and Professions Code. Payment for the costs of Land Surveyors, replacement of disturbed monuments and the filing of corner records shall not be considered part of the work necessitating the disturbance of said monuments and no additional payment will be made by City to Contractor therefor. 2.2.8 SURVEY SERVICE The provisions of Subsection 2-9.2 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor: The Contractor shall obtain the Engineer's approval of the sign location and layout prior to any demolition of existing improvements. 2.2.9 INSPECTION The provisions of Subsection 2-11 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor: Part 2 -SP 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 Subsection 2.6 of these 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. 2.2.10 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. 2.2.11 SITE EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work. The submittal of a Bid Proposal shall be conclusive evidence that the Contractor has investigated and examined the Work site and is satisfied as to the conditions to be encountered, including but not limited to, locality, uncertainty of weather and all other contingencies, and the character, quality, quantities, and scope of the Work, materials to be furnished, and all Agreement requirements which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. 2.2.12 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. 2.2.13 RECYCLING AND DIVERSION OF DEBRIS Part 2 -SP 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. 2.2.14 POLLUTION CONTROL 2.2.14.1 Water Pollution Control The Contractor shall adhere to all provisions of Section 14-12 of the Lynwood Municipal Code: "Stormwater and Urban Runoff Pollution Control," and the Federal Clean Water Act, including but not limited to, the National Pollutant Discharge Elimination System (NPDES) standards. The Contractor shall implement all provisions of the Storm Water Pollution Prevention Plan (SWPPP) prepared by the City. Delete the SWPPP provision if project site is less than one (1) acre. 2.2.14.2 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. 2.2.14.3 Air Pollution Control The Contractor shall adhere to all applicable rules and regulations of the California Air Resource Board (GARB) and the South Coast Air Quality Management District (SCAQMD). - END OF SECTION - SECTION 2.3 - CHANGES IN WORK 2.3.1 CHANGES INITIATED BY THE AGENCY The following sentence shall be added to the end of the second paragraph of Subsection 3-2.1 of the Standard Specifications: All Change Orders shall be subject to the provisions of Subsection 6-3.15 of the Lynwood Municipal Code. Part 2 -SP 2.3.2 EXTRA WORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided that the provisions governing markup percentages for overhead and profit for extra work referenced in Subsection 3-3.2.3 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 15 percent 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items & expenditures 15 percent 5) Subcontracts (1 st 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. - END OF SECTION - SECTION 2.4 - CONTROL OF MATERIALS 2.4.1 MATERIALS 2.4.1.1 Placing Orders. — The following paragraph shall be added to Subsection 4- 1.1 of the Standard Specifications: The Contractor shall place the order(s) for all long -lead supplies, materials, and equipment, within three (3) working days after the receipt of Shop Drawing approval. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within fifteen (15) working days from the date of Shop Drawing approval. 2.4.2 TRADE NAMES OR EQUALS 2.4.2.1 Substitutions. - Paragraph 2 of Subsection 4-1.6 of the Standard Specifications shall be amended to read as follows: Part 2 -SP Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words "or equal." A Bidder may offer any material, process, or equipment considered as equivalent to that indicated, unless the City Council, or its designee, makes a finding that is described in the invitation for bids or request for proposal that a particular material, product, thing, or service is designated by specific brand or trade name for any of the following purposes: 1. In order that a field test or experiment may be made to determine the product's suitability for future use. 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 4-1.6 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 2.4.1.1, above. Data for approval to substitute "or equal" products shall include complete calculations, technical specifications, samples, or published Part 2 -SP documents relating to the performance and physical characteristics of the proposed substitute. - END OF SECTION - SECTION 2.5 — UTILITIES 2.5.1 UTILITY LOCATION AND PROTECTION The following text shall replace the provisions of paragraph 3 of Subsection 5-1 of the Standard Specifications: Locations of existing utilities if shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 and obtain an inquiry identification number a minimum of two (2) working days, but not more than fourteen (14) calendar days, prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work. The Engineer may elect to relocate the sign due to subsurface conditions such as water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. Relocation of utility conditions is not included in the contract. 2.5.2 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES The following text shall replace the provisions of paragraph 4 of Subsection 5-5' of the Standard Specifications: In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency, as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a Part 2 -SP part of the invitation for bids. The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work: The Contractor shall not be assessed liquidated damages for delay in completion. of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. Nothing herein shall preclude the public agency from pursuing any appropriate remedy against the utility for delays which are the responsibility of the utility. Nothing herein shall be construed to relieve the utility from any obligation as required either by law or by contract to pay the cost of removal or relocation of existing utility facilities. If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. 2.5.3 TEMPORARY SUPPORT OF UTILITIES - NOT USED 2.5.4 EXCAVATING NEAR SUBSURFACE INSTALLATION The excavator shall determine the exact location of subsurface installations that may be affected by the excavation by excavating with hand tools within the area of the approximate location of subsurface installations as determined by the field marking performed by the operator of the subsurface installation (hereinafter the "Operator") in conjunction with the excavator pursuant to the provisions of Government Code Section 4216.3, before using any power -operated or power -driven excavating or boring equipment Part 2 -SP within the approximate location of the subsurface installation, except that power -operated or power -driven excavating or boring equipment may be used for the removal of any existing pavement if there are no subsurface installations contained in the pavement. If mutually agreed upon by the Operator and excavator, the excavator may utilize power - operated or power -driven excavating or boring equipment within the approximate location of a subsurface installation and to any depth. If the exact location of the subsurface installation cannot be determined by hand excavating in accordance with the first paragraph of this subsection, the excavator shall request the Operator to provide additional information to the excavator, to the extent that information is available to the operator, to enable the excavator to determine the exact location of the installation. Under no conditions should a contractor proceed with excavation if the contractor has been unable to locate a marked utility line through hand excavation. In the event the contractor has been unable to locate the marked utility line by hand excavation, then the contractor is required to immediately stop work and notify the City, the property owner (if other than -the City) and utility owner and request further information and instructions before proceeding with excavation. - END OF SECTION - SECTION 2.6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 2.6.1 GENERAL Particular attention is directed to the following provisions of the Standard Specifications as amended by these Special Provisions: Subsection 6-1, "Construction Schedule and Commencement of Work," Subsection 6-4, "Default by Contractor," Subsection 6-7, "Time of Completion," and Subsection 6-9, "Liquidated Damages." 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: The Schedule of Work shall be broken into the following time frames after the issuance of the Notice To Proceed: Design Development 7 Working Days Engineer's Review of Design Dev. Not a part of the Schedule Shop Drawing Submittal to Engineer 20 Working Days Part 2 -SP Engineer's Review of Shop Drawings Not a part of the Schedule Contractor's Permit (Upon issuance of Shop Drawing approval, Contractor to submit for plan check within 24 hours) Plan Check Not a Part of the Schedule Construction of the Signage 93 Working Days. (This includes restoration of removed improvements.) ONE HUNDRED TWENTY (120) WORKING 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 6-4 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 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 Part 2 -SP 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 Subsection 6-7.2 (3) of 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 Cesar Chavez' 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 Part 2 -SP 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 - NOT USED 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. Part 2 -SP 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 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 Part 2 -SP 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 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 daysl 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. Part 2 -SP - END OF SECTION - SECTION 2.7 - RESPONSIBILITIES OF THE CONTRACTOR 2.7.1 LAWS TO BE OBSERVED - The provisions of Subsection 7-13 of the Standard Specifications shall be deleted in their entirety and the following substituted therefor: The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all its officers and employees connected with the Work, including, but not limited to, the Director of Public Works and the City Engineer, against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree, whether by Contractor or its employees. If any discrepancy or inconsistency is discovered in the Contract Documents for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall immediately report the same to the Engineer in writing. 2.7.2 INSURANCE REQUIREMENTS - The insurance requirements set forth in Sections 7-3 and 7-4 of the Standard Specifications shall be replaced in their entirety by the following provisions of this Subsection: 2.7.2.1 Workers' Compensation and Employer's Liability. - At its sole expense, Contractor shall procure, provide and maintain during the life of the Agreement and Part 2 -SP for any other such period as may be required to cover warranty periods or other claims arising from the Work, Workers' Compensation Insurance and Employer's Liability Insurance for all Contractor's employees on the Project. Workers' Compensation Insurance shall be in the amount required by California law. Employers' Liability Insurance shall be provided in amounts not less than $1,000,000 per accident, per employee for bodily injury or disease. The Workers' Compensation Policy shall be endorsed to contain a waiver of subrogation in favor of the City of Lynwood. Contractor shall require all subcontractors to provide Contractor with evidence of Workers' Compensation and Employer's Liability Insurance which complies with California law and the provisions of this Subsection 2.7.2.1. Contractor shall provide City with copies of such evidence of insurance before commencing performance of any of the Work specified in the Contract Documents. 2.7.2.2 Commercial General Liability Insurance. - At its sole expense, Contractor shall procure, provide and maintain during the life of the Agreement and for any other such period as may be required to cover warranty periods or other claims arising from the Work, Commercial General Liability Insurance against claims for injuries to persons, damages to property or such other liabilities as may arise directly or indirectly from Contractor's operations, use and management of the Project site or the performance of the Work or any of Contractor's obligations under the Contract Documents. Contractor's Commercial General Liability Insurance shall provide coverage at least as broad as ISO "Occurrence" form CG 00 01, including, but not limited to, coverage for the following: (1) premises and operations; (2) contractual liability, insuring the obligations assumed by Contractor under the provisions of any of the Contract Documents; (3) products and completed operations; (4) broad form property damage (including completed operations); (5) explosion, collapse and underground hazards; (6) bodily injury; (7) property damage; and (8) personal and advertising injury. Policy limits shall not be less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. If the policy includes a general aggregate limit, the policy shall be endorsed to state that the general aggregate limit shall apply separately to this Project, or the general aggregate limit shall be twice the required per occurrence limit. Defense costs must be paid in addition to limits and there shall be no cross liability exclusion for claims or suits by one insured against another. Part 2 -SP The limits set forth in the paragraph above shall apply separately to each insured against whom claims are made or suits are brought except with respect to limits of liability. The limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor's indemnification obligations to the City. The City of Lynwood, its elected and appointed boards, officers, officials, employees, agents, representatives and volunteers shall be named as additional insureds on the Commercial General Liability Policy usin Additional Insured Endorsement form CG 20 10 11 85 or exact equivalent. This endorsement shall be attached to insurance certificates or contained in certified copies of policies. 2.7.2.3 Business Automobile Liability Insurance. At its sole expense, Contractor shall procure, provide and maintain during the life of the Agreement and for any other such period as may be required to cover warranty periods or other claims arising from the Work, Business Automobile Liability Insurance using ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto), or the exact equivalent. Limits shall be no less than $1,000,000 each occurrence, combined single limit for bodily injury and property damage liability, including coverage for (1) owned automobiles; (2) hired or borrowed automobiles; and (3) non -owned automobiles. The limits set forth in the paragraph above shall apply separately to each insured against whom claims are made or suits are brought except with respect to limits of liability. The limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor's indemnification obligations to the City. The City of Lynwood, its elected and appointed boards, officers, officials, employees, agents, representatives and volunteers shall be named as additional insureds on the Business Automobile Liability Policy. This endorsement shall be attached to insurance certificates or contained in certified copies of policies. 2.7.2.4 Course of Construction / Builder's Risk - Not Applicable to this Project. 2.7.2.5 Reserved. 2.7.2.6 Additional Required Insurance Endorsements. 2.7.2.6.1 All Policies. - In addition to the specific requirements set forth for the individual types of policies set forth above, all insurance policies required Part 2 -SP under the provisions of Subsection 2.7.2 shall be endorsed to contain the following provision: This insurance policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City of Lynwood. Such thirty (30) day notice shall be submitted to the City via certified mail, return receipt requested, and addressed to: City Engineer, City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. 2.7.2.6.2 Commercial General Liability and Business Auto Liability Policies. In addition to the specific requirements set forth for the individual types of policies set forth above, the Commercial General Liability and Business Auto Liability policies required under the provisions of Subsection 2.7.2 shall be endorsed as follows: The Contractor's insurance is primary with respect to the City of Lynwood, its elected and appointed boards, officers, officials, employees, agents, representatives and volunteers. Any insurance or self-insurance maintained by The City of Lynwood, its elected and appointed boards, officers, officials, employees, agents, representatives and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. The subrogation condition as to the City of Lynwood, its elected and appointed boards, officers, officials, employees, agents, representatives and volunteers shall be deleted, or must specifically allow the named insured to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 2.7.2.7 Acceptability of Insurers. - All insurance required by the Contract Documents shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, and only with insurers that are admitted and authorized to do business in California as insurance carriers. 2.7.2.8 Verification of Coverage. - Contractor shall furnish the City with original certificates of insurance and original endorsements evidencing the coverage required by these specifications. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in form and substance satisfactory to the City and shall be furnished to the City Engineer within ten (10) calendar days of Contractor's receipt of the Notice of Award, and approved by the City Engineer Part 2 -SP and/or the City Attorney before any Work commences. At the request of the City, the Contractor shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 2.7.2.9 Subcontractors. - The Contractor shall include all subcontractors as insureds under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements set forth in the various provisions of Subsection 2.7.2. 2.7.2.10 Other Required Insurance Provisions. - In the event any breach of any of the insurance provisions required under the Contact Documents, City may, at is sole discretion, procure and maintain at Contractor's expense, the necessary insurance and may deduct the costs from any sum to which contractor is entitled or may become entitled under the Contract Documents. No endorsement limiting or excluding a standard coverage is permitted and claims -made coverage or modified occurrence is not acceptable. The cost of procuring and maintaining all insurance required by the provisions of Subsection 2.7.2 shall be included in the Contractor's bid. Pursuant to Section 7105 of the California Public Contract Code, Contractor shall not be responsible for cost of repairing or restoring damage to the Work which damage is determined to have been proximately caused by an Act of God, in excess of five percent (5%) of the contracted amount, provided, that the work damaged is built in accordance with accepted and applicable building standards and the plans and specifications of the City. Contractor shall obtain insurance to indemnify the City for any damage caused by an Act of God if the insurance premium is listed as a separate bid item in the Bid Schedule(s) for the Work. As used in this paragraph, an "Act of God" includes only earthquakes in excess of a magnitude 3.5 on the Richter scale, and tidal waves. 2.7.3 LABOR LAWS — The following provisions shall be added to Subsection 7-2.2 of the Standard Specifications: 2.7.3.1 Hours of Labor. - The Contractor shall comply with all applicable provisions of California Labor Code Sections 1810 to 1815, inclusive, relating to working hours. The Contractor shall, as a penalty to the City, forfeit $25.00 for each worker employed in the execution of the Work pursuant to the Contract Documents by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay. Upon notification by the Division of Apprenticeship Part 2 -SP Standards (the "DAS") or the Division of Labor Standards Enforcement of the Department of Industrial Relations (the "DI -SE"), the City shall withhold penalties due under this Subsection from the Contractor's progress payments then due. 2.7.3.2 Prevailing Wage. - As required by Section 1770 et seq. of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (the "Director"). Copies of such prevailing rate of per diem wages are on file at the office of the City Engineer, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site. Pursuant to the provisions and exceptions set forth in Labor Code Section 1775, Contractor, and any subcontractor under Contractor, shall, as a penalty to the City, forfeit the sum of not more than $50.00 (actual amount of penalty to be determined by the Labor Commissioner pursuant to the provisions of Labor Code Section 1775(a)(2)) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the Contract Documents by it or by any subcontractor under it. Upon notification by the DAS or the DLSE, the City shall withhold penalties due under this Subsection from the Contractor's progress payments then due. 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 the subcontractor. Any contract executed between the Contractor and a subcontractor for performance of work under the Contract Documents shall include a copy of the provisions of Section 1771, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. 2.7.3.3 Apprentices on Public Works. - Prior to commencing work, the Contractor shall submit to the City a copy of the information submitted to the applicable apprenticeship program(s) that can supply apprentices to the site of the Work. The information 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. Within 60 days after concluding the Work under the Agreement, Contractor and its subcontractors shall submit to the City a verified statement of the journeyman and apprenticeship hours performed on the contract. 2.7.4 OTHER PROVISIONS Part 2 -SP 2.7.4.1 Unpaid Claims. - If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the California Civil Code, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under the Agreement as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the California Civil Code, said moneys shall not thereafter be withheld on account of such Stop Notice. 2.7.4.2 Retainage from Monthly Payments. - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to ensure performance under the Agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Agreement. Deposit of securities with an escrow agent shall be subject to a written agreement for in -lieu construction payment retention, provided by the City between the escrow agent and the City, which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Agreement has been satisfactorily completed until at least 35 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code, and to bank or savings and loan certificates of deposit. 2.7.4.3 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract. 2.7.4.3.1 As required under Section 7104 of the Public Contract Code, any public works contract of a local public entity, which involves the digging of trenches or other excavations that extend deeper than 4 feet (1.2 meters) below the surface, shall be subject to the following provisions: The Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (1) Material that the contractor believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to Part 2 -SP bidders prior to the deadline for submitting bids; and (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the Work shall issue a change order under the procedures described in the Contract Documents. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract Documents, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 2.7.4.3.2 In accordance with California Labor Code Section 6705, Contractor shall not commence any excavation over five (5) feet in depth until he/she has submitted to the City a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during any such excavation and such plan has been accepted by the City or by a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated. If such plan varies from the shoring system standards promulgated by the Department of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed and paid by the Contractor. Nothing in this Subsection shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. Nothing contained in this Subsection shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection. 2.7.4.4 Resolution of Construction Claims. - In accordance with Public Contract Code Section 20104 et seq., and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the City shall be resolved under the following the statutory procedure: Part 2 -SP 1. All Claims: All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the Contract Documents. "Claim" means a separate demand by the Contractor for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the Contractor and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled, or (3) an amount the payment of which is disputed by the City. 2. Claims Under $50,000. The City shall respond in writing to the claim within forty-five (45) days of receipt of the claim, or, the City may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the Contractor. The City's written response shall be submitted fifteen (15) days after receiving the additional documentation, or within the same period of time taken by the Contractor to produce the additional information, whichever is greater. 3. Claims over $50,000 but less than or equal to $375,000. The City shall respond in writing within sixty (60) days of receipt, or, may request in writing within 30 days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is needed thereafter, it shall be provided pursuant to mutual agreement between the City and the Contractor. The City's response shall be submitted within thirty (30) days after receipt of the further documents, or within the same period of time taken by the Contractor to produce the additional information or documents, whichever is greater. The Contractor shall make these records and documents available at all reasonable times,' without any direct charge. 5. If the Contractor disputes the City's response, or if the City fails to respond within the times prescribed herein, the Contractor may so notify the City within fifteen (15) days of the receipt of the response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for a settlement of the issues in dispute. Upon such demand, the City shall schedule a meet and confer conference within thirty (30) days. 6. Following the meet and confer conference, if the claim or any portion thereof remains in dispute, the Contractor may file a claim pursuant to Government Code 900 et seq. and Government Code 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the Contractor first submits its written claim pursuant to these provisions until the time the claim is denied as a result of the meet and confer process, including any time utilized for the meet and confer conference. Part 2 -SP 7. Submission of a written claim (with appropriate supporting documentation attached) signed by the Contractor, and a written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor. 2.7.4.5 Concrete Forms, Falsework, and Shoring. - The Contractor shall comply fully with the requirements of Section 1717 of Title 8 of the California Code of Regulations (Construction Safety Orders of the California Department of Industrial Relations) regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Agreement for completion of the Work as set forth in the Contract Documents. 2.7.4.6 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations. — Pursuant to Labor Code Section 1776, the Contractor and each 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 Work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating that both (1) the information contained in the payroll record is true and correct; and (2) the Contractor has complied with the requirements. of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records enumerated in the first paragraph of this Subsection 2.7.4.6, shall be certified and made available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: 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. A certified copy of all payroll records enumerated herein shall be made available for inspection, or furnished upon request to a representative of the City, the DLSE and the DAS. A certified copy of all payroll records enumerated herein shall be made available upon request to the public for inspection, or for copies thereof. However, a request by the public shall be Part 2 -SP made through among the City, the DAS, or the DLSE. If the requested payroll records have not been provided pursuant to the preceding paragraph, 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, subject to the provisions of Title 8, Sections 16400 and 16402 of the California Code of Regulations. The public shall not be given access to the records at the principal office of the Contractor. The certified payroll records shall be on forms provided by the DLSE or shall contain the same information as the forms provided by the DLSE. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the DLSE forms and such printouts are verified in the manner specified in the first paragraph of this Subsection 2.7.4.6. The Contractor and each subcontractor shall file a certified copy of the records, enumerated in the first paragraph of this Subsection 2.7.4.6, with the entity that requested the records within ten (10) days after receipt of a written request. Any copy of records made available for inspection as copies, and fumished upon request to the public or any public agency by the City, the DAS, or the DLSE, shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor awarded the contract or performing the Work under the Contract Documents shall not be marked or obliterated. Any copy of records made available for inspection by or fumished to, a joint labor- management committee established pursuant to the provisions of Labor Code Section 1776(e) shall be marked or obliterated only to prevent disclosure of individuals' names and social security numbers. The Contractor shall inform the City of the location of the records enumerated under the first paragraph of this Subsection 2.7.4.6, including the street address, city and county, and shall, within 5 working days, provide a notice of any change of location and address. The Contractor or subcontractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting the certified payroll records set forth in in the first paragraph of this Subsection 2.7.4.6. In the event that the Contractor or subcontractor fails to comply within the ten (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 ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the DAS or the DLSE, these penalties shall be withheld from progress payments then due. A copy of all certified payrolls shall be submitted weekly to the Engineer. Payrolls shall contain the full name, address and social security number of each employee, Part 2 -SP his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. They shall also indicate all apprentices and ratio of apprentices to journeymen. The payroll shall be accompanied by a "Statement of Compliance," signed by the employer or its agent, indicating that the payrolls are correct and complete, and that the wage rates contained therein are not less than those required by the Contract Documents. The "Statement of Compliance" shall be on forms furnished by the City, or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls from all subcontractors. By the fifteenth (15th) day of the month, if the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the City will retain an amount equal to ten (10) percent of the estimated value of the work performed during that month from the next monthly progress payment, except that such retention shall not exceed $10,000, nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be in addition to all other retentions provided for in the Contract Documents. The retention for failure to submit certified payrolls for any monthly period will be released for payment with the next progress payment made following the date that all the satisfactory payrolls for which the retention was made are submitted. 2.7.5 PERMITS — The following shall be added to the end of Subsection 7-5 of the Standard Specifications: 2.7.5.1 The following permit(s) shall be required for the Project: 1. Building and Safety permit for the sign structure. The plan check fee will be paid for by the City of Lynwood. 2. Business License — City of Lynwood Business License Department. 3. The Contractor is required to obtain a "No -Fee" Construction / Excavation Permit from the City prior to commencing any work. - END OF SECTION - SECTION 2.8 -- FACILITIES FOR AGENCY PERSONNEL (NOT REQUIRED) - END OF SECTION - Part 2 -SP SECTION 2.9 - MEASUREMENT AND PAYMENT 2.9.1 GENERAL 2.9.1.1 Payment. — Paragraph 2 of Subsection 9-3.1 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. 2.9.1.2 Progress and Final Payments. — Paragraphs 2 through 5 of Subsection 9-3.2. of the Standard Specifications shall be deleted in their entirety and the following substituted: 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. 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. Part 2 -SP 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. 2.9.1.3 Release of Retention - The last paragraph of Standard Specifications Subsection 9-3.1 shall be DELETED and the following substituted therefor: At the expiration of thirty-five (35) days after the Notice of Completion has been recorded by the City, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to the Contractor, except for such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Agreement to be further retained. 2.9.2 SCHEDULING, MEASUREMENTS AND PAYMENTS 2.9.2.2 Initial Mobilization: - The following paragraphs shall be added to the end of Subsection 9-3.4 of the Standard Specifications: Measurement for payment for Mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items during the first twenty-five (25) days following the Notice to Proceed. Payment for Mobilization will be made at the lump sum allowance named in the Unit Price Bid Schedule(s) under the Bid Item, "Mobilization," which price shall constitute full compensation for all such work. Payment for mobilization will be made in the form of a single, lump -sum, non- proratable payment. The Bid Item, "Mobilization," will not be approved for payment until all mobilization items listed herein have been completed as specified. The scope of work included under the Bid Item, "Mobilization" shall include, but not be limited to, the following principal items: 1. Obtaining and paying for all bonds, insurance, and permits. 2. Providing Shop Drawings and structural calculations to Engineer for approval. 3. Providing on-site sanitary facilities and potable water facilities as specified per Cal -OSHA. Part 2 -SP 4. Arranging for and erection of Contractor's work and storage yard. 5. Posting all OSHA required notices and establishment of safety programs per Cal-OSHA and as required by Subsection 7-10.4 of the Standard Specifications. 10. Having the Contractor's superintendent at the job site full time as required under Subsection 7-6 of 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. 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. 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. 2.9.2.3 Demobilization — Measurement for payment for Demobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the Demobilization items listed herein. Payment for Demobilization will be made at the lump sum allowance named in the Bid Schedule(s) under the Bid Item, "Demobilization," which price shall constitute full compensation for all such work. Payment for Demobilization will be made in the form of a single, lump sum, non-proratable payment, no part of which will be approved for payment under the Agreement until all Demobilization items listed herein have been completed as specified. The scope of the work included under the Bid Item, "Demobilization" shall include but not be limited to the following principal items: 1. Complete clean up and remediation of all storage and staging sites. 2. Complete clean up and remediation, if required, of all haul routes utilized by Contractor's vehicles. 3. Comply with all terms of the Construction Permit. 4. Submit complete "AS -BUILT" plans. Part 2 -SP 5. Complete the project punch list. 2.9.2.4 Sheeting, Shoring, and Bracing or Equivalent Method. — Not Used. - END OF SECTION - SECTION 2.10 - CONSTRUCTION DETAILS (MATERIALS AND METHODS) TABLE OF CONTENTS 2.10.1 General 2.10.2 Construction Materials 2.10.3 Construction Methods 2.10.1 GENERAL Section 2.10, "Construction Details", includes only technical provisions that add, delete, or revise that which is already covered in the Standard Specifications, or exercises a choice that is offered in the Standard Specifications, or adds subjects not covered in the Standard Specifications. 2.10.2 CONSTRUCTION MATERIALS 2.10.3 CONSTRUCTION METHODS - END OF SECTION - Part 2 -SP CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT PART 3 - TECHNICAL PROVISIONS I DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. CITY OF LYNWOOD PROJECT NO. XXXXX 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. Mobil ization/Demobilization Mobilization shall conform to the provisions of Sections 9-3.4 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 - Part 4 working days during the construction period. an adequate storage site for equipment and of all equipment and materials from the site, the end of project. The Contractor is responsible for securing materials. Demobilization includes removal clean up and restoration of the work site at 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. 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 permittee thereto, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The Agency will pass through to the 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 Mobil ization/Demobilization shall be considered as included in the prices paid for the Various Items of work involved as specified in Section 8-3, 'Work to be Done without Direct Payment," of the Standard Construction Specifications and therefore no additional compensation will be made. This shall include full compensation Part 4 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. Traffic Control Traffic control, Traffic control plan, construction signing and traffic maintenance shall comply with the provisions of Subsection 7-10 of the Standard Specification, Subsection 56-2 of the Caltrans Standard Specifications, and the current requirements set forth in the "Manual of Traffic Controls for Construction and Maintenance Work Zones" published by the Department of Transportation, State of California, and latest Manual on Uniform Traffic Control Devices (MUTCD) by the Federal Highway Administration (California Supplement), the traffic control plans and these Special Provisions. The Contractor shall maintain the following clearances from the edge of traffic lanes: 1) 5 feet to any excavation, 2) 2 feet to curbs or temporary concrete barriers, 3) 10 feet to poles and other obstructions on uncurbed roadways. If determined by the City Engineer that it is necessary to decrease these minimum distances to allow for the prosecution of the work, the Contractor shall provide all protective devices required by the City Engineer to adequately protect the public. PUBLIC CONVENIENCE At least ten (10) calendar days prior to commencing paving work, the Contractor shall submit a pavement spreading schedule to the City for approval. Based on the work to be accomplished, the Contractor is to notify residents and businesses of the proposed work and post temporary "NO PARKING" signs at no cost to the City. Signs shall be posted along the affected area a maximum of 30 feet between signs and for not longer than 100 feet in affected length of no parking. Signs shall not be attached to existing poles, street light standards, trees or onto a proper stand. All signs must be posted on delineators or stakes provided by the Contractor. The "NO PARKING' signs shall be in place not less than forty eight (48) hours prior to performing the work. All conflicting parking signage shall be covered. The Contractor is to distribute a minimum of two (2) "Public Notice" to each resident and business affected by the project. The affected area is within 200 linear feet in each direction along the street frontage. The first notice shall be distributed ten (10) calendar days prior to the start of any work. The second notice shall be distributed at least seventy two (72) hours (3 working days) prior to the start of work. A sample copy of the Part 4 notice must be approved by the City Engineer. Said notice shall be attached to a red information hanger provided by the Contractor and hung on the front door knob and/or gate. Notices shall be in English and Spanish language. All complaints received by the City associated with the construction project alleging damage to private property and vehicles shall be responded to by the Contractor within one working day (24) hours of notification. Failure to comply with this provision may result in a penalty of One Hundred dollars ($100.00) per occurrence. All trucks, which the Contractor proposes to use, that exceed the legal load limit when loaded will be required to have overweight permits issued by the City for which there is a fee. The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project as specified in Subsection 7-10 of the General Provisions PROTECTION OF WORK AND PUBLIC The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged pavement as a result of damage (i.e., vehicle tracks, footprints, graffiti, etc.) If deemed necessary by the City, the Contractor shall repair the defective area in accordance with these special provisions. CONSTRUCTION SIGNING Construction signing shall consist of furnishing, installing, maintaining and removing construction signs and barricades as required by the "Manual of Traffic Controls for Construction and Maintenance Work Zones". The traffic control system shall be installed on a road prior to starting work for that road and shall not be removed until all work has been completed on that road. Existing speed limit signs, which conflict with the work zone speed limit, shall be covered during the entire construction period. TRAFFIC MAINTENANCE The Contractor shall be responsible for handling vehicular and pedestrian traffic in accordance with Subsection 7-10 of the Standard Specifications and these Special Provisions. The Contractor shall prepare all necessary traffic control plans and submit to the City for approval at the pre -construction meeting. The traffic control plans shall be prepared by a Traffic Engineer Licensed in the State of California and shall show: 1. Notification Signs. Part 4 2. Existing and temporary lane lines. 3. Dimensions of the work zone and street improvements. 4. Advance warning signs. 5. Delineators The plans shall be submitted to the City no later than the Pre -Construction meeting and shall incorporate a complete and separate plan for each stage of construction proposed by the Contractor. This plan shall indicate the sequence of lanes or portions of lanes being closed for each phase. The traffic control plans shall indicate the travel plan for each phase of construction. The traffic control plans shall state: 1. That the plan will conform to the "Manual on Uniform Traffic Control Devices (MUTCD) California Current Edition." 2. Emergency contact person and phone number. 3. Minimum lane widths and minimum clearance to obstructions. The traffic control plan shall be reviewed and accepted by the City Engineer prior to beginning any removals. The Contractor shall cooperate with the City Engineer relative to handling traffic through all work areas and shall make his own arrangements relative to keeping the working area clear of parked vehicles and maintaining clear access to driveways. The Contractor shall furnish and install construction notification signs as shown on traffic control plans and as specified by the City of Lynwood. The Contractor shall provide for controlled pedestrian crossings through the work. Crossings shall provide pedestrians a means of passing over or through the work without tracking tack coat or hot asphalt on existing concrete work or endangering pedestrian safety. The Contractor shall not be allowed to infringe upon traffic flow in the right of way. No lanes are to be closed or restricted. Contractor's equipment and personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. Only 3 legal parking spaces shall be used directly adjacent to the monument sign installation with Engineer's approval. Overnight parking of construction equipment shall not be allowed. TEMPORARY GUIDE MARKERS — NOT USED PORTABLE DELINEATORS The vertical portion of the portable delineators shall be brilliant orange or predominantly orange in color. The posts shall be not less than 100 square inches, measured through the vertical axis of the delineator, normal to the roadway. The minimum height shall be Part 4 thirty-seven (37) inches above the traveled way. Two 4 -inch nominal width reflective bands shall be mounted a minimum of 1 1/2 inches apart and at a height on the post so that one reflective band will be between 2.5 feet and 3 feet above the roadway surface. Reflective bands shall be flexible vinyl plastic, either white or yellow, and shall have not less than the following dry reflective values at a 0.2 degree divergence angle, expressed I units if candlepower per foot-candle per square foot. The wet reflective values shall not be less than ninety percent (90%) of the dry values. Dry Reflective Value Angle of Incidence 40 50 300 White 250 165 50 Yellow 10 110 50 All tests for reflective values shall be performed in accordance with Test Method No. Calif. 642. The portable delineators shall be spaced as necessary for proper delineation; however, in no case shall the spacing between portable delineators exceed thirty (30) feet on tangents or twenty (20) feet on curves. FLUORESCENT TRAFFIC CONES Provide lighted flashers and lighting for night time. Fluorescent traffic cones shall be new or reconditioned and of good commercial quality, flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be highly pigmented fluorescent orange polyvinyl compound. The cone shall be anchored in a manner such that the traffic cone will remain in an upright position. The fluorescent traffic cones shall be spaced as necessary for proper delineation; however, in no case shall the spacing between fluorescent cones exceed thirty (30) feet on tangents or twenty (20) feet on curves. STRIPING — NOT USED RESTRICTIONS ON CLOSURE OF STREETS AND TRAFFIC LANES The Contractor shall not close or restrict any streets or traffic lanes. Part 4 Construction Surveying and Stacking — Not Used Bid Item No. 1 — Mobilization This Bid Item shall include all labor, material, design, and equipment required to comply with Part 2 — Special Provisions, Section 2.9.2.2 Scheduling Measurements & Payments, Initial Mobilization. Payment for Mobilization shall be paid for at the contract unit price for this event and shall be considered full compensation for complying with the above requirements. Bid Item No. 2 — Sign #1 — Long Beach Blvd. & Fernwood This Bid Item shall include all design, labor, material and equipment required to provide vehicular and pedestrian safety traffic control, demolition, debris removal, sign notification, fabrication, transportation, construction, and installation of the monument sign ready for use at this specific location. See Alternative #1 for Solar Power & LED Lighting if at the City's election is to be made a part of this sign work. Payment for Sign #1 — Long Beach Blvd. & Fernwood shall be paid for at the contract unit price per Unit of Each Sign (EA) and shall be considered full compensation for complying with the above requirements for doing all the work involved complete in place and no additional compensation will be allowed. Bid Item No. 3 — Sign #2 — Long Beach Blvd. & Wisconsin Ave. This Bid Item shall include all design, labor, material and equipment required to provide vehicular and pedestrian safety traffic control, demolition, debris removal, sign notification, fabrication, transportation, construction, and installation of the monument sign ready for use at this specific location. See Alternative #1 for Solar Power & LED Lighting if at the City's election is to be made a part of this sign work. Payment for Sign #2 — Long Beach Blvd. & Wisconsin Ave. shall be paid for at the contract unit price per Unit of Each Sign (EA) and shall be considered full compensation for complying with the above requirements for doing all the work involved complete in place and no additional compensation will be allowed. Bid Item No. 4 — Sign #3 — Imperial Hwy. & Philadelphia Way Part 4 This Bid Item shall include all design, labor, material and equipment required to provide vehicular and pedestrian safety traffic control, demolition, debris removal, sign notification, fabrication, transportation, construction, and installation of the monument sign ready for use at this specific location. See Alternative #1 for Solar Power & LED Lighting if at the City's election is to be made a part of this sign work. Payment for Sign #3 — Imperial Hwy. & Philadelphia Way shall be paid for at the contract unit price per Unit of Each Sign (EA) and shall be considered full compensation for complying with the above requirements for doing all the work involved complete in place and no additional compensation will be allowed. Bid Item No. 5 — Sign #4 — Long Beach Blvd. & Orchard This Bid Item shall include all design, labor, material and equipment required to provide vehicular and pedestrian safety traffic control, demolition, debris removal, sign notification, fabrication, transportation, construction, and installation of the monument sign ready for use at this specific location. See Alternative #1 for Solar Power & LED Lighting if at the City's election is to be made a part of this sign work. Payment for Sign #4 — Long Beach Blvd. & Orchard shall be paid for at the contract unit price per Unit of Each Sign (EA) and shall be considered full compensation for complying with the above requirements for doing all the work involved complete in place and no additional compensation will be allowed. Bid Item No. 6 — Permits No fee shall be paid by Contractor for plan check or final permit. This cost is Not Applicable in the Unit Price Bid Schedule. Bid Item No. 7 — Shop Drawings, Plans, Engineering & Specifications This Bid Item shall include all plan check processing of the Engineer approved Shop Drawing, design drawings, structural drawings, calculation for a building permit to be issued by the City of Lynwood. Payment for Shop Drawings, Plans, Engineering & Specifications shall be paid for at the contract unit price per Lump Sum (LS) for all four signs and shall be considered full compensation for complying with the above requirements for doing all the work involved complete in place and no additional compensation will be allowed. Bid Item No. 8 — Testing & Inspections This Bid Item shall include all 3rdParty inspection and testing services provided for the work. Provide concrete cylinder testing for all concrete pours in accordance with Green Book Specifications. Part 4 Payment for Testing & Inspections of concrete work, shall be paid on Lump Sum (LS) contract price and include full compensation for the taking of samples, transportation, testing, and report issuance of concrete strength work and no additional compensation will be allowed therefor. Bid Item No. 9 — Demobilization This Bid Item shall include all cost to make for a complete project deliverable to the City of Lynwood. All sidewalk areas to be restored to full pedestrian movement, barricades removed, construction debris removed, signage available to be utilized for its intended purpose free of defects, close out documents received and approved by the Engineer. Payment for Demobilization shall be paid for at the contract unit price per Lump Sum for all four signs and shall be considered full compensation for complying with the above requirements for doing all the work involved complete in place and no additional compensation will be allowed. Bid Alternate #1 — Solar Power & LED Lighting This Bid Item shall include all cost to provide Solar Powered Electrical and internally illuminated letters and box signs for all four (4) moment signs. The Bid Form contains an Alternate #1 for providing internal illumination of the internally illuminated LED lettering of "City Of", "City Seal' (can/box design), "Lynwood", hand symbol (can/box design), laser cut letters of "An All America City", and "Incorporated 1921". The solar panel(s) and battery packs shall be located at the rear of the sign. The battery packs shall provide 10 hours of continuous operation monitored with photocell on and off integration. The LED lighting shall include but not be limited to battery storage devices, LED lighting sources, LED enclosures, electrical feeders & conduit, solar array, connectors, photocell, controller, electrical management system, all UL rated and approved. Payment for Solar Power & LED Lighting shall be paid for at the contract Lump Sum price for all four signs and shall be considered full compensation for complying with the above requirements for doing all the work involved complete in place and no additional compensation will be allowed. Part 4 CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT PART 4 - APPENDICES DECORATIVE MONUMENT SIGNAGE PROJECT FOR SPECIFIC GATEWAY STREET LOCATIONS ALONG LONG BEACH BLVD. AND IMPERIAL HWY. CITY OF LYNWOOD PROJECT NO. XXXXX 4.1 Appendix A — Standard Plans for Public Works Construction (SPPWC Standards) and City of Lynwood Standards 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, 1776, 1777.5, 1813 and 1815 4.5 Appendix E — Specifications For Monument Signage 4.6 Appendix F — Monument Sign Design (Contract Drawings) 4.7 Appendix G — Monument Sign Location Maps Part 4 APPENDIX A STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION (SPPWC STANDARDS) Part 4 CONTRACT CHANGE ORDER (CCO) FORM Date: Project Title: Plan Reference: Contractor: CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS CCO No. Project No. Item Reference: 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. Part 4 APPENDIX C SUBSTITUTION REQUEST FORM TO: PROJECT: (ExtendProiectTitle- PROJECT NO: «ProiectNumber» 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 affect 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. Part 4 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: SIGNATURE: FIRM: DATE: TELEPHONE: ATTACHMENTS: Part 4 Reviewed by Engineer: ❑ACCEPTED ❑ ACCEPTED AS NOTED ❑ NOT ACCEPTED ❑ RECEIVED TOO LATE BY: TITLE: DATE: REMARKS: 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: (1) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (B) (1) The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. Part 4 (iii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) When the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section. (D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion. (E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements: (1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. (2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages Labor Code Section 1777.5 Employment of apprentices on public works (a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Part 4 (b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. (c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following: (1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). (e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ Part 4 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). Q) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1 -to -5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1 -to -5 ratio set forth in this section when it finds that any one of the following conditions is met: (1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one -thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. (1) When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1 -to -5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. (m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Part 4 Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows: (A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. (B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program. (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Division of Apprenticeship Standards. (3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the Division of Apprenticeship Standards. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. (o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) All decisions of an apprenticeship program under this section are subject to Section 3081. Labor Code Section 1776 Payroll record of wages paid; Inspection; Forms; Effect of noncompliance; Penalties (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. Part 4 (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a). (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. (i7 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. Part 4 (i) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. Labor Code Section 1813 Penalty when workman required to work excess hours; Stipulation in contract; Cognizance and report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. Labor Code Section 1815 Work performed in excess of specified hour limitations; Compensation Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. Part 4 APPENDIX E SPECIFICATIONS FOR MONUMENT SIGNAGE 1. General Sign Construction Requirements: a. All signs and their installation shall comply with all local building and electrical codes. b. All electrical signs will be fabricated by a U.L. approved sign company, according to U.L. specifications and bear U.L. Label. c. Internal illumination to be LED lighting capable of providing similar lumen output of 30 milliamp neon installed and labeled in accordance with the "National Board of Fire Underwriters Specifications". d. Painted surfaces must have an acrylic polyurethane finish or baked -on finish. e. All sign fabrication work shall be of excellent quality. All logo images and type- styles shall be accurately reproduced. Lettering that approximates type -styles shall not be acceptable. The Engineer reserves the right to reject any fabrication work deemed to be below standard. f. All lighting must match the exact specification of the approved working drawings. NO EXPOSED CONDUITS OR RACE WAYS WILL BE ALLOWED. g. Signs must be made of durable rust —inhibited materials. h. Color coatings shall exactly match the colors specified on the approved plans. i. Joining of materials (e.g., seams) shall be finished in such a way as to be unnoticeable. Visible welds shall be continuous and ground smooth. Rivets, screws, and other fasteners that extend to visible surfaces shall be flush, filled, and finished so as to be unnoticeable. j. Finished surfaces of metal shall be free from canning and warping. All sign finishes shall be free from dust, orange peel, drips, and runs and shall have a uniform surface conforming to the highest standards of the industry. k. In no case shall any manufacturer's label be visible from the street from normal viewing angles. L Exposed raceways and conduit are not permitted. Exposed junction boxes, lamps, tubing or neon crossovers of any type are not permitted. m. All materials used in signage construction and installation must be new. No used materials willbe allowed. n. The cabinet and/or channel letters shall be constructed of .071 aluminum with 1/8" plastic face and fastened to the wall or fascia in an approved manner. All metal shall receive a minimum of two (2) coats of primer and two (2) coats of finish paint. Metal sheet seam joints shall be joined by pop rivets. 2. Sign Design: See Appendix "F" — Sign Design for preliminary sign architectural rendering. The Contractor shall further refine the preliminary sign design for City final approval prior to starting shop drawing preparation. The Contractor shall include in the Bid all design refinement, shop drawings, specifications, structural drawings and calculations, permit processing, for submittal and approval of the final monument project Part 4 for Engineer's review and approval. The Work shall also include specific internal struts, beams and fastening components, footing and foundation details, sections, paint and finish schedule, and material descriptions for a complete representation development of the intended design. a. Since the sign is to be placed on sidewalks with pedestrian movements, the metal panels, lettering, and other features shall be construction of relatively heavy and durable material to minimize potential damage. The minimum metal thickness shall be .071" thick and intermediate ribbing and back bracing shall be utilized. b. New single faced acrylic faced channel letters shall be attached by three connection points per letter. c. Routed sign letter faces shall be sealed and firmly attached to the sign panels. d. Graffiti Paint — Provide a sacrificial anti -graffiti coating on all exterior surfaces of the sign. 3. Geotechnical Foundation Considerations: The monument design is intended to be placed within 24" of street curb and gutter improvements. The foundation design shall minimize impact to the existing improvements. Therefore, off -set footings and foundations must be considered part to the Work. Contractor shall assume a soil bearing pressure of 2,000 PSF for foundation design value. Notify the Engineer prior to foundation excavation and pouring of foundation work. Utilize no less than 3,000 PSI concrete for foundations, sidewalk and curbing concrete. Provide independent testing of concrete samples for crush bearing strength testing — two cylinders per footing minimum. Contractor shall obtain a structural engineer's signed and sealed set of plans and specifications for the monument Work. 4. Solar Powered Electrical: The Bid Form contains an Alternate #1 for providing internal illumination of the internally illuminated LED lettering of "City Of', "City Seal" (can/box design), "Lynwood", hand symbol (can/box design), laser cut letters of "An All America City", and "Incorporated 1921". The solar panel(s) and battery packs shall be located at the rear of the sign. The battery packs shall provide 10 hours of continuous operation monitored with photocell on and off integration. 5. Site Preparation: The following shall be considered as part of the Work: a. See Part 2 —Special Provisions, Section 2.5.1 Utility Location and Protection for underground service alert notification and markings. b. Sawcut and remove sufficient existing material to accommodate the placement of new foundations. Remove soil material for new foundations. Obtain Engineer's approval of excavation prior to pouring footings. Remove all debris and excess soil material from the site; dispose of per governmental regulations. c. Upon installation of the monument sign, install new finish material to match existing. Maintain existing drainage gradient, and align new finish with existing finish with no more than 1/16" difference in vertical height. d. All foundations, structures, poles, and bracing devices shall be set plumb, level and true. Part 4 6. Anti-Bird Spikes: Provide anti-bud spikes at the top each monument sign similar to Bird- B-Gone stainless steel pigeon spikes with 3" width. Part 4 T APPENDIX F MONUMNET SIGN DESIGN O _`,�Mf� s { %dam �. � •�ti IjL' ,� �'—'�Gtili (FJ1 �'1 iLt F.l ( I— i I I -I�RojLLT' VIEW 1 1 INFR,ASTRUOTURE ENGINEERS Part 4 ..-...... .... we .l�r.., tw�) ,~I.d tt j If I II _ 4'F l- t (/3 d ' l _`,�Mf� s { %dam �. � •�ti IjL' ,� �'—'�Gtili (FJ1 �'1 iLt F.l ( I— i I I -I�RojLLT' VIEW 1 1 INFR,ASTRUOTURE ENGINEERS Part 4 6 T,r L Hart 4 it c CALIFORNIA BOULEVARD x � 4 o w 0 o uj w m irz ti z aot l-e PRo vot4G 9�CN. STATE STREET O ir LONG $EACH SOULEv'^RD s� z J e Ut 'Z LONG BEACH BOUT-F.VARD Pp Jru z m LlryO�EI?GkAV ru P't'4cKsrrEFr STATESTREET BELLMGER STREET - BELL.INGER STREET } 2J a SANTA FE AVENUE Q 0 S ALAIMEDA STREET STATE STREET 0 m Z v LEGEND: LYNWOOD ®� INFRASTRUCTURE MONUMENTslcryp> DECORATIVE SIGNAGE DATE: 7-26-17 ENGINEERS Nyy0'�0 IVF OFF-�pNiP SIGN #1 IN—/, 13' WIDE MEDIAN O N _ RAMp (E) LOW LEVEL SIGN r Gy L, YYY^ CENTER MONUMENT N MEDIAN l.yos r0 Q sr� `.ilrt SIGN # 1 LONG BEACH BLVD. FERNINODD AVE. SIGN R1 LAT 339262LONG. -118.21100263' MEDIAN SECTION LEGEND: LYNWOOD ®� INFRASTRUCTURE MONUMENTslcryp> DECORATIVE SIGNAGE DATE: 7-26-17 ENGINEERS 4 SIGN #2 IN SIDEWALK 18" R,va FROM CURB FACE 24" ALLOWABLE x OM CUR ADA PATH MIN. 60' MONUMENT STP.. wt -906 N5►k A AVENt1E _ t10WIDE SIDEWALK ~� SIGN 92 SIGN # 2 LOT 118.21 SIDEWALK SECTION LONG. 118.215585` LONG BEACH BLVD. WISCONSIN AVE. LEGEND: LYNWOOD MONUMENT ENGINEERS MONUMENT SIGN (4)0 DECORATIVE SIGNAGE4 DAi'E:7-261 N. .S. J IMPERIAL HIGHWAY'" SIGN #3--l"e � IMPERIAL H WY. 1-105 HIGHWAY ;S Z t - J W'; g.wow.lk t o. v $0 A 1 ul-l' SIGN 03 LAT. 33.970181• LONG. -119123480' RW 4 I I 2' 96 4'8 FROM CUR rr i•\ I MONUMENT IMPERIAL HWY. z10'MDI SIDEWALK -1 SIGN # 3 SIDEWALK SECTION IMPERIAL HM PHILADELPHIA WAY ti CENTER MONUMENT IN MEDIAN STR. STR MEDIAN SECTION LEGEND: LYNWOODMONUMENT J MONUMENT SION(4) a DECORATIVE SIGNAGE OAfE. 7.2F1] N. .S. ENGINEERS d uI 0 m s 4 C? d Lu m V z 0 J ORCHARD. AVFNUE S SIGN # 4 513NY' LAT. 33.8'1965' LOW BEACH BLVD. LONG. -8 20904X ORCHARD AVE. ti CENTER MONUMENT IN MEDIAN STR. STR MEDIAN SECTION LEGEND: LYNWOODMONUMENT J MONUMENT SION(4) a DECORATIVE SIGNAGE OAfE. 7.2F1] N. .S. ENGINEERS END OF PS&E DOCUMENT Part 4 AGENDA STAFF REPORT WWI - DATE: July 31, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manager PREPARED BY: Noel Tapia, City Attorney SUBJECT: Introduce an Ordinance for First Reading Establishing a Citizen Oversight Committee to Advise on Commercial Cannabis and the Expenditure of Measure PS Funds Recommendation: Staff recommends: 1. That City Council introduce an Ordinance for First Reading entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ADDING SECTION 2-28, "CITIZEN OVERSIGHT COMMITTEE" TO CHAPTER 2, "ADMINISTRATION" OF THE LYNWOOD MUNICIPAL CODE, ESTABLISHING THE PROCEDURES OF A CITIZEN OVERSIGHT COMMITTEE TO ADVISE ON COMMERCIAL CANNABIS AND THE EXPENDITURE OF MEASURE PS FUNDS, AND PROVIDING THE TERMS AND RESPONSIBILITIES OF THE COMMITTEE MEMBERS" 2. That City Council bring back the Ordinance for Second Reading and Adoption on August 15, 2017. Background: In furtherance of the goals of the Commercial Cannabis Business objectives, and in furtherance of the requirement to create a citizen oversight committee upon the approval of Measure PS, the City of Lynwood desires to create a Citizen Oversight Committee to assist and provide guidance to the City Council on policy matters relating to the Commercial Cannabis Industry and the expenditure of Measure PS funds. Accordingly, on June 27, 2017, the City Council adopted Resolution No. 2017-119 authorizing the creation of said Citizen Oversight Committee to advise on commercial cannabis and the expenditure of Measure PS funds. Said Resolution also direct d&NDA City Attorney to bring back an ordinance articulating that process. ITEM 1 aq The Ordinance establishes the procedures to establish a Citizen Oversight Committee, and provides for the terms and responsibilities of the Citizen Oversight Committee Members. Discussion & Analysis: On July 19, 2016, the City Council adopted Resolution No. 2016-162 calling for the holding of a Special Municipal Election to be held on Tuesday, November 8, 2016 in the City of Lynwood. One of the items on the ballot of the Special Municipal Election to be considered by the public was Measure PS. Measure PS asked the public to consider whether the public authorized the City of Lynwood to establish a one -cent sales tax to help fund vital city services including emergency response, neighborhood police patrols, sheriff's deputies and gang detectives, gang, drug and youth violence prevention programs, fire protection, street and pothole repair and parks and recreation programs and other essential general services. Measure PS requires independent annual financial audits, the creation of a citizen oversight committee and public review of all expenditures. The public approved Measure PS with 75.18% of all ballots cast voting in favor of Measure PS. On December 20th, 2016, the City Council adopted Ordinance No. 1688, which had the effect of allowing for cultivation and manufacturing of Cannabis in the City of Lynwood. As a result of this action, the City Council wishes to create a "Commercial Cannabis Oversight Committee" to provide guidance and policy recommendations. On June 27, 2017, the City Council adopted Resolution No. 2017-119 authorizing the creation of an Oversight Committee to advise on commercial cannabis and the expenditure of Measure PS funds. The Resolution directed the City Attorney to bring back an ordinance articulating that process. Some of the provisions of the attached Ordinance establishing a "Citizen Oversight Committee" include: • Citizen Oversight Committee shall consist of a total of five (5) members, with each Councilmember appointing one (1) member. • Members must reside in the City of Lynwood at the time of their appointment, and for the duration of their term. • The members shall be appointed to a term of two (2) years. • Members of the Citizen Oversight Committee shall be paid a stipend of fifty dollars ($50.00) for each monthly meeting he or she attends. • Committee members shall serve at the pleasure of their appointing authority, and may be removed without cause. N • The function and duty of the Oversight Committee is to assist, provide guidance, and make recommendations to the City Council on policy matters and policy implementation relating to the Commercial Cannabis Industry, and the allocation and expenditure of Measure PS funds. The Oversight Committee may make reports and written recommendations to City Council, as deemed appropriate. Following the adoption of the Ordinance, and while the Ordinance takes effect, the City Council may direct staff in the City Clerk's Office to advertise the vacancies pursuant to the Maddy Act, Government Code Section 54972, which provides that the City advertises for applicants and gives notice of said vacancies to the public. Fiscal Impact: There is a minor fiscal impact associated with a stipend payable to the Citizen Oversight Committee members if the City Council adopts such language in the attached Ordinance. Currently, the Ordinance includes that a stipend shall be payable to members for $50.00 per meeting attended. Coordinated With: City Manager's office City Attorney's Office Attachments: - Ordinance 3 ORDINANCE NO. ---- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ADDING SECTION 2-28, "CITIZEN OVERSIGHT COMMITTEE" TO CHAPTER 2, "ADMINISTRATION" OF THE LYNWOOD MUNICIPAL CODE, ESTABLISHING THE PROCEDURES OF A CITIZEN OVERSIGHT COMMITTEE TO ADVISE ON COMMERCIAL CANNABIS AND THE EXPENDITURE OF MEASURE PS FUNDS, AND PROVIDING THE TERMS AND RESPONSIBILITIES OF THE COMMITTEE MEMBERS WHEREAS, on November 8, 2016, California voters approved Proposition 64, which had the effect of legalizing recreational marijuana statewide; and WHEREAS, with the passage of Prop 64, cities and counties were compelled to develop a process to allow for a variety of cannabis business related activities including: cultivation, manufacturing, dispensaries, processing, distribution and other similar related activities; and WHEREAS, on December 20, . 2016, the City of Lynwood, adopted Ordinance No. 1688, which added Chapter 4 Section 34 to Title 4 Licensing and Business Regulations of the Lynwood Municipal Code relating to the licensing and regulation of cannabis cultivation and manufacturing; and WHEREAS, the purpose of Ordinance No. 1688 is to regulate all commercial cannabis activity in the City of Lynwood, as defined in Section 19300.5 (j) of the California Business and Professions Code; and WHEREAS, on July 19, 2016, the City Council adopted Resolution No. 2016-162 calling for the holding of a Special Municipal Election to be held on Tuesday, November 8, 2016 in the City of Lynwood; and WHEREAS, one of the items on the ballot of the Special Municipal Election to be considered by the public was Measure PS; and WHEREAS, Measure PS (also referred to as the "Rainy Day Fund") asked the public to consider whether the public authorized the City of Lynwood to establish a one - cent sales tax to help fund vital city services including emergency response, neighborhood police patrols, sheriff's deputies and gang detectives, gang, drug and youth violence prevention programs, fire protection, street and pothole repair and parks and recreation programs and other essential general services; and WHEREAS, the public approved Measure PS with 75.18% of all ballots cast voting in favor of Measure PS; and WHEREAS, Measure PS requires independent annual financial audits, the creation of a citizen oversight committee and public review of all expenditures; and WHEREAS, in furtherance of the goals of the Commercial Cannabis Business objectives, and in furtherance of the requirement to create a citizen oversight committee upon the approval of Measure PS, the City of Lynwood desires to create a Citizen Oversight Committee to assist and provide guidance to the City Council on policy matters relating to the Commercial Cannabis Industry and the expenditure of Measure PS funds; and WHEREAS, on June 27, 2017, the City Council adopted Resolution No. 2017- 119 authorizing the creation of said Oversight Committee to advise on commercial cannabis and the expenditure of Measure PS funds, and directing the City Attorney to bring back an ordinance articulating that process; and WHEREAS, this Ordinance establishes the procedures to establish a Citizen Oversight Committee, and provides for the terms and responsibilities of the Citizen Oversight Committee Members. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Lynwood hereby determines and finds that the Recitals set forth above are true and correct, and incorporates them herein as findings. SECTION 2. A new Section 2-28, "Citizen Oversight Committee" of Chapter 2, "Administration" is hereby added to the Lynwood Municipal Code, to read as follows: 2-28-1 ESTABLISHED A "Citizen Oversight Committee" is hereby established. 2-28-2 COMPOSITION AND APPOINTMENT OF MEMBERS The Citizen Oversight Committee shall consist of a total of five (5) members, with each Councilmember appointing one (1) member. For purposes of this section, each Councilmember shall be deemed the "appointing authority." 2-28-3 RESIDENCY REQUIREMENT Members must reside in the City of Lynwood at the time of their appointment, and for the duration of their term. 2-28-4 TERM The members shall be appointed to a term of two (2) years. Members may be reappointed to subsequent terms. If the appointing Councilmember no longer serves, then the term of his or her appointed member may expire if the new Councilmember exercises his or her authority to appoint a new member of his or her choosing. K 2-28-5 COMPENSATION Members of the Citizen Oversight Committee shall be paid a stipend of fifty dollars ($50.00) for each monthly meeting he or she attends. 2-28-6 REMOVAL Committee members shall serve at the pleasure of their appointing authority, and may be removed without cause. 2-28-7 ORGANIZATION AND MEETINGS The members shall elect a chairperson and vice chairperson, who shall serve for a one (1) year term. The Citizen Oversight Committee shall meet at Lynwood City Hall, once a month, and at an established date and time suitable for this purpose, as established by the Oversight Committee, in consultation with the City Manager, or his or her designee. 2-28-8 SCOPE OF DUTIES The Oversight Committee, in consultation with the City Manager, shall establish rules and procedures for the conduct of its meetings and duties. It shall be the function and duty of the Oversight Committee to assist, provide guidance, and make recommendations to the City Council on policy matters and policy implementation relating to the Commercial Cannabis Industry, and the allocation and expenditure of Measure PS funds. The Oversight Committee may make reports and written recommendations to City Council, as deemed appropriate. 2-28-9 CITY STAFF ASSISTANCE The City Manager, or his or her designee, may provide the Oversight Committee with staff assistance. 2-28-10 VACANCY A vacancy on the Oversight Committee will exist whenever a member resigns, ceases to reside in the City of Lynwood, dies, or is removed. The vacancy shall be filled by appointment by the Councilmember who appointed said member for the unexpired portion of such term. 2-28-11 ABSENCES Section 2-12-1 of the Lynwood Municipal Code shall apply to absences of Oversight Committee members, and implications and/or consequences for same. Section 3. The City Manager or her designee is authorized to take action as may be necessary to implement this Ordinance. Section 4. The Mayor or presiding office of the City of Lynwood City Council is hereby authorized to affix their signature to this Ordinance signifying its adoption by the City Council of the City of Lynwood. 3 Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. Section 6. The City Clerk of the City of Lynwood shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. First read at a regular meeting of the City Council held on the 315t day of July, 2017 and adopted and ordered published at a regular meeting of said Council on the 15th of August, 2017. PASSED, APPROVED AND ADOPTED this 31St day of July 2017. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney :I Maria T. Santillan-Bess, Mayor APPROVED AS TO CONTENT: Alma K. Martinez, City Manager STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 31St day of July 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. XXXX in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 15th day of August, 2017. Maria Quinonez, City Clerk 5