HomeMy Public PortalAbout2022.245 (08-02-22) RESOLUTION NO. 2022.245
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
ACCEPTING GO GREEN PROJECT, PROJECT NO. 4011.67.856 AS
COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF
COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S
OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER
THE ACCEPTANCE; AND AUTHORIZING THE PREPARATION OF A
PRE-INVOICE AND PRE-PAYMENT TO MEET THE DEADLINE ON
RETENTION RELEASE BY THE CALIFORNIA ENERGY COMMISSION
WHEREAS, on November 17, 2020, the City Council approved an Amended and
Restated Energy Savings Performance Agreement with LERVS, LLC LERVS, also known
as Go Green, has undertaken the implementation of various Energy Conservation
Measures that includes the following: 1) exterior lighting upgrades to LED at Adolfo
Medina Park, Yvonne Burke-John D. Ham Park, City Hall, Community Center, Lynwood
Park, Natatorium, Public Works Yard, and Rose Park; 2) street lighting conversion of City
owned street lights to LED citywide; 3) transformer replacements at the Public Works
Yard and Community Center; 4) HVAC replacements at City Hall and Public Works Yard;
and
WHEREAS, on May 10, 2022, Public Works Department accepted the project as
complete; and
WHEREAS, the City and the State of California Energy Commission (CEC)
entered into a Loan Agreement to fund certain energy efficiency measures, and
WHEREAS, the CEC requires that all payments be made to the contractor by
September 30, 2022 and the Project be completed before CEC releases the 10%
retention on its loan; and
WHEREAS, to meet this deadline, staff recommends that a pre-invoice and pre-
payment be issued for the 5% retention owed to LERVS ahead of the next warrant run
and that the payment only to be released when the 35 days has passed.
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 of the City of Lynwood accepts the Go Green
Project, Project No. 4011.67.856 as complete in accordance with contract documents and
authorizes the Director of Public Works or his designee to process the recordation of the
Notice of Completion.
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Section 2. That the City Council authorizes the City Manager or his designee to
issue a pre-payment and a pre-invoice payment of the 5% retention owed to the
Contractor ahead of the next warrant run, and such payment to be released after the 35
days has passed upon filing of the Notice of Completion to meet the September 30, 2022
deadline imposed by the California Energy Commission.
Section 3. That the City Manager or his designee to take action as necessary to
resolve any pending labor compliance issue including any adjustment to the retention to
be released if necessary.
Section 4. This resolution shall go into effect immediately upon its adoption.
Section 5. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 2"d day of August 2022.
Jorge Ma or __
ATTEST:
Maria Quinonez, Ernie H n dez,
City Clerk City Mtqp4er
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
V.,i rZ�L�� _-Iol_�
Noel Tapia, Ernie H an ez,
City Attorney Interim it or of Public Works
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Section 2. That the City Council authorizes the City Manager or his designee to
issue a pre-payment and a pre-invoice payment of the 5% retention owed to the
Contractor ahead of the next warrant run, and such payment to be released after the 35
days has passed upon filing of the Notice of Completion to meet the September 30, 2022
deadline imposed by the California Energy Commission.
Section 3. That the City Manager or his designee to take action as necessary to
resolve any pending labor compliance issue including any adjustment to the retention to
be released if necessary.
Section 4. This resolution shall go into effect immediately upon its adoption.
Section 5. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 2"d day of August 2022.
Jorge Ma or ___ .-
ATTEST:
ww� .
Maria Quinonez, Ernie H n dez,
City Clerk City MJDptJer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia, Ernie H an ez,
City Attorney Interim it or of Public Works
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do
hereby certify that the foregoing Resolution was passed and adopted by the City
Council of the City of Lynwood at a meeting held on the 2nd day of August, 2022.
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Maria Quinonez,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the
Clerk of the City Council of said City, do hereby certify that the above foregoing is a
full, true and correct copy of Resolution No. 2022.245 on file in my office and that
said Resolution was adopted on the date and by the vote therein stated. Dated this
2"d day of August, 2022.
Wdie'�� 6'� --
Maria Quinonez,
City Clerk
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