HomeMy Public PortalAbout2023-10-03-Lynwood_Agenda_Regular1.CALL TO ORDER
2.CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3.ROLL CALL OF COUNCIL MEMBERS
4.PLEDGE OF ALLEGIANCE
5.INVOCATION
This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or
other written documentation relating to each item of business referred to on the Agenda are on file in the Office
of the City Clerk and are available for public inspection. Any person who has a question concerning any of the
agenda items may call the City Manager at (310) 603-0220, ext. 200.
Procedures for Addressing the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO
ADDRESS THE COUNCIL SUBMIT YOUR COMMENTS IN ADVANCE TO
CITYCLERK@LYNWOODCA.GOV OR FILL OUT A FORM PROVIDED AT THE PODIUM, AND TO TURN IT
IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A
FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE
UNANIMOUS CONSENT OF THE COUNCIL.
AGENDA
City Council Regular Meeting
TO BE HELD ON
October 3, 2023
COUNCIL CHAMBERS - 11350 BULLIS ROAD. LYNWOOD, CA 90262 OR WEB
CONFERENCE VIA ZOOM - TO PARTICIPATE VIA ZOOM OR BY TELEPHONE: 1-669-
900-9128 OR 1-253-215-8782 MEETING ID: 835 2029 8238
Duly Posted on 9/29/23 By MQ
6:00 PM
Oscar Flores, Mayor
Rita Soto, Mayor Pro Tem
Gabriela Camacho, Council Member
Juan Munoz-Guevara, Council Member
Jose Luis Solache, Council Member
City Council Regular Meeting
1
6.PRESENTATIONS/PROCLAMATIONS
7.COUNCIL RECESS TO:
8.CONSENT CALENDAR
8.1 APPROVAL OF THE WARRANT REGISTER
8.2 Urgency Ordinance No Warehouse and Trucking Uses Moratorium Report per
Government Code Section 65858
Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3
(D)).
City Video(s)
Lynwood Successor Agency
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE
COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED
ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO
SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY
REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A
FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).)
ALL MATTERS LISTED UNDER THE CONSENT CALENDAR WILL BE ACTED UPON BY
ONE MOTION AFFIRMING THE ACTION RECOMMENDED ON THE AGENDA. THERE
WILL BE NO SEPARATE DISCUSSION ON THESE ITEMS PRIOR TO VOTING UNLESS
MEMBERS OF THE COUNCIL OR STAFF REQUEST SPECIFIC ITEMS TO BE REMOVED
FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.
Comments:
City of Lynwood warrant register dated October 03, 2023 for FY 2023-2024
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the
warrant register dated October 03, 2023 for FY2023-2024.
Comments:
Receive and File a report to the City Council to prepare for an extension to Urgency
Ordinance No. ____ per Government Code Section 65858. (CD)
Recommendation:
Receive and File a 10 day report to the City Council to prepare for an extension to
Urgency Ordinance No. ____ per Government Code Section 65858
City Council Regular Meeting
2
8.3 PROJECT ACCEPTANCE FOR THE STONEACRE AVENUE IMPROVEMENT
PROJECT BETWEEN CARLIN AVENUE AND MCMILLAN STREET PROJECT, FY
2022-2023 (CIP 4011.68.111)
8.4 PARADE PRODUCTION SERVICES AGREEMENT AND STREET CLOSURES FOR
THE CITY’S 2023 CANDY CANE LANE CHRISTMAS PARADE
9.NEW/OLD BUSINESS
9.1 APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT
BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 4) PROJECT, FY 2023-2024 (CIP
Comments:
The City of Lynwood and the City of Compton entered a cost sharing agreement for
improvements on Stoneacre Avenue between Carlin Avenue and McMillan Street. With
the approved agreement between the two cities staff prepared plans and specifications
for improvements along Stoneacre Avenue and City Council awarded a construction
contract to Sequel Contractors Inc. The Stoneacre Avenue Improvement project between
Carlin Avenue and McMillan Street has been completed and is now ready to be accepted
by City Council. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING
THE STONEACRE AVENUE IMPROVEMENT PROJECT BETWEEN CARLIN AVENUE
AND MCMILLAN STREET PROJECT, FY 2022-2023 (CIP 4011.68.111) AS COMPLETE;
AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS
ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5%
RETENTION 35 DAYS AFTER THE ACCEPTANCE.”
Comments:
Lynwood’s annual Candy Cane Lane Christmas Parade is a long-standing community
tradition. Pageantry Parades has successfully served as the City’s parade production
company for over 30 years. Staff is recommending approval to enter into a written scope
of services agreement with Pageantry Parades to produce and coordinate the City’s 2023
Candy Cane Lane Christmas Parade lineup. Additionally, staff is requesting approval of
street closures associated with the parade.
Recommendation:
Staff recommends that the City Council consider and adopt the attached resolution
entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
PAGEANTRY PARADES TO PROVIDE PRODUCTION SERVICES FOR THE 2023
CANDY CANE LANE CHRISTMAS PARADE AND APPROVING OF STREET
CLOSURES NEEDED TO EXECUTE THE PARADE AND SUPPORTING ACTIVITIES.”
City Council Regular Meeting 3
PROJECT NO. 4011.68.128)
9.2 AWARD OF CONTRACT TO GENTRY BROTHERS INC. FOR CIP PRIORITY 2
STREET IMPROVEMENT PROJECT PHASE 2B (CIP 4011.68.123) AND APPROVAL
OF TRANSFER OF FUNDS FROM CIP PROJECT (4011.68.127 & 4011.68.128)
10.CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
11.STAFF ORAL COMMENTS
Comments:
The City of Lynwood is currently under construction for Phase 3 and 4 of the Four-Phase
Citywide slurry seal program. The Plans and Specifications for Phase 4 have been
completed and reviewed by Staff. Staff is requesting City Council to approve the plans
and specifications and authorize the advertisement of Notice of Inviting Bids for Slurry
Seal Phase 4. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF
NOTICE INVITING BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 4) PROJECT,
FY 2023-2024 (CIP PROJECT NO. 4011.68.128).”
Comments:
Staff has prepared plans and specifications for the Priority 2 Phase 2B Street
Improvement Project. With City Council’s approval, staff solicited bids for construction of
the Priority 2 Phase 2B Street Improvement Project. Upon review of bids, staff
recommends that City Council award the contract to Gentry Brothers Inc. in the amount of
$1,479,484.04. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A
CONTRACT TO GENTRY BROTHERS INC. FOR THE CIP PRIORITY 2 STREET
IMPROVEMENT PROJECT PHASE 2B (CIP 4011.68.123), AUTHORIZING THE CITY
MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT
AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND APPROVING
THE TRANSFER OF FUNDS FROM CIP PROJECT ACCOUNTS 4011.68.127 AND
4011.68.128”.
City Council Regular Meeting
4
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON OCTOBER 17, 2023 AT 6:00 P.M. IN
THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF
LYNWOOD, CALIFORNIA.
City Council Regular Meeting 5
AGENDA STAFF REPORT
DATE:October 3, 2023
TO:Honorable Mayor and Members of the City Council
APPROVED BY:Ernie Hernandez, City Manager
PREPARED BY:Harry Wong, Director of Finance & Administration
Mohammad Islam, Accounting Technician
SUBJECT:APPROVAL OF THE WARRANT REGISTER
CC WARRANT RESOLUTION TEMPLATE -10-3-2023.pdf
WARRANT RUN -10-3-2023.pdf
Agenda Item # 8.1.
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the
warrant register dated October 03, 2023 for FY2023-2024.
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
FY 2023-2024
Coordinated With:
City Manager
City Attorney
ATTACHMENTS:
Description
City Council City Council Regular Meeting 6
RESOLUTION NO. 2023.XXX
Warrant Registers Dated 10-03-2023
PASSED, APPROVED and ADOPTED this 03rd day of October_, 2023.
Oscar Flores, Mayor
ATTEST:
__________________________
Maria Quiňonez, Ernie Hernandez,
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________
Noel Tapia, Harry Wong,
City Attorney Director of Finance and Administration
7
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 03rd day of October, 2023.
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
________________________
Maria Quiňonez,
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk
of the City Council of said City, do hereby certify that the above foregoing is a full, true and
correct copy of Resolution No. 2023.XXX on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this _03rd day of October, 2023.
___________________________
Maria Quiňonez,
City Clerk
8
apCkHist Void Check Listing Page:1
09/26/2023 8:47AM City of Lynwood
Bank code: apbank
Void Check# Date Vendor ClearNoid Date Reason-Void/Reissue Inv. Date Amount Paid Check Total
206512 01/17/2023 013290 ARTURO RAMIREZ 09/25/2023 ST ALE DATED -208779 01/04/2023 50.00 50.00
206610 01/17/2023 000802 KENNETH WEST 09/25/2023 STALE DATED -208861 01/04/2023 50.00 50.00
207160 03/21/2023 008664 PINS ADVANTAGE 09/25/2023 STALE DATED -208768 02/28/2023 137.50 137.50
207314 04/04/2023 000802 KENNETH WEST 09/25/2023 STALE DATED -208861 03/14/2023 50.00 50.00
207376 04/18/2023 009633 EVENT STEP AND REPEAT 09/25/2023 ST ALE DATED -208800 03/24/2023 80.48 80.48
207437 04/19/2023 009038 HARDIE GARY 09/25/2023 STALE DATED -208808 03/23/2023 50.00
09/25/2023 009038-021623 03/23/2023 50.00
09/25/2023 009038-031623 03/23/2023 50.00 150.00
207528 05/02/2023 011186 STANDARD GLASS & 09/25/2023 ST ALE DATED -208850 04/11/2023 140.00 140.00
207592 05/16/2023 013589 BNS FLEET SERVICE INC 09/25/2023 ST ALE DATED -208782 04/24/2023 380.00
09/25/2023 22844 04/24/2023 296.41
09/25/2023 22867 04/24/2023 289.52
09/25/2023 22863 04/24/2023 289.52
09/25/2023 22701 03/30/2023 95.00 1,350.45
207614 05/16/2023 006056 CWF FLOORING 09/25/2023 STALE DATED -208767 03/15/2023 3,691.33 3,691.33
207633 05/16/2023 012031 HARMONY PROJECT 09/25/2023 STALE DATED~ 208814 05/02/2023 4,176.00 4,176.00
207657 05/16/2023 011975 MOMAR, INC. 09/25/2023 STALE DATED -208827 04/12/2023 743.12 743.12
207740 05/24/2023 000802 KENNETH WEST 09/25/2023 000802-051022 05/11/2022 50.00 50.00
207884 06/06/2023 000802 KENNETH WEST 09/25/2023 STALE DATED -208861 05/16/2023 50.00 50.00
207957 06/20/2023 012031 HARMONY PROJECT 09/25/2023 STALE DATED -208814 05/25/2023 1,824.00 1,824.00
208136 07/18/2023 006056 CWF FLOORING 09/25/2023 STALE DATED -208766 06/29/2023 140.54 140.54
208208 07/18/2023 008664 PINS ADVANTAGE 09/25/2023 WRONG ADDRESS-208769 06/30/2023 137.50
09/25/2023 2498 05/31/2023 137.50 275.00
208227 07/18/2023 013909 SOMA ERGONOMICS INC. 09/14/2023 STALE DATED -208743 06/06/2023 758.85 758.85
Page: 1
9
apCkHist
09/26/2023 8:47AM
Bank code: apbank
Check# Date Vendor
Void Check Listing
City of Lynwood
Status ClearNoid Date Invoice Inv. Date
Page:2
Amount Paid Check Total -----------------------------------------------------------
208612 09/05/2023 008668 JOSE LUIS SOLACHE 09/12/2023 TRIP CANCEL-208740
09/12/2023 008668-092223
18 checks in th is report
09/30/2023
09/22/2023
apbank Total:
500.00
172.50
Total Checks:
672.50
14,389.77
14,389.77
Page:2
10
vchlist Prepaid-Check List Page: 3
09/25/2023 10:59:57AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount
208736 9/19/2023 013522 AMN MANAGEMENT, INC 16 06-010066 PROF & CONTRACTUAL SERVICES 22,552.50
Total: 22,552.50
208737 9/19/2023 013522 AMN MANAGEMENT, INC 17 06-010066 PROF & CONTRACTUAL SERVICES 21,855.00
Total: 21,855.00
208738 9/19/2023 009647 MV CHENG & ASSOCIATES, INC. 7131/2023 02-002675 PROF & CONTRACTUAL SERVICE 10,787.50
Total: 10,787.50
208739 9/19/2023 010249 SHIPE, SHANELL 010249-100423 PER DIEM 325.00
Total: 325.00
208741 9/13/2023 014004 CAZARES, RUTH 448102645 REFUND-CANCELLED CAMP 90.00
Total: 90.00
208742 9/13/2023 013639 EL PORTAL A TU BIENESTAR INC 622 PROF & CONTRACTUAL SERVICE 7,500.00
Total: 7,500.00
208743 9/14/2023 013909 SOMA ERGONOMICS INC. 2230157q OFFICE SUPPLIES 758.85
Total: 758.85
208744 9/18/2023 013550 EAGLE PORTABLES SANITATION LLC 8395 08-005200 COMMUNITY ACTIVITY EXPENSE 856.38
Total: 856.38
208745 9/18/2023 014009 RAMIREZ, ARTURO 091201 COMMUNITY ACTIVITY EXPENSE 1,323.00
Total: 1,323.00
208746 9/18/2023 000163 SOUTHERN CALIFORNIA EDISON 000163-09132023 UTILITY EXPENSE 32,296.39
Total: 32,296.39
208747 9118/2023 013288 SPECTRUM 0543478081623 INTERNET SERVICES 219.98
Total: 219.98
208748 9118/2023 013288 SPECTRUM 0244895080123 INTERNET SERVICES 219.98
0244895090123 INTERNET SERVICES 219.98
Total: 439.96
Page: 3
11
vchlist Prepaid-Check List Page: 4
09/25/2023 10:59:57AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
208749 9/18/2023 013288 SPECTRUM 0603173081523 INTERNET SERVICES 188.93
Total: 188.93
208750 9/18/2023 013288 SPECTRUM 0031912081623 INTERNET SERVICES 150.02
Total: 150.02
208751 9/18/2023 014008 STAGEDROP LLC 140923 PROF & CONTRACTUAL SERVICES 4,383.19
Total: 4,383.19
208752 9/18/2023 012522 THE WRISTBAND MAN WBM6238US COMMUNITY ACTIVITY EXPENSE 487.54
Total: 487.54
208753 9/18/2023 013619 TOYOTA FINANCIAL SERVICES 0017362931-090623 01-001722 AUTO EXPENSE 777.65
Total: 777.65
2087S4 9/20/2023 006399 AT&T 000020415911 TELEPHNONE SERVICE 2,460.78
000020435585 TELEPHNONE SERVICE 108.01
000020464641 TELEPHNONE SERVICE 774.38
000020465854 TELEPHNONE SERVICE 208.22
000020499031 TELEPHNONE SERVICE 26.83
000020502299 TELEPHNONE SERVICE 108.19
000020502301 TELEPHNONE SERVICE 28.21
000020502302 TELEPHNONE SERVICE 336.23
000020502304 TELEPHNONE SERVICE 79.98
000020502308 TELEPHNONE SERVICE 108.19
000020502312 TELEPHNONE SERVICE 28.21
000020S02418 TELEPHNONE SERVICE 54.88
000020502419 TELEPHNONE SERVICE 54.88
000020502489 TELEPHNONE SERVICE 54.88
Total: 4,431.87
208755 9/20/2023 000955 CENTRAL BASIN MUNICIPAL WATER LYN-AUG23 06-010040 PROF & CONTRACTUAL SERVICES 3,280.49
Total: 3,280.49
208756 9/20/2023 001987 DISTRICT OF SOLTTHERN CALIF., WATER 0122512-Lynwood Well 06-009997 PROF & CONTRACTUAL SERVICES 357,336.17
JULY 31 2023 06-009997 PROF & CONTRACTUAL SERVICES 186,813.72
Total: 544,149.89
Page: 4
12
vchlist Prepaid-Check List Page: 5
09/25/2023 10:59:57AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
208757 9/20/2023 011188 INSURANCE COMPANY, THE LINCOLN 4587544807 LTD PREMIUM 9/2023 4,915.67
4598779276 LTD PREMIUM 10/2023 4,634.21
Total: 9,549.88
208758 9/20/2023 000486 LIBERTY UTILITIES 200006750273-090523 PROF & CONTRACTUAL SERVICES 137.01
200006750281 PROF & CONTRACTUAL SERVICES 18.67
200006750299-090623 PROF & CONTRACTUAL SERVICES 18.67
Total: 174.35
208759 9/20/2023 013425 MATSON, PATRICK 013425-091523-1 REIMBURSEMENT-TRAVEL 531.97
Total: 531.97
208760 9/20/2023 013435 ORBIT EVENT RENTALS 51652 08-005205 COMMUNITY ACTIVITY EXPENSE 11,602.75
Total: 11,602.75
208761 9/20/2023 000163 SOUTHERN CALIFORNIA EDISON 000163-09182023 UTILITY EXPENSE 39,956.13
Total: 39,956.13
208762 9/20/2023 000164 THE GAS CO. 00016409202023 UTILITY EXPENSE 2,664.49
Total: 2,664.49
208763 9/20/2023 011963 WEX BANK 91782042 06-009989 FUEL CHARGES 15,236.96
Total: 15,236.96
208764 9/20/2023 014010 FIFTH ASSET, INC. D62000299 SUBSCRIPTION SERVICES 6,500.00
Total: 6,500.00
208766 9/25/2023 006056 CWF FLOORING 29885 08-005173 OPERATING SUPPLIES 140.54
Total: 140.54
208767 9/25/2023 006056 CWF FLOORING 29254 08-005115 OPERATING SUPPLIES 3,691.33
Total: 3,691.33
208768 9/25/2023 008664 PINS ADVANTAGE 2403 05-001948 CERTIFICATE OF INSURANCE 137,50
Total: 137.50
31 Vouchers for bank code : apbank Bank total: 747,040.04
Page: 5
13
vchlist
09/25/2023 10:59:57AM
Bank code: apbank
Voucher Date Vendor -----------------------
31 Vouchers in this report
Prepaid-Check List
City of Lynwood
Invoice
Page: 6
PO# Description/Account Amount -------
Total vouchers: 747,040.04
Page: 6
14
vchlist
09/25/2023 10:56:06AM
Bank code:
Voucher
208740
208769
apbank
Date Vendor
9/13/2023 008668 SOLACHE, JOSE LUIS
9/25/2023 008664 PINS ADVANTAGE
2 Vouchers for bank code :
2 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
008668-093023
2498
2531
Page: 7
PO# Description/Account Amount
ELECTRONIC/MEDIA-AUTO EXPENSE 500.00
Total: 500.00
05-001948 CERTIFICATE OF INSURANCE 137.50
05-001948 CERTIFICATE OF INSURANCE 137.50
Total: 275.00
Bank total; 775.00
Total vouchers: 775.00
Page: 7
15
vchlist
09/25/2023 11 :02:18AM
Bank code:
Voucher
208765
apbank
Date Vendor
9/21/2023 013084 LE, JESSICA
1 Vouchers for bank code :
1 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
Ben156225
PO# Description/Account
JESSICA HERRERA: PAYMENT
Total:
Bank total:
Total vouchers :
Page: 8
Amount
293.00
293.00
293.00
293.00
Page: 8
16
vchlist Check List Page: 9
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
208770 10/3/2023 013931 AETNA RESOURCES FOR LIVING E0300753 05-001970 PROF & CONTRACTUAL SERVICES 218.23
Total: 218.23
208771 10/3/2023 013500 AIR CONDITIONING&REFRIGERATION, 179935 RREPAIRS AND MAINTENANCE 763.57
Total: 763.57
208772 10/3/2023 011719 ALL STAR ELITE SPORTS 3572 STAFF UNIFORMS 749.33
3714 STAFF UNIFORMS 1,872.93
Total: 2,622.26
208773 10/3/2023 013497 AL TA LANGUAGE SERVICES, INC 1S671500 PROF & CONTRACTUAL SERVICES 55.00
Total : 55.00
208774 10/3/2023 010746 ALVAREZ-GLASMAN & COLVIN 2023-05-20760-5 01-001805 LEGAL SERVICES 352.00
2023-06-20 770 01-001805 LEGAL SERVICES 6,838.50
2023-06-20770-1 01-001805 LEGAL SERVICES 7,731.50
2023-06-20770-2 01-001805 LEGAL SERVICES 6,394.00
2023-06-20770-3 01-001805 LEGAL SERVICES 2,290.00
2023-06-20770-4 01-001805 LEGAL SERVICES 462.00
2023-06-20770-5 01-001805 LEGAL SERVICES 44.00
2023-06-20770-6 01-001805 LEGAL SERVICES 15,208.58
2023-06-20770-7 01-001805 LEGAL SERVICES 94.00
2023-06-20771 01-001787 LEGAL SERVICES 2,702.50
2023-06-20772 01-001805 LEGAL SERVICES 238.50
2023-06-20773 01-001805 LEGAL SERVICES 450.50
Total: 42,806.08
208775 10/3/2023 013522 AMN MANAGEMENT, INC 18 06-010066 PROF & CONTRACTUAL SERVICES 24,955.00
Total: 24,955.00
208776 10/3/2023 011094 AM-TEC TOTAL SECURITY, INC. 631271 06-010005 PROF & CONTRACTUAL SERVICES 162.00
631357 06-010005 PROF & CONTRACTUAL SERVICES 65.85
Total: 227.85
208777 10/3/2023 012693 ANIMAL EMERGENCY, LONG BEACH 689185 11-002264 ANIMAL EMERGENCY VETERINARY 414.10
689285 11-002264 ANIMAL EMERGENCY VETERINARY 434.52
Page: 9
17
vchlist Check List Page: 10
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount
208777 10/3/2023 012693 ANIMAL EMERGENCY, LONG BEACH (Continued)
689325 11-002264 ANIMAL EMERGENCY VETERINARY 303.22
689656-689665 11-002264 ANIMAL EMERGENCY VETERINARY 492.99
689824-689851-689885 11-002264 ANIMAL EMERGENCY VETERINARY 1,948.09
689887 11-002264 ANIMAL EMERGENCY VETERINARY 278.95
689969-690104-690161 11-002264 ANIMAL EMERGENCY VETERINARY 201.80
690055-690056 11-002264 ANIMAL EMERGENCY VETERINARY 231.41
690614 11-002264 ANIMAL EMERGENCY VETERINARY 735.01
690644 11-002264 ANIMAL EMERGENCY VETERINARY 259.76
690846 11-002264 ANIMAL EMERGENCY VETERINARY 601.43
690894 11-002264 ANIMAL EMERGENCY VETERINARY 1,060.60
690895 11-002264 ANIMAL EMERGENCY VETERINARY 609.45
690896-690951 11-002264 ANIMAL EMERGENCY VETERINARY 556.44
690912 11-002264 ANIMAL EMERGENCY VETERINARY 470.82
691114 11-002264 ANIMAL EMERGENCY VETERINARY 197.73
691140 11-002264 ANIMAL EMERGENCY VETERINARY 307.25
691341 11-002264 ANIMAL EMERGENCY VETERINARY 204.75
691539 11-002264 ANIMAL EMERGENCY VETERINARY 287.45
691540 11-002264 ANIMAL EMERGENCY VETERINARY 361.77
691979 11-002264 ANIMAL EMERGENCY VETERINARY 408.39
691996-692005 11-002264 ANIMAL EMERGENCY VETERINARY 830.47
692008 11-002264 ANIMAL EMERGENCY VETERINARY 267.89
Total: 11,464.29
208778 10/3/2023 013882 ANTHEM SPORTS 378234 08-005187 OPERATING SUPPLIES 472.59
Total: 472.59
208779 10/3/2023 013290 ARTURO RAMIREZ 013290-121322 11-002150 PLANNING COMMISSIONER STIPEND 50.00
Total: 50.00
208780 10/3/2023 003993 ASCAP 003993-083123 LICENSE FEE 519.65
Total: 519.65
208781 10/3/2023 004986 BIOMETRICS4ALL, INC COLYN0111 LIVE SCAN RELAY FEE 8/1/2023 5.25
Total: 5.25
208782 10/3/2023 013589 BNS FLEET SERVICE INC 22701 06-009616 REPAIRS AND MAINTENANCE 95.00
Page: 10
18
vchlist Check List Page: 11
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
208782 10/3/2023 013589 BNS FLEET SERVICE INC (Continued)
22842 06-009616 REPAIRS AND MAINTENANCE 380_QQ
22844 06-009616 REPAIRS AND MAINTENANCE 296.41
22863 06-009616 REPAIRS AND MAINTENANCE 289.52
22867 06-009616 REPAIRS AND MAINTENANCE 289.52
Total: 1,350.45
208783 10/3/2023 007782 CAMACHO, GABRIELA 007782-103123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00
Total: 500.00
208784 10/3/2023 013245 CARLO MAGNO 0381776 REPAIRS AND MAINTENANCE 435.00
Total: 435.00
208785 10/3/2023 012237 CARMELO, MARIO 002405-0060 REFUNDABLE DEPOSIT-EVENT 100.00
Total: 100.00
208786 10/3/2023 001195 CDW GOVERNMENT LH51195 12-000451 OPERATING SUPPLIES 8,882.18
Total: 8,882.18
208787 10/3/2023 009302 CHESSER, CHRISTINE 189908066 COMMUNITY ACTIVITY EXPENSE 350.00
21544831 COMMUNITY ACTIVITY EXPENSE 250.00
Total: 600.00
208788 10/3/2023 008107 CHICAGO TITLE COMPANY FCPF-0912301453-3 11-002265 HOME/CDBG PROGRAM 101.00
FCPF-0912302772-3 11-002265 HOME/CDBG PROGRAM 30.00
Total: 131.00
208789 10/3/2023 002319 CINDY'S JUMPERS 68989 08-005186 COMMUNITY ACTIVITY EXPENSE 1,058.00
Total: 1,058.00
208790 10/312023 001168 CINTAS CORPORATION NO. 2 5173753854 08-005199 FIRST AID SUPPLIES 258.92
5173753868 08-005199 FIRST AID SUPPLIES 228.88
8406411812 08-005199 FIRST AID SUPPLIES 589.16
8406411813 08-005199 FIRST AID SUPPLIES 145.67
Total: 1,222.63
208791 10/3/2023 013182 COLOCHO-MARTINEZ, JOHANA 002621-0044 REFUNDABLE DEPOSIT-EVENT 200.00
Page: 11
19
vchlist Check List Page: 12
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount
208791 10/3/2023 013182 013182 COLOCHO-MARTINEZ, JOHANA (Continued) Total: 200.00
208792 10/3/2023 010754 COOL IMAGE WATER, □BAI AMERICAN 1969 08-005185 PROF & CONTRACTUAL SERVICES 36.25
1970 08-005185 PROF & CONTRACTUAL SERVICES 223.96
1971 03-000450 PROF & CONTRACTUAL SERVICES 29.00
1973 01-001800 PROF & CONTRACTUAL SERVICES 129.90
1974 02-002671 PROF & CONTRACTUAL SERVICES 36.25
1975 05-001966 PROF & CONTRACTUAL SERVICES 25.98
1976 08-005185 PROF & CONTRACTUAL SERVICES 58.00
1978 08-005185 PROF & CONTRACTUAL SERVICES 43.50
1979 06-009970 PROF & CONTRACTUAL SERVICES 65.25
Total: 648.09
208793 10/3/2023 013725 CRAFTWATER ENGINEERING, INC. 21-058-8 06-009812 PROF & CONTRACTUAL SERVICES 17,264.91
21-058-9 06-009812 PROF & CONTRACTUAL SERVICES 18,082.26
Total: 35,347.17
208794 10/312023 013751 CUELLAR. LUIS GERARDO 013751-093023 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00
Total: 500.00
208795 10/3/2023 000305 CULLIGAN 1331379 06-009971 PROF & CONTRACTUAL SERVICES 81.52
Total: 81.52
208796 10/3/2023 000138 DAILY JOURNAL CORPORATION B3736104 03-000453 PUBLICATION SERVICES 340.00
Total: 340.00
208797 10/3/2023 003352 DEPT. OF JUSTICE CTRL SERVICES 677695 PROF & CONTRACTUAL SERVICES 32.00
Total: 32.00
208798 10/3/2023 013739 ENGINEERING SERVICES INC, PTM 2 06-009818 PROF & CONTRACTUAL SERVICES 61,811.56
Total: 61,811.56
208799 10/3/2023 013973 ENTERPRISE FM TRUST FBN4837388 06-010052 PROF & CONTRACTUAL SERVICES 4,538.78
Total: 4,538.78
208800 10/3/2023 009633 EVENT STEP AND REPEAT 16971 08-005076 COMMUNITY ACTIVITY EXPENSE 80.48
17845 08-005209 COMMUNITY ACTIVITY EXPENSE 214.62
Page: 12
20
vchlist Check List Page: 13
09l2512023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
208800 10/3/2023 009633 009633 EVENT STEP AND REPEAT {Continued) Total: 295.10
208801 10/312023 013881 FAGEN FRIEDMAN & FULFROST LLP 213603 05-001967 PROF & CONTRACTUAL SERVICES 7,198.94
Total: 7,198.94
208802 10/312023 003317 FAIR HOUSING FOUNDATION QUARTER1-JULY 11-002266 CDBG SUBRECIPIENT -PUBLIC 1,074.67
Total: 1,074.67
208803 10/312023 001087 FANTASY FLOWERS AND GIFTS 4466 08-005192 COMMUNITY ACTIVITY EXPENSE 187.43
4481 08-005192 COMMUNITY ACTIVITY EXPENSE 220.50
Total: 407.93
208804 10/312023 013757 FOSTER & FOSTER, INC. 28181 PROF & CONTRACTUAL SERVICE 3,000.00
Total: 3,000.00
208805 10/312023 003983 GALLS QUARTERMASTER BC1922062 11-002267 PUBLIC SAFETY UNIFORM 247.06
Total: 247.06
208806 10/312023 014015 GARCIA, NATALIA 002369-0043 REFUNDABLE DEPOSIT -EVENT 400.00
Total: 400.00
208807 10/312023 014016 GARRISON-TAPPAN, FELECIA 002585-0028 REFUNDABLE DEPOSIT-EVENT 250.00
Total: 250.00
208808 10/312023 009038 GARY, HARDIE 009038-012623 PERSONNEL BOARD STIPEND 50.00
009038-021623 PERSONNEL BOARD STIPEND 50.00
009038-031623 PERSONNEL BOARD STIPEND 50.00
Total: 150.00
208809 10/312023 013702 GOOD GUARD SECURITY INC 2766 08·005191 PROF & CONTRACTUAL SERVICES 14,735.88
2922 08-005190 PROF & CONTRACTUAL SERVICES 929.27
3049 08-005190 PROF & CONTRACTUAL SERVICES 226.65
Total: 15,891.80
208810 101312023 013702 GOOD GUARD SECURITY INC 3050 08-005190 PROF & CONTRACTUAL SERVICES 166.21
Total: 166.21
208811 1013/2023 014005 GOVERNMENT TAX SEMINARS 014005-12052023 REGISTRATION FEE 675.00
Page: 13
21
vchlist Check List Page: 14
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount
208811 10/3/2023 014005 014005 GOVERNMENT TAX SEMINARS (Continued) Total: 675.00
208812 10/3/2023 001510 GRAINGER, INC. 9834986110 06-010008 OPERATING SUPPLIES 670.50
Total: 670.50
208813 10/3/2023 000993 GRM INFORMATION MANAGEMENT 0483755 08-005197 PROF & CONTRACTUAL SERVICES 556.00
0485953-0485967 01-001801 PROF & CONTRACTUAL SERVICES 943.80
Total: 1,499.80
208814 10/3/2023 012031 HARMONY PROJECT 050223 11-002141 CDBG SUBRECIPIENT 4,176.00
052523 11-002141 CDBG SUBRECIPIENT 1,824.00
Total: 6,000.00
208815 10/3/2023 013321 HERNANDEZ, ERNIE 013321-07312023 ELECTRONIC/MEDIA-PROF-DEVELOPMENT 800.00
013321-08312023 ELECTRONIC/MEDIA-PROF-DEVELOPMENT 800.00
Total: 1,600.00
208816 10/3/2023 003338 HILL YARD-LOS ANGELES 605163080 06-010002 OPERATING SUPPLIES 719.87
605239806 06-010002 OPERATING SUPPLIES 392.60
605239808 06-010002 OPERATING SUPPLIES 475.41
605239810 06-010002 OPERATING SUPPLIES 973.73
800639368 06-010002 OPERATING SUPPLIES -576.02
Total: 1,985.59
208817 10/3/2023 000635 IDR ENVIRONMENTAL SERVICES 81291 06-010059 PROF & CONTRACTUAL SERVICES 2,794.23
Total: 2,794.23
208818 10/3/2023 013989 ILB ELECTRIC 1 06-010067 PROF & CONTRACTUAL SERVICES 66,284.82
Total: 66,284.82
208819 10/3/2023 011853 IWATER, INC. 9695 06-010009 PROF & CONTRACTUAL SERVICES 10,000.00
Total: 10,000.00
208820 10/3/2023 001269 JOHN L. HUNTER & ASSOCIATES L YN1 MS412307 06-010045 PROF & CONTRACTUAL SERVICES 11,028.75
L YN1 MS422307 06-010044 PROF & CONTRACTUAL SERVICES 260.40
Total: 11,289.15
208821 10/3/2023 013664 KOSMONT COMPANIES 2110. 7-014 11-002269 PROF & CONTRACTUAL SERVICES 4,011.80
Page: 14
22
vchlist Check List Page: 15
0912512023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
208821 10/3/2023 013664 KOSMONT COMPANIES (Continued)
2110.7-015 11-002269 PROF & CONTRACTUAL SERVICES 777.40
Total: 4,789.20
208822 10/3/2023 011873 LAW ORGANIZATION,LLP, OLIVAREZ 22641 PROF & CONTRACTUAL SERVICES 5,775.00
Total: 5,775.00
208823 10/3/2023 000866 LEAD TECH ENVIRONMENTAL 15573 11-002270 HOME/CDBG PROGRAM 225.00
Total: 225.00
208824 10/3/2023 013395 M&C CONSTRUCTION GROUP INC 2019 06-010073 FENCING AT NATATORIUM 1,800.00
2051 06-010073 FENCING AT NATATORIUM 1,800.00
2064 06-010073 FENCING AT NATATORIUM 1,800.00
2080 06-010073 FENCING AT NATATORIUM 1,800.00
Total: 7,200.00
208825 10/3/2023 014017 MIJANGOS, DANIEL 014017-082523 REIMBURSEMENT MILEAGE 37.99
Total: 37.99
208826 10/3/2023 013504 MINER, LTD 5310617240 06-010013 REPAIRS AND MAINTENANCE 492.58
Total: 492.58
208827 10/3/2023 011975 MOMAR, INC. PSl495650 06-009723 OPERATING SUPPLIES 743.12
Total: 743.12
208828 10/3/2023 007207 MUNI TEMPS 130277 03-000452 PROF & CONTRACTUAL SERVICES 6,320.00
Total: 6,320.00
208829 10/312023 012270 MUNIENVIRONMENTAL, LLC 23-033 06-010020 PROF & CONTRACTUAL SERVICES 19,068.75
Total: 19,068.75
208830 10/312023 013721 MUNOZ-GUEVARA, JUAN 013721-103123 ELECTRON IC/MEDIA-AUTO EXPENSE 500.00
Total: 500.00
208831 10/3/2023 00964 7 MV CHENG & ASSOCIATES, INC. 8/31/2023 02-002675 PROF & CONTRACTUAL SERVICE 15,387.50
Total: 15,387.50
208832 10/312023 000475 NATIONWIDE ENVIRONMENTAL SVCS. 33391 06-010021 PROF & CONTRACTUAL SERVICES 55,811.70
Page: 15
23
vchlist Check List Page: 16
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description! Account Amount
208832 10/3/2023 000475 NATIONWIDE ENVIRONMENTAL SVCS. (Continued)
33461 06-010048 PROF & CONTRACTUAL SERVICES 56,456.17
33462 06-010054 PROF & CONTRACTUAL SERVICES 3,089.32
33487 06-010048 PROF & CONTRACTUAL SERVICES 8,258.60
Total: 123,615.79
208833 10/3/2023 011922 NORTH STAR LAND CARE 1601-607 06-010046 PROF & CONTRACTUAL SERVICES 8,988.00
1601-608 06-010046 PROF & CONTRACTUAL SERVICES 2,700.00
1601-609 06-010046 PROF & CONTRACTUAL SERVICES 63,075.00
Total: 74,763.00
208834 10/3/2023 014013 NORTHSTAR PUBLISHING.INC 30242 PROF & CONTRACTUAL SERVICES 96.00
Total: 96.00
208835 10/3/2023 000078 ODP BUSINESS SOLUTIONS,LLC 329976009001 08-005204 OFFICE SUPPLIES 385.64
330426698001 03-000451 OFFICE SUPPLIES 314.17
330597854001 08-005204 OFFICE SUPPLIES 1,157.56
331944648001 03-000451 OFFICE SUPPLIES 35.98
Total: 1,893.35
208836 1013/2023 013552 ODP BUSINESS SOLUTIONS,LLC 323241394001 11-002272 OFFICE SUPPLIES 130.72
Total: 130.72
208837 10/3/2023 005562 ORKIN PEST CONTROL 246478071 PROF & CONTRACTUAL SERVICES 140.00
246478074 PROF & CONTRACTUAL SERVICES 120.00
247722398 PROF & CONTRACTUAL SERVICES 140.00
247722401 PROF & CONTRACTUAL SERVICES 120.00
249143181 PROF & CONTRACTUAL SERVICES 120.00
Total: 640.00
208838 10/3/2023 010945 PETDATA, INC. 12106 11-002274 PROF & CONTRACTUAL SERVICES 500.00
Total: 500.00
208839 10/3/2023 004854 PETTY CASH-FINANCE 004854-09122023 REPLENISH BOX 339.79
Total: 339.79
208840 10/3/2023 013970 PINS ADVANTAGE 2591 MONTHLY SUBSCRIPTION 137.50
Page: 16
24
vchlist Check List Page: 17
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
208840 10/312023 013970 013970 PINS ADVANTAGE (Continued) Total: 137.50
208841 10/3/2023 013908 PUSHPINS MEDIA 0000087 COMMUNITY ACTIVITY EXPENSE 3,145.38
Total: 3,145.38
208842 10/312023 001313 QUINONEZ, MARIA 001313-103123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00
Total: 500.00
208843 10/3/2023 012135 RAMBOLL US CONSULTING INC 1690114448 PROF & CONTRACTUAL SERVICES 323,252.90
Total: 323,252.90
208844 10/3/2023 014014 RESOURCES RECYCLING & RECOVERY 0000001518579 PROF & CONTRACTUAL SERVICES 641.61
Total: 641.61
208845 10/3/2023 005067 ROADLINE 19127 06-009983 OPERATING SUPPLIES 3,615.49
Total: 3,615.49
208846 1013/2023 013724 ROBERT D NIEHAUS INC. 9146 06-010069 PROF & CONTRACTUAL SERVICES 7,311.00
9167 06-010069 PROF & CONTRACTUAL SERVICES 5,555.00
9279 06-010069 PROF & CONTRACTUAL SERVICES 20,267.50
Total: 33,133.50
208847 10/3/2023 010757 SALAZAR RIVERO, YUNUEE 20884439 COMMUNITY ACTIVITY EXPENSE 250.00
Total: 250.00
208848 10/3/2023 008668 SOLACHE, JOSE LUIS 008668-103123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00
Total: 500.00
208849 10/3/2023 012692 SOTO, RITA 012692-103123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00
Total: 500.00
208850 10/3/2023 011186 STANDARD GLASS & MIRROR 0015 06-009688 WINDOW AND GLASS REPAIRS 140.00
Total: 140.00
208851 10/3/2023 008895 SWA GROUP 196057 06-009478 PROF & CONTRACTUAL SERVICES 3,530.38
Total: 3,530.38
208852 10/3/2023 002938 TAJ OFFICE SUPPLY 03908 08-005206 OFFICE SUPPLIES 569.99
Page: 17
25
vchlist Check List Page: 18
09/25/2023 5:46:43PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
208852 10/3/2023 002938 TAJ OFFICE SUPPLY (Continued)
03931 08-005206 OFF!CE SUPPLIES 65.92
03964 08-005206 OFFICE SUPPLIES 181.91
03998 08-005206 OFFICE SUPPLIES 143.33
04065 06-009984 OFFICE SUPPLIES 51.82
Total: 1,012.97
208853 10/3/2023 001391 TARGET CARPET 28229 REPAIRS AND MAINTENANCE 285.00
Total: 285.00
208854 10/3/2023 001211 THE BANK OF NEW YORK MELLON 252-2530518 ADMINISTRATIVE FEES 1,000.00
252-2534595 ADMINISTRATIVE FEES 1,500.00
252-2572264 ADMINISTRATIVE FEES 550.00
Total: 3,050.00
208855 10/3/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 763984408 06-009967 REPAIRS AND MAINTENANCE 291.90
Total: 291.90
208856 10/3/2023 007742 ULINE, INC. 168195457 06-009986 OPERATING SUPPLIES 261.44
Total: 261.44
208857 10/3/2023 009742 UNIFIRST CORPORATION 2190051899 06-010029 UNIFORM SERVICE AND SUPPLIES 81.76
2190051901 06-010029 UNIFORM SERVICE AND SUPPLIES 607.04
2190051902 06-010029 UNIFORM SERVICE AND SUPPLIES 215.17
2190051904 06-010029 UNIFORM SERVICE AND SUPPLIES 133.84
2190051905 06-010029 UNIFORM SERVICE AND SUPPLIES 111.03
2190055526 06-010029 UNIFORM SERVICE AND SUPPLIES 121.65
2190055527 06-010029 UNIFORM SERVICE AND SUPPLIES 59.49
2190055528 06-010029 UNIFORM SERVICE AND SUPPLIES 116.59
2190055529 06-010029 UNIFORM SERVICE AND SUPPLIES 143.60
2190055530 06-010029 UNIFORM SERVICE AND SUPPLIES 111.03
Total: 1,701.20
208858 1013/2023 003612 US BANK CORP. TRUST 7034619 ADMINISTRATIVE FEES 1,000.00
Total: 1,000.00
208859 10/3/2023 002912 WATERLINE TECHNOLOGIES.INC 5652089 06-010016 OPERATING SUPPLIES 910.89
5652091 06-010016 OPERATING SUPPLIES 438,57
Page: 18
26
vchlist
09/25/2023
Bank code:
Voucher
5:46:43PM
apbank
Date Vendor
Check List
City of Lynwood
Invoice
208859
208860
10/3/2023 002912 002912 WATERLINE TECHNOLOGIES,INC (Continued)
208861
208862
10/3/2023 008382 WEST COAST SAND & GRAVEL, INC.
10/3/2023 000802 WEST, KENNETH
10/3/2023 013611 WONG, HARRY
93 Vouchers for bank code : apbank
648339
000802-021423
000802-050923
000802-051022
000802-121322
013611-072023
013611-091923
PO# --------
11-002158
11-002158
11-001960
11-002158
Description/ Account
Total:
PROF & CONTRACTUAL SERVICES
Total:
PLANNING COMMISSIONER STIPEND
PLANNING COMMISSIONER STIPEND
PLANNING COMMISSIONER STIPEND
PLANNING COMMISSIONER STIPEND
REIMBURSEMENT-MILEAGE
REIMBURSEMENT-EXPENSE
Total:
Page: 19
Amount
1,349.46
1,303.40
1,303.40
50.00
50.00
50.00
50.00
200.00
16.90
800.00
Total : 816.90
Bank total: 976,955.77
Page: 19
27
AGENDA STAFF REPORT
DATE:October 3, 2023
TO:Honorable Mayor and Members of the City Council
APPROVED BY:Ernie Hernandez, City Manager
PREPARED BY:Gabriel Linares, Community Development Director
SUBJECT:Urgency Ordinance No Warehouse and Trucking Uses Moratorium Report
per Government Code Section 65858
Agenda Item # 8.2.
Recommendation:
Receive and File a 10 day report to the City Council to prepare for an extension to Urgency
Ordinance No. ____ per Government Code Section 65858
Background:
On September 19, 2023, the City Council adopted Urgency Ordinance No. ____, an Urgency
Ordinance enacting a 45-day moratorium on the establishment, expansion, or modification of
Warehouse and Trucking Uses and related uses within the City of Lynwood. The purpose of
the moratorium is to allot City staff time to conduct research and determine how to mitigate
impacts from such uses. Without proper study, the growth of Warehouse and Trucking Uses
and related uses could have substantial environmental impacts to the community including
potential increases to truck traffic, noise, vibrations, and the general health and safety of the
community.
Government Code Sections 36937 and 65858 allow the City to extend the 45-day Ordinance
for a period of ten (10) months and fifteen (15) days after notice and hearing. Following a first
extension, the statute allows the City to extend the Interim Urgency Ordinance a second time,
for an additional one-year period. Prior to the extension, the City must issue a written report
“…describing the measures taken to alleviate the condition which led to the adoption of the
ordinance.”
City Council City Council Regular Meeting 28
Discussion and Analysis:
Pursuant to Government Code Section 65858, Urgency Ordinance No. ____ takes effect for
45 days and will expire on November 3, 2023 unless extended by the City Council.
The purpose of the Urgency Ordinance is to provide the City’s Department of Development,
Compliance and Enforcement Services (“Community Development”) staff
additional time to analyze the feasibility of potential development standards, truck routes and
weight limits, and to address possible impacts to the public health, safety and welfare of the
community. The intent of the interim development standards is to preserve the community
character within the City consistent with the City’s General Plan.
Pursuant to Government Code Section 65858 (a) and (d), the City may further extend the
interim ordinance for 10 (ten) months and 15 (fifteen) days provided that ten (10) days prior to
the expiration of the interim ordinance the legislative body issues a written report describing
the measures taken to alleviate the conditions which led to the adoption of the Urgency
Ordinance. In accordance with this requirement, the following is a list of activities Community
Development staff is pursuing to alleviate such conditions:
1. Analyzing all impacts of Warehouse and Trucking Uses and related uses including the
detrimental effects of traffic, noise and queuing of vehicles.
2. Creating a list of all types of Warehouse and Trucking Uses and related uses in the City
of Lynwood including any entitlements processed and if the Warehouse and Trucking
Use facility operators are meeting the conditions of approval.
3. Conducting studies regarding a potential revision to the City’s designated Truck Traffic
Route and a possible Truck Fee assessment.
4. Conducting a study of potential impact fees and a City-wide fee analysis including a
truck impact fee.
5. Creating a list of interested parties that have or have the potential to submit an
application.
City Council City Council Regular Meeting 29
6. Meeting with staff from the City’s Building & Safety and Public Safety Divisions to review
the impacts of the interim Urgency Ordinance and future potential development
standards.
7. Soliciting proposals from qualified consultants to advise the City on potential Warehouse
and Trucking Uses development standards and municipal code amendments.
8. Creating a handout to educate potential developers on possible new development
standards that may mitigate impacts of Warehouse and Trucking Uses to facilitate the
approval process.
9. Reviewing regulations in surrounding cities to determine adopted codes and the impacts
into their respective communities.
10. Study the impacts of Warehouse and Trucking Uses in certain zones specifically
commercial versus industrial zones where traffic circulation impacts may be minimized.
Pursuant to Government Code Section 65858 (a) and (d), Community Development staff
requires additional time to study the impacts of the increase in Warehouse and Trucking Uses
and the applicability of the Moratorium to protect the community from adverse impacts.
Additional time is also required to take the potential development standards to the Planning
Commission for a recommendation to the City Council and to garner public input on the interim
and potential future development standards.
Staff recommends that the City Council receive and file the report. Staff will request that
Urgency Ordinance No. ____ be extended for ten (10) months and fifteen (15) days per
Government Code Section 65858 at the next City Council meeting.
Fiscal Impact:
No Fiscal Impact to general fund
None. A report per Government Code Section 65858 must be filed describing the measures
taken to alleviate the conditions that led to the adoption of the urgency ordinance prior to the
request for extension.
Coordinated With:
City Attorney
City Council City Council Regular Meeting 30
AGENDA STAFF REPORT
DATE:October 3, 2023
TO:Honorable Mayor and Members of the City Council
APPROVED BY:Ernie Hernandez, City Manager
PREPARED BY:Julian Lee, Director of Public Works
SUBJECT:PROJECT ACCEPTANCE FOR THE STONEACRE AVENUE
IMPROVEMENT PROJECT BETWEEN CARLIN AVENUE AND
MCMILLAN STREET PROJECT, FY 2022-2023 (CIP 4011.68.111)
Agenda Item # 8.3.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE
STONEACRE AVENUE IMPROVEMENT PROJECT BETWEEN CARLIN AVENUE AND
MCMILLAN STREET PROJECT, FY 2022-2023 (CIP 4011.68.111) AS COMPLETE;
AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES
COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS
AFTER THE ACCEPTANCE.”
Background:
On March 15, 2022, the City Council of the City of Lynwood approved the cost sharing
cooperative agreement with the City of Compton for the streets of Stoneacre Avenue from
Carlin Avenue to McMillan Street and McMillan Street from Stoneacre Avenue to Atlantic
Avenue. With approval of the cost sharing agreement, Staff prepared plans and specifications
for the Stoneacre Avenue Improvement Project between Carlin Avenue and McMillan Street.
On June 28, 2022, the Notice Inviting Bids (NIB) was advertised on the City’s website
(PlanetBids). The Bid opening took place in the PlanetBids platform on Monday, July 18, 2022,
at 10:30 am (PST).
Discussion and Analysis:
City Council City Council Regular Meeting 31
On August 2, 2022, the City awarded the contract to the lowest responsible bidder, Sequel
Contractors, Inc. in the amount of $579,508.00. The Notice to Proceed was issued for
construction to begin on October 24, 2022. Two (2) change orders were issued throughout the
project.
Scope of Work:
The Stoneacre Avenue Improvement Project between Carlin Avenue and McMillan Street
consists of removal and construction of concrete sidewalks, curb and gutters, driveways
approaches, curb ramps, removal of existing asphalt, base and subbase, install asphalt
overlay and striping.
Project Limits:
The Stoneacre Avenue Improvement Project segments are Stoneacre Avenue between Carlin
Avenue and Olanda Street and Stoneacre Avenue between Olanda Street and McMillan
Street.
Approved Budget:
The original contract amount with Sequel Contractors, Inc. was $579,508.00. During the
construction phase, staff made numerous adjustments in the field to accommodate the
discrepancies in the working conditions of the project. There were two (2) change orders
issued and executed in the amount of $48,199.13. The new contract amount including change
orders was $627,707.13.
In addition, $51,840.25 was used for the construction management/construction inspection
services by Transtech Engineers and $3,000 for labor compliance task provided by Avant
Garde Inc. $17,512.13 was used for Staff’s time in Project Management for this project. The
total cost of this project was $700,059.51. Per the approved cost sharing agreement, the City
of Compton paid for their shared cost of this project in the amount of $401,755.67. The final
cost to the City of Lynwood was $298,303.84
City Council City Council Regular Meeting 32
STONEACRE PROJECT CHANGE ORDER LIST.pdf
STONEACRE AVENUE IMPROVEMENT PROJECT BEFORE AND AFTER
PICTURES.pdf
10-03-2023 Stoneacre Acceptance (Resolution) - PWD.docx
Final Project Cost
Original Contract Amount $579,508.00
Two (2) Change Orders $48,199.13
Construction Management and Inspection $51,840.25
Project Management $17,512.13
Labor Compliance $3,000.00
Total Project Cost $700,059.51
City of Compton Cost Sharing Agreement ($401,755.67)
Total Project Cost for Lynwood $298,303.84
Construction was completed on February 27, 2023, and the Project is now ready for
acceptance by the City Council. Once accepted, Staff can record the Notice of Completion at
the County Recorder’s Office. Staff will then release retention 35 days after the project
acceptance.
Fiscal Impact:
This CIP project (4011.68.111) had an approved FY23 Budget of $1,026,195.00 from Measure
M Bonds. No additional appropriation was needed to complete the project.
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 33
CONTRACT CHANGE ORDER Description Amount
CCO 01 Pavement Rehabilitation on McMillan Street between Stoneacre Avenue
and Atlantic Avenue $89,120.53
CCO 03.1 Bid Item 9 - Sawcut and Remove Existing AC Pavement, Base, and
Subgrade is deleted to its entirety. See CCO 02.1b for the revised scope.-$141,470.00
CCO 03.2
Revised Stoneacre AC rehabilitation work. AC removal thickness is
revised from 13" to 6.5". Bid Item 9 - Sawcut and Remove Existing AC
Pavement, Base, and Subgrade quantity is revised to reflect the reduced
AC removal thickness from 13" to 6.5".
$83,587.60
CCO 03.3
Revised Stoneacre AC rehabilitation work. Crushed Aggregate Base
(CAB) construction is removed from the project. Bid Item 10 - Provide and
Place Crushed Aggregate Base (CAB) quantity is removed from the
contract, to its entirety.
-$81,374.00
CCO 03.3
Revised Stoneacre AC rehabilitation work. AC leveling course is increased
from 1" to 4" thickness. Bid Item 11 - Construct AC Leveling Course
quantity is revised to reflect the thickened AC leveling course section from
1" to 4" thickness.
$118,950.00
CCO 03.4
Revised Stoneacre AC rehabilitation work. AC wearing course is reduced
from 3" to 2.5" thickness. Bid Item 12 - Construct ARHM Overlay quantity
is revised to reflect the reduced AC wearing course section from 3" to 2.5"
thickness.
-$20,615.00
ORIGINAL AMOUNT $579,508.00
CHANGE ORDER TOTAL $48,199.13
TOTAL NEW CONTRACT $627,707.13
Stoneacre Improvement Project FY22/23 Change Order List
ATTACHMENT A
34
ATTACHMENT B
STONEACRE AVENUE IMPROVEMENTS BEFORE AND AFTER PICTURES
BEFORE AFTER
35
36
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
ACCEPTING THE STONEACRE AVENUE IMPROVEMENT PROJECT BETWEEN
CARLIN AVENUE AND MCMILLAN STREET PROJECT, FY 2022-2023 (CIP
4011.68.111) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF
COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE
RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE
WHEREAS,On March 15, 2022, the City Council of the City of Lynwood approved
the cost sharing cooperative agreement with the City of Compton for the streets of
Stoneacre Avenue from Carlin Avenue to McMillan Street; and
WHEREAS,the Project consisted of removal and construction of concrete
sidewalks, curb and gutters, driveways approaches, curb ramps, removal of existing
asphalt, base and subbase, install asphalt overlay and striping; and
WHEREAS, On August 2, 2022, the City awarded the contract to the lowest
responsible bidder, Sequel Contractors, Inc. in the amount of $579,508.00; and
WHEREAS, the construction of the Project started on October 24, 2022; and
WHEREAS, there were two (2) contract change orders executed in the amount of
$48,199.13; and
WHEREAS, the final date of construction was February 27, 2023 for the Stoneacre
Improvement Project and all work was completed in accordance with the project plans and
specifications; and
WHEREAS, the total construction cost including project management, construction
management, inspection, and labor compliance is $700,059.51; and
WHEREAS, the City of Compton paid their shared cost of this project in the amount
of $401,755.67;
WHEREAS, the total construction budget was $1,026,195.00; and
WHEREAS,no additional appropriation was needed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1.The City Council for the City of Lynwood finds and declares that the
forgoing recitals are true and correct and incorporates said recitals fully into this
Resolution as substantive findings.
37
2
Section 2.That the City Council of the City of Lynwood accepts the Stoneacre
Avenue Improvement Project between Carlin Avenue and McMillan Street Project, FY
2022-2023 (CIP 4011.68.111) as complete in accordance with contract documents.
Section 3.The City Council authorizes the Director of Public Works or his
designee to process the recordation and filing of the Notice of Completion with the Los
Angeles County Recorder’s Office.
Section 4.The City Council authorizes the release of the 5% retention 35 days
after acceptance.
Section 5.Authorize the Mayor to execute the Resolution for and on behalf of
the City of Lynwood.
Section 6. This Resolution shall take effect immediately upon its adoption.
Section 7. The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
(Signatures on Next Page)
38
3
PASSED, APPROVED and ADOPTED this 3rd day of October 2023.
Oscar Flores
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM:APPROVED AS TO CONTENT:
Noel Tapia Ernie Hernandez
City Attorney City Manager
Julian Lee
Director of Public Works
39
4
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of Lynwood
at a regular meeting held on the 3rd day of October 2023, and passed by the following
votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true, and correct
copy of Resolution No.on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 3rd day of October 2023.
Maria Quinonez, City Clerk
40
AGENDA STAFF REPORT
DATE:October 3, 2023
TO:Honorable Mayor and Members of the City Council
APPROVED BY:Ernie Hernandez, City Manager
PREPARED BY:Mark Flores, Director of Recreation & Community Services
SUBJECT:PARADE PRODUCTION SERVICES AGREEMENT AND STREET
CLOSURES FOR THE CITY’S 2023 CANDY CANE LANE CHRISTMAS
PARADE
Agenda Item # 8.4.
Recommendation:
Staff recommends that the City Council consider and adopt the attached resolution entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH PAGEANTRY PARADES TO
PROVIDE PRODUCTION SERVICES FOR THE 2023 CANDY CANE LANE CHRISTMAS
PARADE AND APPROVING OF STREET CLOSURES NEEDED TO EXECUTE THE
PARADE AND SUPPORTING ACTIVITIES.”
Background:
Lynwood’s annual Candy Cane Lane Christmas Parade is a long-standing community
tradition. Pageantry Parades has successfully served as the City’s parade production
company for over 30 years. Staff is recommending approval to enter into a written scope of
services agreement with Pageantry Parades to produce and coordinate the City’s 2023 Candy
Cane Lane Christmas Parade lineup. Additionally, staff is requesting approval of street
closures associated with the parade.
Discussion and Analysis:
Coordination and execution of a parade at the scale of Lynwood’s annual Candy Cane Lane
Christmas Parade is a complex production that requires extensive planning and logistical
support from an experienced, professional parade production company. Staff has negotiated a
cost-effective scope of services agreement with Pageantry Parades for the 2023 event.
City Council City Council Regular Meeting
41
Special considerations in the proposed agreement for the 2023 event include, but are not
limited to:
Guarantee of a minimum amount of parade vehicles to be provided.
All-inclusive parade production pricing schedule for core services (plus “pass-through”
costs for optional rentals).
Enhanced pre-parade transportation plan (Reception to Starting Point).
Radio Communications between staff, Sheriffs and parade production staff.
The negotiated Scope of Services Agreement between the City of Lynwood and Pageantry
includes considerations for the following core elements:
1. Parade Script
2. Transportation Services
3. Parade Float
4. Parade Vehicles
5. Parade Vehicle Signs, Entry Vehicle Passes and Participant Entry Numbers
6. Prepare and Distribute Parade Applications
7. Parade Announcer and Judges
8. Parade Staff for Check-in, Formation and Staging Areas
The City of Lynwood’s Purchasing Ordinance requires that contracts for professional/special
services between the amounts of fifty thousand and one ($50,001) dollars and two hundred
thousand ($200,000) dollars be awarded pursuant to an informal bid/proposal process. (LMC
Section 6-3.9(d).
However, Lynwood Municipal Code Section 6-3.12 provides a list of exceptions to the City's
standard procurement procedures. Here, as discussed below, City staff requests the City
Council to find that exceptions 6-3.12 apply to the procedure of these services.
As allowed by Section 6-3.12 (§ a.2 & a.3) of the Lynwood Municipal Code, staff is requesting
to enter into an agreement with Pageantry Productions to coordinate the 2023 City of
Lynwood Christmas Parade. Section 6-3.12 of the Lynwood Municipal Code states:
6-3.12 Exceptions:
1. Any provisions of this section to the contrary notwithstanding, no competitive bidding of
any kind (whether through informal open market procedures or through formal noticed
procedures) shall be required to purchase supplies, equipment, general or
City Council City Council Regular Meeting
42
professional/special services under any of the following circumstances:
2. When there is a market shortage of certain goods or services; or
3. When the supplies, equipment, services or contract could be obtained from only
one source; or …
Potentially, there may be other providers of parade production services. However, with
extensive experience in leading the parade planning efforts, staff has not been able to identify
another, full-service & qualified parade production company that can provide the full range of
services that the Lynwood parade requires. Moreover, numerous parade-services firms have
recently gone out of business due to COVID economic impacts.
Furthermore, given the production’s planning timeline; additional costs involved with producing
an RFP; the high probability of a limited response to an RFP and the recommended provider’s
demonstrated experience in specifically producing the Lynwood parade, staff recommends
that Pageantry Parades be approved as the 2023 parade production company. Given the
scope of the Lynwood parade demands and the limited number of firms specializing in full-
parade services, staff expects that issuing an RFP for parade production services would likely
result in a very limited response and the recommended vendor as the top vendor. Pageantry
Parades has demonstrated the ability to successfully perform services that include handling
mailings; processing and distribution of participant entries; parade line-up and staging; floats,
transportation and key parade entry rentals; parade scripting and production; contracting with
judges and awards presentation.
This specific vendor that staff is recommending best and most efficiently arranges à la carte
services and parade-related rentals that are expected by the City for the Lynwood parade.
These options are for specialized items and services such as floats, staging, professional
Santa Claus actor, prominent marching bands and related transportation (Attachment #1 -
Page #3). The total value of the proposed agreement ranges from $14,500 (for parade
production only) to potentially up to $80,000 (parade production + à la carte parade options).
Based on past parade productions, City Council requests and community expectations of the
parade, it is likely that the majority of the options listed in the proposal will be implemented.
Staff recommends that the City Council adopt the attached resolution approving (a) the
agreement with Pageantry Parades at a cost not to exceed $80,000; (b) authorizing the City
Manager to execute the agreement, and (c) approving of street closures needed to execute
the parade.
Fiscal Impact:
The action requested in this agenda item does not involve a new funding allocation. Funding
City Council City Council Regular Meeting 43
Attachment A - 2023 Parade Agreement v2 092223.pdf
Professional-Services-Agreement-Lynwood-Christmas Candy Cane Lane Parade 2023
DRAFT Proposed 100323 AGENDA COPY.docx
Resolution - 2023 PARADE_PROD_SERVICES Agreement.docx
for the not-to-exceed cost of $80,000 for parade production services and parade options is
already included within the adopted FY23/24 City Budget’s Special Events Account
#1052.60.701.64020 and designated special events activities accounts.
Coordinated With:
City Attorney
Finance and Administration
ATTACHMENTS:
Description
City Council City Council Regular Meeting
44
Pageantry Parades
PO Box 2400
Downey, CA 90242
T : ( 562 ) 746 - 2300
F : ( 562 ) 869 - 1927
E : pageantryevents@aol.com
W: www.pageantryparades.com
Attachment A
Scope of Services
September 15, 2023
City of Lynwood
Annual Candy Cane Lane Parade
11330 Bullis Road
Lynwood, CA 90262
We at Pageantry Parades, hereby further known as PARADE, agree to assist the City of
Lynwood and their parade committee, hereby further known as CCLP, in producing their
Annual Candy Cane Lane Parade on Friday - December 8, 2023 @ 7:00pm. We agree to
assist the CCLP with the use of our most up-to-date mailing list to obtain entries for the
day of parade.
I.PARADE is responsible for the following Items:
A.Awards
i. Grand Marshal Plaque (1)
ii. Musical Sweepstakes Award (1)
iii. Drill Team Sweepstakes Award (1)
iv. Float Sweepstakes (1)
v. Hometown Award (1) - Best Local Entry
vi. All necessary 1st, 2nd, and 3rd place awards for each class /
category offered
B. All necessary participant vehicle passes
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ATTACHMENT - A
45
C. All necessary unit numbers with pins for day of parade
D. Parade Staff, including but not limited to, Check-In, Formation Area, and
Announcer
E. A PARADE representative to attend all necessary parade meetings
F. Prepare, Distribute, and Receive by mail, e-mail, or fax all parade
paperwork, including but not limited to, applications, letters of
Acceptance, Maps, Passes, etc … in conjunction with the parade
G. Formulate the parade line-up
H. Write the parade script and provide two (2) hard copies in a folder to the
Announcer(s) and / or TV for use day of the event
I. Coordinate / Manage all aspects of the parade on the day of the event
including but not limited to Check In, Formation Area(s), Communication
with CCLP, and having on hand all necessary paperwork ( line-ups. maps,
letters, passes, scripts ), and any additional parade committee approved
items ( awards, ribbons, etc )
J. Answer calls, E-mails, and Faxes to the PARADE office from participants,
and local agencies during office hours --- Monday - Friday (10:00am - 4:00pm)
K. Coordinate with local officials in regards to permits, street closures,
barricades / barriers, portable restrooms, city staffing required for the
parade
L. Design Application, Map, Acceptance Letter, and Parade Pass for the
exclusive use of the City of Lynwood and the Candy Cane Lane Parade, and
Contact and arrange for judging association
M. Order a Radio Package for PARADE and CCLP ( 2 - Recreation & Community
Services, 1 - Los Angeles County Sheriff, 1 - Public Works, & 1 - Private
Security )
N. Maintain a minimum General Liability Insurance Coverage of …
i. General Liability
a. $1,000,000 ( each occurrence )
b. $2,000,000 ( general aggregate )
ii. Auto Liability
a. Hired
b. Non Owned
c. Scheduled
d. Physical Damage
iii. Workers Compensation
O. Provide Certificate of Insurance to CCLP
P. Acquire a Parade Judging Association to Judge all non-dignitary units in
the parade
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Q. Acquire a Santa Claus [ per additional budget items - see below ] for the
use of CCLP in the parade and at the VIP Hosting Area at Bateman Hall for
the hours of 5:30pm - 10:30pm, or until the parade is finished, whichever
comes first, along with the tree lighting at 5:30pm on November 30, 2023,
and City of Lynwood Santa Visit at 5:15pm on December 13, 2023.
R. Use approved Band Transportation / Assistance funds [ per secondary
budget items - see below ] to secure marching bands for the parade
S. Acquire the Stage [ per additional budget items - see below ] for the use of
CCLP to hold the parade announcer and dignitaries, including, PA System,
Microphones ( 4 ), & Lighting Package, along with a stage layout at least
one week prior to the parade
T. Set up the Judging Area adjacent to the Stage, including Tent, Tables,
Chairs, and Lighting for the judging panel
U. Acquire VIP Cars ( convertibles ) for use by dignitaries in the parade.
[ Limited to Five ( 5 ) trips unless otherwise agreed to by PARADE ]
V. Acquire any item(s), listed or unlisted, under Additional Budget Items
( section iii ) that have not been specifically named in this agreement
II. Fee Schedule
A. MAIN BUDGET ITEMS ( approved )
Parade Coordination - - - - - - - - - - $12,000.00
Professional Judges Association - - - - - - - - - - $ 1,500.00
Radio Package ( 15 ) - - - - - - - - - - $ 500.00
VIP Cars ( 4 @ $125.00 ) * - - - - - - - - - - $ 500.00
_____________________________________________________________________________
Total Main Budget Items - - - - - - - - - - $14,500.00
B. ADDITIONAL BUDGET ITEMS ( Upon Approval )
I. Professional Floats ( Each ) - - - - - - - - - - $15,000.00
II. Stage ** - - - - - - - - - - $ 6,000.00
III. Band Transportation *** - - - - - - - - - - $ 4,000.00
IV. New Orleans Jazz Band - - - - - - - - - - $ 2,500.00
V. Horse Drawn Vehicles ( Each ) **** - - - - - - - - - - $ 1,500.00
VI. Santa Claus - - - - - - - - - - $ 750.00
VII. VIP / Dignitary Ribbons - - - - - - - - - - $ 750.00
VIII. Antique Fire Truck - - - - - - - - - - $ 500.00
IX. Certificate of Insurance - - - - - - - - - - $ 500.00
X. VIP Cars ( Each Additional ) * - - - - - - - - - - $ 125.00
XI. Plaques ( Each, Additional ) - - - - - - - - - - $ 80.00
XII. VIP / Dignitary Signs ( Additional Sets ) - - - - - - - - - - $ 30.00
XIII. Scripts ( Each, Additional ) - - - - - - - - - - $ 25.00
XIV. Additional Stage Lighting - - - - - - - - - - $ TBD
XV. Parade Announcer ***** - - - - - - - - - - $ TBD
____________________________________________________________________________
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* Cost includes 1 Car / 1 Trip. Additional trips are extra
** Stage, Truss, Lighting ( 2 Par 46 Cans ), Skirting, Stairs, Railing, Sound
Package with 4 Microphones ( 2 Cord / 2 Cordless )
*** $400 - $800 per band
**** Mr. & Miss Lynwood ( 6 people maximum )
***** Pageantry will pay $150.00 towards the cost of an announcer
C. PREMIUM BUDGET ITEMS ( Upon Approval )
I. TV / Movie Cars Regular ( each ) - - - - - - - - - - $ 850.00
a. Jurassic Park Jeep
b. Jurassic Park Explorer
c. Austin Powers “Gold Member” Shaguar
d. A-Team Van
e. Transformers - Bumblebee
f. Herbie
g. Ghostbusters ( 2016 Edition )
h. Lightning McQueen
i. Tow Mater
j. Kitt - Knight Rider
k. Baywatch Lifeguard Truck
l. Back to the Future - Delores
m. Back to the Future - McFly Truck
n. Blues Brothers Mobile
o. General Lee - Dodge Charger
p. Starsky & Hutch - Ford Gran Torino
q. Magnum PI - 308 Ferrari
r. Teenage Mutant Ninja Turtle - Van
s. James Bond - Aston Martin “Die Another Day”
t. Star Wars Vehicle
II. TV / Movie Cars Premium ( each ) - - - - - - - - - - $2,000.00
a. Batmobile (1966 Edition )
b. Batmobile (1989 Edition )
c. Ghostbusters Ecto-1 ( 1984 Edition )
III. Balloons Package - - - - - - - - - - TBD
a. Christmas Ornaments
b. Christmas Ornament Costumes ( Inflatable )
c. Helium
IV. Confetti FX
a. Bronze: 2 Canon Tissue Slowfall ( white ) - - - TBD
b. Big Blaster: Continuous Flow - 10 lbs - - - TBD
c. Silver: 4 Canon Tissue Slowfall ( white ) - - - TBD
d. Combo: Big Blaster & Bronze: - - - TBD
____________________________________________________________________________
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III. CCLP hereby agrees to provide / perform the following:
A. Parade hosting for vips / dignitaries
B. Portable restrooms in the formation area, disbanding area, announcers
stand, and the parade route as recommended by PARADE
C. Distribute applications to local entries
D. Distribute all press releases to local media
E. Act as liaison between local service clubs, businesses, city agencies and
PARADE
F. Acquire the Grand Marshal and any Parade Marshals
G. Provide Banners and Banner Carriers
H. Clear all necessary permits
I. Arrange for electrical power, tables, and chairs for the Stage on the
night of the parade
J. Have a parade committee member in attendance the day of the parade to
act as a liaison and provide any necessary last minute approvals
K. Carry liability insurance which is primary to PARADE
L. Coordinate for the formation, parade route and disbanding areas to be
posted with “no parking” signs a minimum of 72 hours prior to the parade
M. Distribute parade information flyer to any business and / or residence
along the parade route, formation area, and disbanding area a minimum of
two ( 2 ) weeks prior to the parade
IV. PAYMENT
A. We propose to furnish labor and / or materials, completed and in
accordance with / to the above specifications, and subject to the conditions
outlined in this agreement and payment documented under the approved
Main Budget Items for the minimum sum of …
I. Fourteen Thousand Five Hundred Dollars and Zero Cents $14,500.00
II. This amount does not include any approved Additional Budget Items
or Premium Budget Items, which are over and above the amount
listed in Section IV, Paragraph A, Section I.
B. Payment is due as follows:
I. Invoice #1 - Deposit Payments:
a. Payment Amount: $2,500.00
b. Payment Due: Wednesday - November 8, 2023
c. Payable to: Pageantry Parades
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II. Invoice #2 - Main Budget Items
a. Payment Due: Wednesday - December 6, 2023 @ 12:00pm
b. Payable to: Pageantry Parades
c. Not to exceed: $13,500.00
III. Invoice #3 - Premium Budget Items
a. Payment Due: Wednesday - December 6, 2023 @ 12:00pm
b. Payable to: Companies / Groups listed on the invoice
c. Not to exceed: $25,000.00
IV. Invoice #4 - Floats, HDV’s, & NOJ
a. Payment Due: Wednesday - December 6, 2023 @ 12:00pm
b. Payable to: Companies / Groups listed on the invoice
c. HDV: Horse Drawn Vehicles
d. NOJB: New Orleans Jazz Band
e. Pageantry will acquire Insurance policies from Santa Float
and HDV’s that name CCLP as an Additional Insured
V. CANCELATION POLICY
A. In the event of cancellation, the following policies and / or penalties will
be in effect.
I. If Cancelled By:
a. 09/08/23 @ 12:00pm - - - - - - - - - - - - - - - - - - - - - - $ 5,000.00
b. 10/08/23 @ 12:00pm - - - - - - - - - - - - - - - - - - - - - - $ 7,500.00
c. 11/08/23 @ 12:00pm - - - - - - - - - - - - - - - - - - - - - - $ 10,000.00
II. Amounts noted directly above are for Main Budget Items only. It
does not include penalties incurred for cancelation of Additional
Budget Items or Premium Budget Items, such as Santa Claus, Horse
Drawn Vehicles, Floats, VIP Ribbons, VIP Cars, etc ... that have been
approved by CCLP via this agreement, at a parade meeting, or in
writing.
III. Any notice given after 11/08/23 @ 12:00pm will result in a penalty of
100% of all Main Budget Items, Additional Budget Items, and Premium
Budget Items confirmed by PARADE at the time of cancellation.
IV. Upon written Notice of Cancellation, PARADE will submit a Final
Invoice(s) for total cancellation costs. Payment of invoice(s)
should be made within 15 days of Cancellation Notice.
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VI. CONFIDENTIALITY AGREEMENT
a. The above prices, specifications and conditions of this contract,
respectfully submitted are between PARADE and CCLP. The contents of
this six page agreement are a private contract between the two parties
and as such the details shall not be shared with any person, business,
organization, sub contractor or entity on the part of CCLP, outside of
those approved in advanced by, or without the express written consent of,
PARADE, except where prohibited or required by law.
VII. ACCEPTANCE
The above prices, specifications and conditions respectfully submitted are
satisfactory and are hereby accepted. You are authorizing PARADE to do
the work as specified.
DATE OF ACCEPTANCE:
BY: David A. Sarell Date: 9/15/23
( pageantry parades )
BY: _______________________________________________ Date: _________________
( city of lynwood )
BY: _______________________________________________ Date: _________________
( city of lynwood )
All parade paperwork (applications, maps, passes, acceptance letters, etc ..), the
information contained within, and the submitted applications, whether on-line or
hard copy, with the exception of local entry contact information, is the sole
property of PARADE. Any use of these forms or information without the express
written consent of PARADE is prohibited.
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1
PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of October 4, 2023 by and between the
City of Lynwood, a municipal corporation ("City") and Pageantry Parades (“Consultant”).
City and Consultant are sometimes hereinafter individually referred to as a “Party” and
collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent
contractor to provide parade production assistance for the City’s Candy Cane Lane
Parade as set forth in the Scope of Services attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such
consulting services by virtue of its experience and the training, education and expertise
of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the
covenants and conditions herein contained, the parties hereto agree as follows:
1.Company's Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit A.
2.Term of Agreement. This Agreement shall commence on October 4, 2023 and
(the “Commencement Date”) and shall remain and continue in effect until tasks described
in Exhibit A are completed, but in no event later than December 21, 2023, unless sooner
terminated pursuant to the provisions of this Agreement.
3.Compensation.
A. City agrees to compensate Consultant for services under this Agreement in
compliance with the schedule set forth in Exhibit A. Consultant shall submit proper
monthly invoices in the form and manner specified by City. Each invoice shall include a
monthly breakdown of all monthly services performed together with the hours spent on
each service. Consultant shall maintain appropriate and necessary documentation
supporting the monthly invoices detailing the type of service provided. It shall be available
for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed
seventy-thousand dollars $80,000.00.
C. If at the request of the City, Consultant is required to incur out of pocket
expenses (including but not limited to, out-of-town travel and lodging) which are above
and beyond the ordinary expenses associated with performance of this Agreement,
Consultant shall be entitled to reimbursement of such expenses. Consultant shall only
be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices;
(II) are accompanied by a copy of the City’s written authorization for Consultant to incur
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such expenses; and (III) receipts documenting such expenses.
4.General Terms and Conditions. The General Terms and Conditions set forth in
Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency
between the General Terms and Conditions and any other exhibit to this Agreement, the
General Terms and Conditions shall control unless it is clear from the context that both
parties intend the provisions of the other exhibit(s) to control.
5.Addresses.
City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager
(E-mail): ehernandez@lynwood.ca.us
Company
Pageantry Parades
PO BOX 2400
Downey, CA 90242
Attn: David A. Sarell
(Tel):(562)746-2300
(E-mail):pageantryevents@aol.com
6.Exhibits. All exhibits referred to in this Agreement are listed here and are
incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule
Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates written below.
CITY
CITY OF LYNWOOD
By:____________________________________________________
Ernie Hernandez, City Manager Date
CONSULTANT
PAGEANTRY PARADES
By:_______________________________________________________
David A. Sarell, Event Coordinator Date
ATTEST:
By:______________________________________________________
Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:
By:______________________________________________________
Noel Tapia, City Attorney Date
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EXHIBIT A
SCOPE OF WORK
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EXHIBIT B
GENERAL TERMS AND CONDITIONS
1.Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on
behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither
the City of Lynwood nor any of its agents shall have control over the conduct of Consultant
or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall
not, at any time, or in any manner, represent that it or any of its agents or employees are
in any manner agents or employees of the City of Lynwood.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interests asserted against City by reason of the independent
Consultant relationship created by this Agreement. In the event that City is audited by
any Federal or State agency regarding the independent status of Consultant and the audit
in any way fails to sustain the validity of a wholly independent Consultant relationship
between City and Consultant, then Consultant agrees to reimburse City for all costs,
including accounting and attorney's fees, arising out of such audit and any appeals
relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant’semployees. Consultant further agrees to indemnify and hold
City harmless from any failure of Consultant to comply with applicable worker's
compensation laws. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result
of Consultant’s failure to promptly pay to City any reimbursement or indemnification
arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s
representations, that Consultant shall serve solely in the capacity of an independent
contractor to the City. Neither the City nor any of its agents will have control over the
conduct of Consultant or any of Consultant’s employees, except as otherwise set forth
in the Agreement. Consultant may not, at any time or in any manner, represent that it
or any of its agents or employees are in any manner agents or employees of the
City. The City has no duty, obligation, or responsibility to the Consultant’s agents or
employees, including the Affordable Care Act coverage requirements. Consultant is
solely responsible for any tax penalties associated with the failure to offer affordable
coverage to its agents and employees under the Affordable Care Act with respect to
Consultant’s agents and employees. Consultant warrants and represents that the City
will not be responsible and will not be held liable for issues related to Consultant’s
status as an independent contractor, including Consultant’s failure to comply with
Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and
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all taxes, claims, and penalties against the City related to Consultant’s obligations
under the Affordable Care Act.
2.Standard of Performance
Consultant shall perform all work to the highest professional standards and in a
manner reasonably satisfactory to the City Manager or his/her designee. No additional
or different tasks or services shall be performed by Consultant other than those specified
in Exhibit A.
3.Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the
services and duties agreed to be performed under this Agreement, and City is relying
upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers,
agents, employees and volunteers (individually and collectively, "Indemnities") shall
have no liability to Consultant or any other person for, and Consultant shall indemnify,
defend, protect and hold harmless Indemnities from and against, any and all liabilities,
claims, actions, causes of action, proceedings, suits, damages, judgments, liens,
levies, costs and expenses of whatever nature, including reasonable attorneys' fees
and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to
which Indemnities may become subject by reason of or arising out of any injury to or
death of any person(s), damage to property, loss of use of property, economic loss or
other loss occurring as a result of or allegedly caused by Consultant’s performance of
or failure to perform any services under this Agreement or by the negligent or willful
acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub
consultant or employees, committed in performing any of the services under this
Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not
apply to Claims occurring as a result of the City’s sole negligence or willful acts or
omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, sub
consultant or any other person or entity involved by, for, with or on behalf of Consultant
in the performance of this Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required in this Section, Consultant agrees to be
fully responsible according to the terms of this Section. Failure of the City to monitor
compliance with these requirements imposes no additional obligations on City and will
in no way serve as a waiver of any rights hereunder. This obligation to indemnify and
defend Indemnities as set forth herein shall survive the termination of this Agreement
and is in addition to any rights which City may have under the law. This indemnity is
effective without reference to the existence or applicability of any insurance coverage
which may have been required under this Agreement or any additional insured
endorsements which may extend to City.
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4.Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to
Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its
own expense during the term of this Agreement the types and amounts of insurance
as described below:
(I)Consultant shall maintain Commercial General Liability Insurance with
coverage at least as broad as Insurance Services Office Commercial General
Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence,
$4,000,000 general aggregate, for bodily injury, personal injury, and property
damage. Defense costs must be paid in addition to limits. There shall be no
cross liability exclusion for claims or suits by one insured against another. The
policy must include contractual liability that has not been amended. Any
endorsement restricting standard ISO “insured contract” language will not be
accepted.
(II)Consultant shall maintain Business Auto Coverage on ISO Business Auto
Coverage Form CA 00 01 covering bodily injury and property damage for all
activities of the Consultant arising out of or in connection with Work to be
performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
(III)Consultant shall maintain Workers’ Compensation Insurance (Statutory
Limits) and Employer’s Liability Insurance with on a state approved policy form
providing statutory benefits as required by law with employer’s liability limits no
less than $1,000,000 per accident for all covered losses;
(IV)Consultant shall maintain Professional Liability or Errors and Omissions
Insurance that covers the services to be performed in connection with this
Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous
coverage through a period no less than three (3) years after completion of the
services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as
additional insureds on the policy(ies) as to commercial general liability and automotive
liability.
C. All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance or is on the
List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved
by the City’s Risk Manager.
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D. All insurance policies shall provide that the insurance coverage shall not be
non-renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice
shall be submitted to CITY via certified mail, return receipt requested, addressed to
“Director of Human Resources & Risk Management,” City of Lynwood, 11330 Bullis
Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or
otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (II)
insurance policy endorsements indicating compliance with all other minimum insurance
requirements above, not less than one (1) day prior to beginning of performance under
this Agreement. Endorsements shall be executed on City’s appropriate standard forms
entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees and volunteers shall be excess of Consultant’s
insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force
and effect, and such insurance is available at a reasonable cost. City may take out the
necessary insurance and pay the premium thereon, and the repayment thereof shall be
deemed an obligation of Consultant’s and the cost of such insurance may be deducted,
at the option of City, from payments due Consultant.
5.Release of Information/Confidentiality.
A.Consultant in the course of its duties may have access to confidential data
of City, private individuals, or employees of the City. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or
provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Consultant without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon
the termination of this Agreement. Consultant, its officers, employees, agents, or
subconsultants, shall not without written authorization from the City Manager, voluntarily
provide declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this Agreement
or relating to any project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary" provided Consultant gives City notice of
such court order or subpoena. Consultant’s covenant under this section shall survive the
termination of this Agreement.
B.Consultant shall promptly notify City should Consultant, its officers,
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employees, agents, or subconsultants be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement and the work performed thereunder. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition,
hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to
provide the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response
6.Ownership of Work Product.
A.Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by the City that
relate to the performance of services under this Agreement. Consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to the representatives of the City or its designees at reasonable
times to such books and records; shall give the City the right to examine and audit said
books and records; shall permit the City to make transcripts therefrom as necessary; and
shall allow inspection of all work, data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
B.Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services
to be performed pursuant to this Agreement shall become the sole property of the City
and may be used, reused, or otherwise disposed of by the City without the permission
of the Consultant. With respect to computer files, Consultant shall make available to
the City, at the Consultant's office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
7.Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by
Consultant under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Consultant further covenants that, in performance
of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would
conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
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otherwise, to or from the ultimate vendor(s) of services to City as a result of the
performance of this Agreement, or the services that may be procured by the City as a
result of the recommendations made by Consultant’s covenants under this section shall
survive the termination of this Agreement.
8.Termination. Notwithstanding any other provision, this Agreement may be duly
terminated at any time by the City at its sole discretion with or without cause by serving
upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this
Agreement, unless the notice provides otherwise. Unless expressly agreed upon in
writing by the City, the City shall not be obligated to pay for any services rendered nor
any costs or expenses paid or incurred after the date of termination. The effective date of
termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City
its prorated share, except for services satisfactorily rendered prior to the effective date of
termination. Immediately upon receiving written Notice of Termination, Consultant shall
discontinue performing services, preserve the product of the services and upon payment
for services, turn over to City the product of the services in accordance with written
instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to
Consultant the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City.
9.Personnel. Consultant represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be performed by Consultant or under its supervision,
and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the
performance of Consultant’s services under this Agreement, but City reserves the right,
for good cause, to require Consultant to exclude any employee from performing services
on City's premises.
10.Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation, in the performance of its services and duties pursuant to this
Agreement, and will comply with all rules and regulations of City relating thereto. Such
nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by
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or on behalf of Consultant state either that it is an equal opportunity employer or that all
qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by this Agreement except contracts or subcontracts for standard
commercial supplies or raw materials.
11.Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant obligations hereunder, without the
prior written consent of City, and any attempt by Consultant to assign this Agreement or
any rights, duties, or obligations arising hereunder shall be void and of no effect.
12.Performance Evaluation. For any Agreement in effect for twelve months or
longer, the City Manager may require a written annual administrative performance
evaluation within ninety (90) days of the first anniversary of the effective date of this
Agreement, and each year thereafter throughout the term of this Agreement. The work
product required by this Agreement shall be utilized as the basis for review, and any
comments or complaints received by City during the review period, either orally or in
writing, shall be considered. City shall meet with Consultant prior to preparing the written
report. If any noncompliance with the Agreement is found, City may direct Consultant to
correct the inadequacies, or, in the alternative, may terminate this Agreement as provided
herein.
13.Compliance with Laws. Consultant shall keep itself informed of State, Federal
and Local laws, ordinances, codes and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this
Agreement. Consultant shall at all times comply with such laws, ordinances, codes and
regulations. The City, its officers and employees shall not be liable at law or in equity
occasioned by failure of Consultant to comply with this Section.
14.Licenses. At all times during the term of this Agreement, Consultant shall have
in full force and effect all licenses (including a City business license) required of it by law
for performance of the services hereunder.
15.Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making
by City of any payment to Consultant constitute or be construed as a waiver by City of
any breach of covenant, or any default which may then exist on the part of Consultant,
and the making of any such payment by City shall in no way impair or prejudice any right
or remedy available to City with regard to such breach or default.
16.Attorney's Fees. In the event that either party to this Agreement shall commence
any legal or equitable action or proceeding to enforce or interpret the provisions of this
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Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including reasonable attorney's fees and costs, including costs of expert
witnesses and Consultant.
17.Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during Consultant
regular business hours or by facsimile before or during Consultant regular business
hours; or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
18.Governing Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the Parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los
Angeles, State of California. However, the Parties may agree to submit any dispute to
non-binding arbitration.
19.Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute
one and the same instrument.
20.Severability. If any provision or any part of any provision of this Agreement is
found to be invalid or unenforceable, the balance of this Agreement shall remain in full
force and effect.
21.Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between
Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision
or breach hereof waived, except in a writing signed by the Parties which expressly refers
to this Agreement. Amendments on behalf of the City will only be valid if signed by the
Mayor and attested by the City Clerk.
22.Authority. The person or persons executing this Agreement on behalf of
Consultant warrants and represents that he/she has the authority to execute this
Agreement on behalf of Consultant and has the authority to bind Consultant to the
performance of its obligations hereunder.
23.Force Majeure.A Party’s performance of any obligation under this
Agreement shall be suspended if, and to the extent that, the Party is unable to perform
because of any event of Force Majeure. In any such event, the Party unable to perform
shall be required to resume performance of its obligations under this Agreement upon
the termination of the event or cause that excused performance hereunder. “Force
Majeure” herein means an event which is beyond the reasonable control of a Party,
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including without limitation, (a) acts of God including flood, fire, earthquake, hurricane
or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot or other civil unrest; (c) government order or law that
prevents either Party from performing its obligations as set forth in this Agreement; (d)
actions, embargoes or blockades in effect on or after the date of this Agreement; (e)
action by any governmental authority that prevents either Party from performing its
obligations as set forth in this Agreement; (f) national or regional emergency; (g)
strikes, labor stoppages or slowdowns or other industrial disturbances, other than
those involving the affected parties employees; (h) shortage of adequate power or
transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance
resulting from or arising out of any Force Majeure event, and no such delay, default in,
or failure of performance shall constitute a breach by either Party hereunder. Where
a Force Majeure event gives rise to a failure or delay in either Party performing its
obligations under this Agreement (other than obligations to make payment), those
obligations will be suspended for the duration of the Force Majeure event. A Party who
becomes aware of a Force Majeure event which gives rise to, or which is likely to give
rise to, any failure or delay in performing its obligations under this Agreement, will
forthwith notify the other and inform the other of the period for which it is estimated that
such failure or delay will continue. The affected Party shall take reasonable steps to
mitigate the effects of the Force Majeure event.
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RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
PAGEANTRY PARADES TO PRODUCE THE 2023 CANDY CANE LANE
CHRISTMAS PARADE AND APPROVING OF STREET CLOSURES NEEDED TO
EXECUTE THE PARADE AND SUPPORTING ACTIVITIES
WHEREAS, the City desires to make use of parade production services to
produce and execute the 2023 City of Lynwood Candy Cane Lane Christmas Parade;
and
WHEREAS, Pageantry Parades is a local company experienced in producing
community parades; and
WHEREAS, the City of Lynwood’s Purchasing Ordinance requires that
contracts for professional/special services between the amounts of fifty thousand and
one ($50,001) dollars and two hundred thousand ($200,000) dollars be awarded
pursuant to an informal bid/proposal process; and
WHEREAS, Lynwood Municipal Code Section 6-3.12 provides a list of
exceptions to the City's standard procurement procedures; and
WHEREAS, per Section 6-3.12 (§ a.2 & a.3) of the Lynwood Municipal Code,
the Lynwood City Council finds that acquisition of parade production services may be
more economically and efficiently effected through the use of an alternate procedure.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
Section 1.The City Council for the City of Lynwood finds and declares that the
foregoing recitals are true and correct, and incorporates said recitals fully
into this Resolution as substantive findings.
Section 2.That the City Council approves the street closures of Martin Luther King,
Jr., Blvd. (from Benwell Drive to Wright Road, inclusive); Bullis Road
(from MLK to Fernwood Avenue, inclusive); Atlantic Ave. (from MLK to
Fernwood Ave., inclusive); and Ernestine Ave. (from MLK to Platt Ave.,
inclusive) for the purpose of the annual 2023 Candy Cane Lane
Christmas Parade and its supporting activities.
Section 3.That the City Council approves of the entering into a Professional
Services Agreement with Pageantry Parades to produce the 2023 Candy
Cane Lane Christmas Parade.
Section 4. That the City Manager is authorized to issue a purchase order in an
amount not to exceed $80,000 from the following designated accounts
for special events activities:
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Account Amount
1052.60.701.64020 $55,000
1011.60.701.64020 $25,000
Section 5.That the City Manager is authorized to execute an agreement with
Pageantry Parades to produce the annual Candy Cane Lane Christmas
Parade for the year 2023.
Section 6.That this resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 3rd day of October, 2023.
____________________________
Oscar Flores, Mayor
ATTEST:
______________________________________________________
Maria Quinonez, City Clerk Ernie Hernandez, City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ ______________________________
Noel Tapia, City Attorney Mark Flores, Director
Recreation & Community Services
66
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 3rd day of October, 2023
and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Maria Quinonez
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 3rd of October, 2023.
Maria Quinonez
City Clerk, City of Lynwood
67
AGENDA STAFF REPORT
DATE:October 3, 2023
TO:Honorable Mayor and Members of the City Council
APPROVED BY:Ernie Hernandez, City Manager
PREPARED BY:Julian Lee, Director of Public Works
SUBJECT:APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO SOLICIT BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 4)
PROJECT, FY 2023-2024 (CIP PROJECT NO. 4011.68.128)
Agenda Item # 9.1.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING PLANS
AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF NOTICE INVITING
BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 4) PROJECT, FY 2023-2024 (CIP
PROJECT NO. 4011.68.128).”
Background:
The City of Lynwood has implemented a citywide slurry seal program. The Citywide Slurry
Seal Program is currently under construction for Phase 3 and design completion for Phase 4.
Slurry Seal projects are an important part of the city’s pavement management program. The
treatment provides a new wearing surface of the road and protects it from sun and water
damage. A slurry seal is a maintenance treatment that prolongs the life of asphalt at a fraction
of the cost of full pavement (structural) repair.
As part of the City’s FY 2023-2024 CIP project list, The City will be working on both Slurry
Seal Phase 3 and Phase 4. Staff has consulted with Infrastructure Engineers Inc. for the
preparation of plans and specifications. The plans and specifications have been complete and
our ready to be published for bidding.
City Council City Council Regular Meeting 68
Discussion and Analysis:
The design for the Citywide Slurry Seal (Phase 4) project has been completed and reviewed.
The work is more specifically defined in the contract documents, but in general consists of, but
is not limited to: citywide slurry seal, crack sealing, striping, including pavement cold milling
and overlay at the following locations:
Street Name From To
Arlington Avenue Atlantic Avenue Gibson Avenue
Carlin Avenue Atlantic Avenue Millrace Avenue
Carlin Avenue Halo Drive Olanda Street
Cortland Street Atlantic Avenue Duncan Avenue
Cortland Street El Granada Avenue Louise Avenue
Cortland Street Lugo Park Avenue Wright Road
Duncan Avenue Sanborn Avenue Martin Luther King Jr.
Boulevard
Duncan Avenue Martin Luther King Jr.
Boulevard Walnut Avenue
Duncan Avenue Walnut Avenue Cortland Street
Duncan Avenue Josephine Street Lavinia Avenue
Edgebrook Avenue Rayborn Street Olanda Street
Edgebrook Avenue Olanda Street Fertile Street
El Granada Avenue Cortland Street Fernwood Avenue
First Avenue Josephine Street Agnes Avenue
Josephine Street Duncan Avenue Wright Road
Lugo Park Avenue Cortland Street Fernwood Avenue
McMillan Street Wright Road E.O.P
Niland Street Virginia Avenue Duncan Avenue
Niland Street Duncan Avenue Wright Road
Pendleton Avenue Atlantic Avenue City Limit
Phillips Avenue Lavinia Avenue Clark Street
Pope Avenue Sanborn Avenue Martin Luther King Jr.
Boulevard
Pope Avenue Walnut Avenue Cortland Street
Pope Avenue Cortland Street Fernwood Avenue
Vieta Avenue Cortland Street Fernwood Avenue
Virginia Avenue Los Flores Boulevard Elmwood Avenue
Virginia Avenue Beechwood Avenue Sanborn Avenue
Virginia Avenue Martin Luther King Jr.
Boulevard Walnut Avenue
City Council City Council Regular Meeting 69
Virginia Avenue Josephine Street Lavinia Avenue
Virginia Avenue Lavinia Avenue Niland Street
Virginia Avenue Niland Street Alvada Street
Virginia Avenue Alvada Street Clark Street
Wright Road Fernwood Avenue Josephine Street
Wright Road Josephine Street Lavinia Avenue
Wright Road Lavinia Avenue Niland Street
Wright Road Niland Street Clark Street
Wright Road Clark Street Pelluer Street
Wright Road Pelluer Street Rayborn Street
Wright Road Olanda Street McMillan Street
The Notice Inviting Bids (NIB) specifications indicate that the contractor shall complete all work
in approximately fifty (50) calendar days. Upon Council approval and authorization, staff will
upload the bid proposal documents for advertisement on PlanetBids. Bidders will be able to
view and download the project documents, addendums (if any), and submit their bid proposal
for review. The lowest responsible responsive bidder will then be recommended to City
Council for awarding of the project.
The bid schedule is as follows:
Release Date October 4, 2023
Last Date to Submit RFI Questions October 18, 2023, Wednesday, at 5:00PM
RFI Response Posted October 25, 2023
Bid Due Date November 1, 2023, Wednesday, at 10:00 AM
City Council Awarding Date November 21, 2023
Project Budget
The estimated project expenditures are as follows: This may change based on the outcome of
City Council City Council Regular Meeting 70
the actual bids.
Estimated Construction Cost
Engineer Estimated Construction Cost $623,000.00
Contingency (10%)$62,300.00
Construction Management & Inspection (10%)$62,300.00
Labor Compliance and other related cost (10%)$62,300.00
Project Management/Support (10%)$62,100.00
Total Estimated Construction Cost $872,000.00
Upon authorization by the City Council, staff will proceed with the bid phase of the project.
Below is the table of the current Slurry Seal Phase 4 Project Budget:
FY24 Project Budget
General Fund $340,000
Gas Tax $224,000
SB1 $102,500
Measure M $214,000
Prop C $375,000
Measure R $90,000
Transfer to P2P2B Project
Gas Tax ($150,000.00)
Measure M ($100,000.00)
Total Project Funding
Available $1,095,500.00
Fiscal Impact:
This Project’s FY 23-24 original CIP budget includes $1,345,000 from General Fund, Gas Tax,
SB1, Measure M, Prop C, and Measure R. This project’s budget will be reduced by amount of
$250,000 from Gas Tax and Measure M funds and will be transferred to the Priority 2 Phase
2B Street improvement project (4011.68.123). This transfer of funds will be sent for approval
by the City Council of the City of Lynwood in the Priority 2 Phase 2B Award of Contract Staff
Report.
City Council City Council Regular Meeting
71
Citywide Slurry Seal (Phase 4) Final Submittal Specifications-8-30-23.pdf
10-03-2023 Slurry Seal P4 Advertise (Resolution) - PWD.docx
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting
72
City of Lynwood
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
Public Works Department
Bid date: XXXX, XXX, X, 2023 @ 10:00 A.M.
PREPARED BY:
Infrastructure Engineers
For the City of Lynwood
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Oscar Flores
MAYOR
Rita Soto Gabriela Camacho
Mayor Pro-Tempore Council Person
Juan Muñoz-Guevara José Luis Solache
Council Person Council Person
Ernie Hernandez
City Manager
Julian Lee, P.E.
Director of Public Works
Mir T. Fattahi, MsCE, P.E.
Acting City Engineer, City of Lynwood
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CITY OF LYNWOOD
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
IN THE CITY OF LYNWOOD, CALIFORNIA
Prepared By:
Infrastructure Engineers
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CITY OF LYNWOOD PROJECT
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
CITY OF LYNWOOD
The Special Provisions contained in these Contract Documents have been
prepared by, or under the direct supervision of, the following Registered
Civil Engineer:
Engineer: Mohammad Jalali Farahani, P.E., TE
Title: Principal Engineer
Name of Firm or Agency: Infrastructure Engineers
Approved By:
_____________________________________________________
Mir. T. Fattahi, MsCE, P.E.
Acting City Engineer
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CITY OF LYNWOOD
CONTRACT DOCUMENTS
TABLE OF CONTENTS
PART 1 -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS
Section 1.1 Notice Inviting Bids
1.2 Instructions to Bidders
1.3 Bid Documents
1.3.1 Bid (Proposal and Workers’ Compensation Certificate)
1.3.2 Bid Schedule
1.3.3 List of Subcontractors
1.3.4 Anti-Trust Claim
1.3.5 Non-Collusion Affidavit
1.3.6 Bid Bond (Bid Security Form)
1.3.7 Bidder’s General Information
1.3.8 Bidder’s Insurance Statement
1.4 Agreement and Bonds
1.4.1 Agreement Form
1.4.2 Performance Bond
1.4.3 Payment Bond
1.4.4 Certificates/Proof of Insurance and Endorsements
PART 2 -- SPECIAL PROVISIONS
Section 2.1 General, Terms, Definitions, Abbreviations, and Symbols
2.2 Scope of the Work
2.3 Control of the Work
2.4 Control of Materials
2.5 Legal Relations and Responsibilities
2.6 Prosecution and Progress of the Work
2.7 Measurement and Payment
2.8 Facilities for Agency Personnel
2.9 Construction Details (Materials and Methods)
PART 3 -- TECHNICAL PROVISIONS
PART 4 -- APPENDICES
Section 4.1 Appendix A – Department of Industrial Relations (DIR)
Contractor Registration Number Form
4.2 Appendix B – List of Traffic Striping and Marking, Skin Patch, Grind
& Overlay and Utility Cover Adjustment Quantities
4.3 Appendix C – Standard Plans
4.4 Appendix D - Contract Change Order (CCO) Form
4.5 Appendix E – Substitution Request Form
4.6 Appendix F – Labor Code Sections 1771, 1775, 1777.5, 1813
and 1815
4.7 Appendix G – Project Sign
4.8 Appendix H – Trash Collection Schedule
4.9 Appendix I – Engineering Plans (Contract Drawings)
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CITY OF LYNWOOD
PUBLIC WORKS DEPARTMENT
PART 1 - BIDDING AND CONTRACTUAL
DOCUMENTS AND FORMS
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
CITY OF LYNWOOD
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
****************
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CITY OF LYNWOOD
1.1 NOTICE INVITING BIDS
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
1.1.1 NOTICE IS HEREBY GIVEN that bids for the CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
will be received by the City of Lynwood, 11330 Bullis Road, Lynwood, California 90262 until
November 1, 2023 @ 10:00 A.M., at which time they will be published on PlanetBids. The form
of the bids shall be in accordance with the Instructions to Bidders, and any bids received after
the time and date specified above will not be accepted.
All Questions should addressed to the attention of Mr. Mir T. Fattahi (Acting City Engineer) on
PlanetBids by October 18, 2023 @ 5:00 P.M.
1.1.2 WITHDRAWAL OF BIDS. No Bidder shall withdraw its bid for a period of sixty (60) days after the
Bids have been publicly opened, subject to the exceptions set forth in Section 5103 of the California
Public Contract Code. This sixty (60) day review period may be extended upon the written request of the
City 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: citywide slurry
seal, including pavement coldmilling and overlay at some locations. The Work is to be completed
before the expiration of FIFTY (50) CALENDAR DAYS from the date specified in a written “Notice to
Proceed” from the City. The Engineer’s Cost Estimate is between $620,000 to $700,000.
1.1.4 AWARD OF CONTRACT:
(a)The City of Lynwood will 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 material data submittals
payment and performance bonds and proof of insurance and endorsements as specified in the Contract
Documents.
1.1.5 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the
amount of ten percent (10%) of the Total Bid Price, payable to the City of Lynwood.
1.1.6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid, unexpired
Class A General Engineering Contractor or C12 Earthwork and Paving Contractor license approved by
the State of California Contractors State License Board at the time of submitting bids.
1.1.7 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor and all subcontractors shall pay the
general prevailing rate of per diem wages as determined by the Director of the Department of Industrial
Relations of the State of California for the locality where the work is to be performed. A copy of said wage
rates and the latest revisions thereto are on file at the City Engineer’s Office of the City of Lynwood located at
11330 Bullis Road, Lynwood, California 90262. The Contractor and any subcontractors shall pay not less
than said specified rates and shall post a copy of said wage rates at the project site.
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1.1.7a NOTICE REQUIREMENTS
a.No contractor or subcontractor may be listed on a bid proposal for a public works project 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 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 each time a request for payment is made to the City.
1.1.8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due
under the Contract Documents from time to time, without retention of any portion of the payment by the City
by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300
of the Public Contract Code.
1.1.9 PRE-BID VISIT TO WORK SITE: Bidders are encouraged to visit work sites.
1.1.10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS:
(a) All documents required for the review of Contractors to submit a valid and responsive bid are contained
within this set of Contract Documents.
1.1.11 SUBMITING BID ON PLANETBIDS The Contractor is required to submit an “eBid” through the
PlanetBids online platform. It is the Contractor’s responsibility to ensure that the most complete and current
version of the solicitation, including addenda, has been downloaded.
BY ORDER OF THE CITY COUNCIL, CITY OF LYNWOOD, CALIFORNIA
Maria Quiñónez, CITY CLERK
Date: November 1, 2023,
City of Lynwood
____________________________________________________
Mir T. Fattahi, MsCE, P.E.
Acting City Engineer
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CITY OF LYNWOOD
1.2 INSTRUCTIONS TO BIDDERS
1.2.1 DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined
herein shall have the meanings assigned to them in the General Provisions of the Standard Specifications for Public
Works Construction (the “Greenbook”) latest Edition and the Special Provisions of the Contract Documents. The term
"Bidder" shall mean one who submits a Bid directly to the City of Lynwood as distinct from a sub-bidder, who submits a
Bid to a Bidder. The term "Engineer" shall be as defined in the Special Provisions. “Bid Documents” shall consist of
those documents listed in Section 1.3 hereof.
1.2.2 COMPETENCY OF BIDDERS - In selecting the Lowest Responsible Bidder under the procedure set forth in
Subsection 1.2.18 of these Instructions, consideration will be given not only to the financial standing of the Bidder, but
also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid
shall be supported by a statement of the Bidder's recent experience on the form entitled "Bidder's General Information,"
bound herein. Résumés of key construction personnel who will be assigned to the Work shall also be required.
Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a
contractor who does not hold a valid contractor's license in the State of California for the classifications named in the
Notice Inviting Bids at the time of opening Bids.
1.2.3 DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or
association under the same or different names will not be considered. If the City believes that any Bidder is interested in
more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City
believes that collusion exists among the Bidders, all Bids will be rejected.
1.2.4 BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE -
(a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly;
visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider
federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and
carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors,
or discrepancies noted in the Contract Documents.
(b) Reference is made to the Special Provisions for identification of those reports of explorations and tests ofsubsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract
Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical
data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions
contained therein or the completeness thereof is the responsibility of the Bidder.
(c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon
request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein
upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions.
(d)Subject to the provisions of Section 4215 of the California Government Code, information and data reflected
in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information
and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does
not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the
Special Provisions.
(e)Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on
subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract
Documents due to differing conditions appear in the Standard Specifications and Special Provisions.
(f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional
examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities)
at or contiguous to the site or which otherwise may affect cost, progress, or performance of the Work and which the
Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms
and conditions of the Contract Documents.
(g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct
such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration
and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon
completion of such exploration.
(h)The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto,
and other lands designated for use by the Contractor in performing the Work are identified in the Plans (Contract
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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 SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting
Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the
appointed time for opening of bids, no matter what the reason.
1.2.7 NON-RESPONSIVE BIDS – Non-responsive bids will be rejected. A bid shall be considered non-responsive for
reasons including, but not limited to, the following:
1.The Bidder fails to furnish a price for all Bid Items in the Bid Schedule when there is more than one Bid
Item in the Bid Schedule.
2. The Bidder attaches unauthorized modifications, conditions, limitations, or provisions to the Bid.
3.The Bidder fails to list the percentage of work to be performed by subcontractors.
4. The percentage of work to be performed by subcontractors exceeds 50% of the Total Bid Price.
5.The Bidder fails to attend a required pre-bid walk-through.
6.The Bidder fails to provide written acknowledgement of receipt of all Bid Addenda.
7 Other reasons as permitted by applicable law.
A bid may be considered non-responsive for reasons including, but not limited to the following: The Bidder fails to
complete all items in Subsection 1.3.7 of the Bid Documents, Bidder’s General Information.
1.2.8 DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder
shall furnish a price for all Bid Items in the Bid Schedule, and failure to do so shall render the Bid non-responsive and
shall cause its rejection. In the event that there are Unit Price Bid Items in a Bid Schedule and the Item Amount listed for
a Unit Price Bid Item does not equal the product of the Unit Price and the Estimated Quantity listed, the Unit Price shall
govern, and the Item Amount will be adjusted accordingly. In the event that there is more than one Bid Item in a Bid
Schedule and the amount listed in the “Total Bid Price for Unit Price Bid Schedule” box does not agree with the sum of
prices listed in the “Item Amount” column, the prices listed in the “Item Amount” column on the Bid Schedule shall
govern, and the amount listed in the “Total Bid Price for Unit Price Bid Schedule” box will be adjusted accordingly. The
Contractor shall be bound by the foregoing adjustments, subject to the provisions of Section 5100 et seq. of the
California Public Contract Code.
1.2.9 QUANTITIES OF WORK - (a) The quantities of work or materials stated in unit price items of the Bid are supplied
only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the
actual amount of work or materials will correspond therewith.
(b) In the event of an increase or decrease in the quantity of a unit price bid item, the total amount of work
actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work
under the Contract Documents; provided, that for unit price items, increases of more than 25 percent, decreases of more
than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the Standard Specifications and
Special Provisions.
1.2.10 WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request, signed by the
Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the
Notice Inviting Bids prior to the scheduled closing time for receipt of Bids.
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1.2.11 RELIEF OF BIDDERS. – A Bidder shall be permitted to withdraw a Bid after the opening of Bids only if the bidder
established to the satisfaction of the Engineer, all of the elements set forth in Section 5103 of the California Public
Contract Code, including, but not limited to the following:
1. A clerical error was made by the Bidder in filling out the Bid, and the error was not due to error in judgment
or carelessness in inspecting the site of the Work, or in reading the Plans or Specifications. 2. The clerical error caused the Bid to be materially different than the Bidder intended the Bid to be.
3. The Bidder gave the City Clerk written notice within five (5) days after the opening of Bid of the mistake,
specifying in detail the nature of the mistake and how the mistake occurred.
1.2.12 MODIFICATIONS - The completed Bid forms shall be without interlineations, alterations, or erasures. Oral, FAX,
telegraphic, e-mail, or telephone Bids or modifications will not be considered.
1.2.13 LIQUIDATED DAMAGES - Provisions for Liquidated Damages, if any, shall be as set forth in the Agreement and
the Special Provisions.
1.2.14 SUBSTITUTE OR "OR-EQUAL" ITEMS - The Work, if awarded, will be on the basis of materials and equipment
described in the Plans or specified in the Special Provisions without consideration of possible substitute or "or-equal"
items. Whenever it is indicated in the Plans or specified in the Special Provisions that a substitute or "or-equal" item of
material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, data substantiating a
request for a substitution of an “or equal” item or items will not be considered by the Engineer until after the Effective
Date of the Agreement. The procedure for submittal of any such application by the Contractor and consideration by the
Engineer is set forth in Section 4 of the Standard Specifications, as amended by Section 2.4 of the Special Provisions.
The form in Appendix D of the Contract Documents shall be used to request substitutions.
1.2.15 DETERMINATION OF LOWEST RESPONSIBLE BIDDER –
(a) The Engineer shall first establish the “Apparent Lowest Bidder,” using the Total Bid Price set forth in the
applicable Bid Schedule(s), subject to the calculation adjustment criteria set forth in Section 1.2.11 of
these Instructions.
(b) After the Apparent Lowest Bidder has been established, the Engineer shall review the balance of the Bid
Documents submitted by the Apparent Lowest Bidder to ascertain if that Bidder’s bid is responsive. In
general, a bid is considered responsive if it has been completed and submitted in accordance with all of the requirements of the Bid Documents, Notice Inviting Bids, Instructions to Bidders, Special Provisions
and any Bid Addenda.
(c) If the Bid submitted by the Apparent Lowest Bidder is responsive, that Bidder’s qualifications will be
reviewed by the Engineer to ascertain if the Bidder is responsible. A responsible bidder is one who has
demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to
satisfactorily perform the Work required by the Contract Documents. Consideration will be given to the
quality and performance of work on past contracts, including previous work (if any) performed by the
Bidder for the City.
(d) If the Engineer ascertains that the Apparent Lowest Bidder is responsible and has submitted a responsive
bid, the Engineer shall 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.
1.2.16 BID PROTEST PROCEDURES –
(a) Any protest of a proposed award to the Apparent Lowest Bidder must be submitted in writing to the City
Engineer no later than 5:00 p.m. on the third (3rd) business day following the date of the bid opening.
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(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
party filing a bid on this project may not submit a Bid Protest. A party may not rely on the Bid Protest
submitted by another bidder, but must timely pursue its own protest.
(e) The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and
exclusive remedy in the event of a Bid Protest. A Bidder’s failure to fully comply with these procedures
shall constitute a waiver of any right to further pursue the Bid Protest, including filing of a challenge of
the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California
Government Code, or filing of any other legal proceedings.
(f) The City shall review all timely protests prior to award of the Bid by the City Council. The City shall not
be required to hold an administrative hearing to consider a timely protest, but may do so at the option of
the Engineer, or if otherwise legally required. At the time of the City Council’s consideration of the
recommendation for award of the bid, the City Council shall also consider the merits of any timely
protests and the Engineer’s recommendation thereon. The City Council may either accept the protest
and award the bid to the next Lowest Responsible Bidder, or reject the protest and award to the Lowest
Responsible Bidder.
(g) Nothing in this Section shall be construed as a waiver of the City Council’s right to reject all bids.
1.2.17 AWARD OF CONTRACT - Award of Contract, if it is awarded, shall be made to the Lowest Responsible Bidder
as determined by the City Council, and a Notice of Award shall be sent to such Bidder. Unless otherwise specified, any
such award will be made within the period stated in the Notice Inviting 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.
1.2.18 EXECUTION OF AGREEMENT - The Bidder to whom the proposed award is to be made shall execute a written
agreement with the City in the form of Agreement set forth in Subsection 1.4.1 of the Contract Documents within ten (10)
calendar days after receipt of the Agreement form from the City. Failure or refusal to enter into an Agreement as herein
provided or failure to conform to any of the stipulated requirements in connection therewith shall be just cause for an
annulment of the proposed award and forfeiture of the Bid Security. If the lowest responsible bidder refuses or fails to
execute the Agreement, the City may award the Contract to the second lowest responsible Bidder. If the second lowest
responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest
responsible Bidder. On the failure or refusal of such second or third lowest responsible bidder to execute the Agreement, each such bidder's Bid Security shall be likewise forfeited to the City.
1.2.19 WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with the laws
of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to
its employees pursuant to the Worker's Compensation Certification executed by Bidder as part of the Bid Proposal.
- END OF INSTRUCTIONS TO BIDDERS -
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1.3 BID DOCUMENTS
The following listed documents, identified in the lower right corner as "Bid
Document", shall be fully executed and submitted with the Bid prior to the
time of the opening of Bids.
1.3.1 Bid (Proposal and Workers’ Compensation Certificate)
1.3.2 Bid Schedule(s)
1.3.3 List of Subcontractors
1.3.4 Anti-Trust Claim
1.3.5 Non-Collusion Affidavit
1.3.6 Bid Bond (Bid Security Form)
1.3.7 Bidder's General Information
1.3.8 Bidder’s Insurance Statement
Failure of a Bidder to fully execute and submit all of the listed documents with the Bid may result in
the Bid being rejected as non-responsive.
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1.3.1 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:
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
CITY OF LYNWOOD
Bidder accepts all of the terms and conditions of the Contract Documents, including
without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing
with the disposition of the Bid Security.
This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law.
Bidder will enter into the Agreement within the time and in the manner required in the Instructions to Bidders,
and will furnish the proof of insurance/certificates, insurance endorsements, Payment Bond, Performance
Bond, and all Licenses and Permits within the time and in the manner required by the Contract Documents.
Bidder has examined copies of all the Contract Documents, including the following
ADDENDA (receipt of which is hereby acknowledged):
Number 1 ____________________ Date ____________________
Number 2 ____________________ Date ____________________
Number 3 ____________________ Date ____________________
Number 4 ____________________ Date ____________________
Number 5 ____________________ Date ____________________
Number 6 ____________________ Date ____________________
Bidder has familiarized itself with the nature and extent of the Contract Documents, the
Work, the site, the locality where the Work is to be performed, the legal requirements
(federal, state, and local laws, ordinances, rules, and regulations), and the conditions
affecting cost, progress, or performance of the Work, and has made such independent
investigations as Bidder deems necessary.
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In conformance with the current statutory requirements of California Labor Code
Section 1860, et seq., the undersigned confirms the following as its certification:
I am aware of the provisions of Section 3700 of the Labor Code, which
require every employer to be insured against liability for Workers’
Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of the Work of this Contract.
Attached hereto are the following completed and fully-executed documents:
(1)Bid Schedule “A” consisting of one (1) page;
(2) List of Subcontractors;
(3) Anti-Trust Claim;
(4) Non-Collusion Affidavit;
(5)Bidder’s General Information; and
(6) Bidder’s Insurance Statement.
Bidder agrees to complete the Work required under the Contract Documents within the
time stipulated in said Contract Documents, and to accept as full payment therefor the
Total Bid Price based on the Lump Sum or Unit Bid Price(s) set forth in the attached Bid
Schedule(s).
I hereby certify under penalty of perjury under the laws of the State of California that all
of the information submitted in connection with this Bid and all of the representations
made herein are true and correct.
Dated: ________________________ Bidder: ___________________________________
By: _____________________________________
(Signature of Bidder’s Authorized Representative)
Title: _____________________________________
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QUANTITIES OF WORK:
The quantities of work or material stated in the Unit Price items of the Bid Schedule are supplied only to give an indication of the
general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will
correspond therewith, and reserves the right after award to increase or decrease the quantity of any Unit Price Bid Item, by an
amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item
in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work.
_______________________________________________________________________________
Name of Bidder or Firm
IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.
1.3.2 UNIT PRICE BID SCHEDULE
(Page 1 of 1)
Schedule of Prices for the Construction of the:
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
CITY OF LYNWOOD
Item
No. Unit Price Bid Item Estimated
Quantity Unit Unit
Price Item Amount
1 Mobilization/ Demobilization (Not to exceed 3% of
total of all other prime Contract Bid Items) 1 LS $ $
2 Traffic Control 1 LS $ $
3 Cold Mill Existing AC Pavement (2” Deep) 10,349 SF $ $
4 Construct 2” Thick AC (C2-PG 64-10) 117 TON $ $
5 Place Slurry Seal Type II with 3% Latex 730 ELT $ $
6 Install Crack Seal and Spray Weed Killer 1 LS $ $
7 Adjust Existing Storm Drain/Sewer/Utility Manhole
Frames and Covers to Finished Grade 8 EA $ $
8 Adjust Water Valve Can and Cover to Finished
Grade 10 EA $ $
9 Remove and Replace Existing Thermoplastic
Striping, Legends, Arrows and Parking Stalls 1 LS $ $
10 Furnish and Install Public Improvement Project
Sign 4 EA $ $
Total Amount Bid in Figures $
TOTAL BID PRICE FOR UNIT PRICE BID SCHEDULE:
$ (Price in Figures)
___________________________________________________________________________________(Price in Words)
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INFORMATION REQUIRED OF BIDDER
1.3.3 LIST OF SUBCONTRACTORS
As required under Section 4100 et seq., of the Public Contract Code, the Bidder shall list below the name
and business address of each subcontractor who will perform Work under this Bid in excess of one-half of
one percent of the Contractor's Total Bid Price, or in the case of bids for the construction of streets or
highways, including bridges, in excess of one-half of one percent of the Contractor’s Total Bid Price, or ten
thousand dollars ($10,000), whichever is greater, and shall also list the portion of the Work which will be
done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except
as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be
performed with the words "and/or" will not be permitted.
The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of
the Total Bid Price except that any designated “Specialty Items” may be performed by subcontract. The
amount of any such “Specialty Items” so performed may be deducted from the Total Bid Price before
computing the amount required to be performed by the Contractor with its own organization. The City will
identify any "Specialty Items” in the Bid Schedule(s). Where an entire Specialty Item is subcontracted,
the value of work subcontracted will be based on the Contract Unit Price for that item. When a portion of
a Specialty Item is subcontracted, the value of work subcontracted will be based on the estimated
percentage of the Contract Unit Price for that item. This will be determined from information submitted by
the Contractor and subject to approval by the Engineer.
Subcontractor
Contractor's Percent
License of Total
Work to be Performed Number Contract Subcontractor's Name & Address
1._________________________ _______________ _________ ___________________________________
2._________________________ _______________ _________ ___________________________________
3._________________________ _______________ _________ ___________________________________
4._________________________ _______________ _________ ___________________________________
5._________________________ _______________ _________ ___________________________________
6._________________________ _______________ _________ ___________________________________
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1.3.4 ANTI-TRUST CLAIM
Pursuant to Public Contract Code Section 7103.5, upon acceptance of its bid, Contractor
agrees to the following: “In entering into a public works contract or a subcontract to supply
goods, services, or materials pursuant to a public works contract, the contractor or
subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15)
or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division
7 of the State of California Business and Professions Code), arising from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract. This
assignment shall be made and become effective at the time the awarding body tenders final
payment to the contractor, without further acknowledgment by the parties.”
RESPECTFULLY SUBMITTED:
________________________________
Contractor Name
________________________________ _______________________________
Signature Address
________________________________ _______________________________
City, State, Zip Telephone (with area code)
________________________________ _______________________________
Title Date
________________________________ _______________________________
Contractor's License No. Type of License
________________________________
Federal I.D. No.
(SEAL--if Bid is by a corporation)
ATTEST ____________________________
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1.3.5 NON-COLLUSION AFFIDAVIT
(To be Executed by Bidder and Submitted with Bid Pursuant to Public
Contract Code Section 7106)
State of California, County of _____________________________________________________________,
being first duly sworn, deposes and says that he or she is ______________________________________ of
____________________________________________ the party making the foregoing bid that the bid is not
made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization,
or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication,
or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or
cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are
true; and further, that the bidder has not , directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee
to any corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
________________________________________
Signature
________________________________________
Typed or Printed Name
________________________________________
Title
________________________________________
Contractor / Company / Bidder Name
Subscribed and sworn to before me this ______ day of _______________________, 20____
________________________________________
Notary Public in and for the State of California
My Commission Expires: __________________
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1.3.6 BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _______________
as Principal, and
____ as Surety, are
hereby held and firmly bound unto the City of Lynwood, a California Municipal Corporation,
(hereinafter referred to as the “City”) in the penal sum of
______________________________________________________________ DOLLARS
($ ________________ ), being not less than ten percent (10%) of the Total Bid Price, for the
payment of which sum in lawful money of the United States, well and truly to be made, we hereby
jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns
by these presents.
The Condition of the above obligation is such that whereas the Principal has submitted to the 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 , entitled:
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
NOW, THEREFORE,
a.If said Bid shall be rejected, or
b.If said Bid shall be accepted and the Principal shall execute and deliver to the City a
contract in the form of agreement set forth in the Contract Documents (properly completed in
accordance with said Bid) within ten (10) calendar days after receipt of same from City, and
shall, within the time and manner set forth in the Contract Documents, furnish a Bond for
his/her faithful performance of said contract and for the payment of all persons performing
labor or furnishing materials in connection therewith, the required proof of
insurance/certificates, required insurance endorsements, and shall in all other respects
perform the agreement created by the acceptance of said Bid,
then this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder
shall, in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety
and its Bond shall be in no way impaired or affected by any extension of the time within which the
City may accept such Bid; and said Surety does hereby waive notice of any such extension. In
the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall
pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by
the court.
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IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be
hereto affixed and these presents to be signed by their proper officers on this _________
day of _______________________, _______.
PRINCIPAL SURETY
_______________________________ ___________________________
(Legal Company Name) (Legal Company Name)
By: ____________________________ By: ________________________
Title ___________________________ Title _______________________
(Corporate Seal) (Corporate Seal)
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority
from the California Insurance Commissioner authorizing them to write surety insurance
defined in Section 105 of the California Insurance Code, and if the Work or 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)
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1.3.7 BIDDER'S GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to complete and attach all items may
cause the Bid to be rejected as non-responsive.
1. BIDDER/CONTRACTOR'S Name and Street Address:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
2. CONTRACTOR'S Telephone Number: ( ) ______________________
Facsimile Number: ( ) ______________________
3. CONTRACTOR'S License: Primary Classification ______________________________________
State License Number(s) __________________________________________________________
Supplemental License Classifications _________________________________________________
4. Surety Company and Agent who will provide the required Bonds on this Contract:
Name of Surety: _________________________________________________________________
Address: _______________________________________________________________________
_______________________________________________________________________________
Surety Company Agent: ___________________________________________________________
Telephone Numbers: Agent ( ) _________________ Surety ( ) ______________
5. Type of Business Entity (Sole Proprietorship, Partnership, Corporation, etc.):
_____________________________________
6. Corporation organized under the laws of the State of:
_____________________________________
7. Is your business entity qualified to do business in the State of California?: ________
Date qualified. _______________
8. List the names, addresses and titles of the principal members/officers of your business entity:
Name Title Address
______________________ ______________ ________________________________________
______________________ ______________ ________________________________________
______________________ ______________ ________________________________________
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1.3.7 BIDDER'S GENERAL INFORMATION (Continued)
9. Number of years experience as Contractor performing the specific type of construction or Work
required for this Project as set forth in the Contract Documents: ______________
10. List at least three projects completed to date involving construction or Work similar to that required for
the completion of this Project:
a. Owner ___________________________Address _______________________________
Contact __________________________Class of Work __________________________
Phone ___________________________Contract Amount ________________________
Project ___________________________Date Completed _________________________
b. Owner ___________________________Address _______________________________
Contact __________________________Class of Work __________________________
Phone ___________________________Contract Amount ________________________
Project ___________________________Date Completed _________________________
c. Owner ___________________________Address _______________________________
Contact __________________________Class of Work __________________________
Phone ___________________________Contract Amount ________________________
Project ___________________________Date Completed _________________________
11. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
____________________________________________________________________________
____________________________________________________________________________
12. List the name and title of the person who will supervise full-time the proposed work for your firm:
________________________________________________________________________________
13. Is full-time supervisor an employee ___________ or an independent contractor? __________
14. Please attach resumes of key construction personnel who will be assigned to the Work on this Project.
Note: Bidder agrees that personnel named on this form and in the attached resumes will
remain on this Project until completion of all relevant Work, unless substituted by personnel
of equivalent experience and qualifications approved in advance by the City.
15. A financial statement or other information and references sufficiently comprehensive to permit an
appraisal of your current financial condition may be required by the Engineer.
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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: __________________________________
By: ____________________________________ (Signature of Bidder’s Authorized Representative)
Title: ___________________________________
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1.4.1 CITY OF LYNWOOD AGREEMENT
FOR CONSTRUCTION OF , ENTITLED “CITYWIDE SLURRY SEAL
(PHASE 4) PROJECT, FY 2023-2024”
This agreement (the “Agreement”) is made and entered into on this ______ day of
_______________, _____ by and between the City of Lynwood, a California Municipal
Corporation ("City") and __________________________________________________, a
______________________________ ("Contractor"). City and Contractor are sometimes
hereinafter referred to individually as a “Party” and collectively as the “Parties.”
R E C I T A LS
City and Contractor, based upon the mutual promises contained herein, do hereby agree
as follows:
I. CONTRACT DOCUMENTS
This Agreement consists of the following Contract Documents, the terms and conditions of
which are expressly incorporated as component parts of this Agreement as if herein set
out in full or attached hereto:
A.Notice Inviting Bids, Dated: November 1, 2023
B.Instructions to Bidders.
C.Addenda.
D.Contractor’s Bid Proposal and Workers’ Compensation Certificate dated
________________, _______, and all other Bid Documents attached
thereto, including but not limited to:
1.Bid Schedule(s)
2.List of Subcontractors
3.Anti-Trust Claim
4.Non-Collusion Affidavit
5.Bidder’s General Information
6.Bid Bond (Bid Security Form)
7.Bidder’s Insurance Statement
E.Payment Bond.
F.Performance Bond.
G.Certificates/Proof of Insurance and Endorsements.
H.Certified Copy of the Lynwood City Council Resolution, not required.
I.Notice of Award dated ________________.
J.Notice to Proceed dated ______________.
K The Plans (Contract Drawings).
L.Special Provisions
M.Standard Specifications for Public Works Construction, “Greenbook”
latest Edition.
N.Appendices A through I of the Contract Documents.
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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-five percent
(95%) of the Contract Price at time of completion. Final payment to Contractor will be
processed thirty-five (35) days after the City has recorded the Notice of Completion.
Contractor may, upon Contractor's written request, and approved by the City Council, at
Contractor's expense, deposit substitute securities, as stated in Government Code
Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of
retention monies withheld to insure performance.
Payment of undisputed amounts due under this Agreement, including the final payment
due hereunder, is contingent upon the Contractor furnishing to the City an unconditional
release by the Contractor of all claims against the City arising by virtue of this Agreement
related to those amounts. Disputed claims in stated amounts may be specifically
excluded by Contractor from the operation of any release. No payment, final or
otherwise, shall operate to release the Contractor or its sureties from obligations arising
under this Agreement or the bonds and warranties furnished hereunder. No payment
shall be construed as an acceptance of any of the Work or of defective or improper
materials.
III. BONDS
Within ten (10) calendar days of receiving the Notice of Award and prior to Contractor’s
commencement of the Work, Contractor shall furnish to City, using the forms set forth in
the 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
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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
provide proof of the required insurance coverage and the endorsements specified in
Subsection 2.7.2 of the Special Provisions within ten (10) calendar days of receipt of the
Notice of Award.
VI. INELIGIBLE SUBCONTRACTORS
In accordance with the provisions of Section 6109 of the California Public Contract Code,
Contractor agrees that it shall not 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.
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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 and shall complete all Work
as specified in the Contract Documents within FIFTY (50) CALENDAR DAYS from
the date in said Notice.
City and Contractor have discussed the provisions of Government Code Section
53069.85 and the damages that may be incurred by City if the Work is not completed
within the time specified in this Agreement. The City and Contractor hereby represent
that at the time of signing this Agreement, it is impracticable and extremely difficult to fix
the actual damage which will be incurred by City if the Work is not completed within the
number of working days allowed. Accordingly, City and Contractor agree that the sum of
$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.
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XI. LICENSES
Contractor acknowledges and agrees that Contractor must have all appropriate
contractor's licenses. Contractor further warrants and represents that he/she/they
has/have the appropriate contractor's license to pursue the work hereunder. Contractor's
failure to have or maintain all appropriate licenses during the entire term of this
Agreement shall be cause for the immediate and summary termination of this Agreement
by City. Contractor shall be liable for all City's costs incurred to complete the Work under
this Agreement in the event of such termination.
XII. EMPLOYMENT DISCRIMINATION PROHIBITED
Pursuant to California Labor Code Section 1735 and other applicable provisions of law,
the Contractor and its subcontractors shall not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, political
affiliation or sexual orientation in the performance of Work under this Agreement. The
Contractor will take affirmative action to insure that employees are treated during
employment or training without regard to their of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, political affiliation or sexual orientation.
XIII. PREVAILING WAGES
The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and
1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects.
Since the work covered by this Agreement involves an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing
Wage Laws as set forth in the foregoing statutes and in the Special Provisions of the
Contract Documents.
XIV.AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Contractor warrants and
represents he/she/they has/have the authority to execute this Agreement on behalf of
his/her/their corporation, partnership, or business entity and warrants and represents that
he/she/they has/have the authority to bind Contractor to the performance of its obligations
hereunder.
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.
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XVI.NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received
on (a) the day of delivery if delivered by hand during Contractor’s regular business hours or
by facsimile before or during Contractor’s regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
set forth below, or to such other addresses as the Parties may, from time to time, designate
in writing pursuant to the provisions of this Section.
City Contractor
City of Lynwood _______________________________
Attn: City Engineer Attn: ___________________________
11330 Bullis Road _______________________________
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.
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IN WITNESS WHEREOF, each of the Parties hereto has caused the Agreement to be
executed in its name on its behalf by a duly authorized officer as of this day and year first
above written.
CITY OF LYNWOOD CONTRACTOR
____________________________
LEGAL NAME OF FIRM
By:_____________________________ By:__________________________
Oscar Flores Signature of Chairman of Board,
Mayor President, or Vice President
Attest:
_____________________________
(Typed/Printed Name)
By: ____________________________ _____________________________
Maria Quiñónez (Title)
City Clerk
By:___________________________
Signature of Secretary, Assistant
Approved as to Form: Secretary, CFO, or Assistant Treasurer
By: ____________________________ ______________________________
Noel Tapia (Typed/Printed Name)
City Attorney
______________________________
(Title)
[NOTARY REQUIRED FOR SIGNATURE(S) OF CONTRACTOR]
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1.4.2 CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Lynwood (referred to hereinafter as "City") has entered
into an Agreement dated _________________ (referred to hereinafter as the
“Agreement”) with ________________________________________________________
(hereinafter designated as “Contractor” or "Principal"), for construction of
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT, FY 2023-2024, (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.
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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.
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No final settlement between the City and the Contractor shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this
_____ day of _______________, ________, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
PRINCIPAL:
(seal)
_______________________________
By ____________________________
SURETY:
(seal)
_______________________________
By ____________________________
Attorney-in-Fact
The rate of premium on this bond is ____ per thousand dollars. 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
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STATE OF CALIFORNIA )
) ss.
COUNTY OF _______________ )
On this _____ day of _______________, in the year _____, before me,
__________________________, a Notary Public in and for said state, personally
appeared , known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the Attorney-in-Fact of the (Surety) and
acknowledged to me that he/she subscribed the name of the
(Surety) thereto and his/her own name as Attorney-in-Fact.
_____________________________________
Signature of Notary Public in and for said State
(SEAL)
My commission expires on: _____________
NOTE: A copy of the power of attorney to local representatives of the bonding
company must be attached hereto.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _______________________________________, certify that I am the
________________________________ Secretary of the corporation named as
Principal to the within bond; that _________________ _________________________
who signed the said bond on behalf of the principal was then
___________________________ of said corporation; that I know his/her signature, and
his/her signature thereto is genuine; and that said bond was duly signed, sealed and
attested for and in behalf of said Corporation by authority of its governing board.
_______________________________
Signature of Corporate Principal
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1.4.3 CONTRACT PAYMENT BOND
(CALIFORNIA PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Lynwood, (referred to hereinafter as "City") has entered
into an agreement dated __________ (referred to hereinafter as the “Agreement”) with
_____ ________ , (hereinafter designated as the "Contractor"
or “Principal”), for CITYWIDE SLURRY SEAL (PHASE 4) PROJECT, FY 2023-2024
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
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affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Agreement or to the Work or
to the Specifications. Said Surety also hereby waives the provisions of sections 2819
and 2845 of the California Civil Code.
No final settlement between the City and the Contractor hereunder shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, the above-bounded parties have executed this instrument
this _____ day of ____________, _____, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
PRINCIPAL:
(seal)
_______________________________
By _____________________________
SURETY:
(seal)
_______________________________
By _____________________________
Attorney-in-Fact
IMPORTANT: Surety companies executing Bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the Work or
Project is financed, in whole or in part, with federal grant or loan funds, must also
appear on the Treasury Department's most current list (Circular 570 as amended).
Notary acknowledgements for Principal and Surety signatures and Power of
Attorney for Surety must be attached. THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) (Name and Address of Agent/Representative in California
if different)
________________________________ ___________________________________________________________
___________________________________ ___________________________________________________________________
__________________________________ _________________________________________________________________
(Telephone Number of Surety/Agent _________________________________________________________________
or Representative in California)
STATE OF CALIFORNIA )
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) ss.
COUNTY OF _______________ )
On this _____ day of _______________, in the year _____, before me,
__________________________, a Notary Public in and for said state, personally
appeared , known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the Attorney-in-Fact of the (Surety) and
acknowledged to me that he/she subscribed the name of the (Surety)
thereto and his/her own name as Attorney-in-Fact.
_____________________________________
Signature of Notary Public in and for said State
(SEAL)
My commission expires on: _____________
NOTE: A copy of the power of attorney to local representatives of the bonding company
must be attached hereto.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _______________________________________, certify that I am the
________________________________ Secretary of the corporation named as
Principal to the within bond; that _________________ _________________________
who signed the said bond on behalf of the principal was then
___________________________ of said corporation; that I know his/her signature, and
his/her signature thereto is genuine; and that said bond was duly signed, sealed and
attested for and in behalf of said Corporation by authority of its governing board.
_______________________________
Signature of Corporate Principal
(CORPORATE SEAL)
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1.4.4 CERTIFICATES / PROOF OF INSURANCE
AND ENDORSEMENTS
The Contractor shall not commence any of the Work or begin any performance under
the Agreement until he/she obtains, at his/her own and sole cost and expense, all
required insurance as stipulated by the City. The required insurance shall be provided
by the Contractor in conformance with the requirements 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 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 the Special Provisions.
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 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.
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ADDENDUM
By executing this Addendum, Contractor acknowledges and agrees that the work
performed pursuant to the above referenced Agreement is subjected to all applicable
provisions.
Payment of Minimum Compensation to Employees. Contractor shall be obligated to
pay not less than the General Prevailing Wages Rate as required by applicable law.
A.Prevailing Wage Requirements. California Labor Code requires the payment of
not less than the general prevailing rate of per diem wages and rates for holiday
and overtime and adherence to all labor standards and regulations. The General
Prevailing Wages Rates may be adjusted throughout the term of this Agreement.
Notwithstanding any other provision of this Agreement, Contractor shall not be
entitled to any adjustment in compensation rates in the event there are
adjustments to the General Prevailing Wages Rates.
B.Reports. Contractor shall not perform on site work on this contract until labor
compliance documents are filed. Contractor agrees to cooperate with the City to
fulfill its notifications requirement to the DIR, as required by DIR’s PWC-100 form
or any other required form, and Contractor agrees to provide to the City the
information required by the DIR, as generally set forth in Labor Code Section
1773.3. By signing this form, Contractor, and all of its subcontractors, represents
that it has registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5 [with limited exceptions under Labor Code section
1771.1(a)] and paid the annual fee due to the DIR, unless the Contractor meets
an exception recognized by the DIR or by the law.
C.Furnishing of Electronic Certified Payroll Records to Labor Commissioner.
Contractor and subcontractor agree to furnish the required electronic certified
payroll records directly to the Labor Commissioner (aka Division of Labor
Standards Enforcement), in the manner and under the time frame required by
law.
D.Audit Rights. All records or documents required to be kept pursuant to this
Agreement to verify compliance with the Wage Requirement shall be made
available for audit at no cost to City, at any time during regular business hours,
upon written request by the City Attorney, City Auditor, City Manager, or a
designated representative of any of these officers. Copies of such records or
documents shall be provided to City for audit at City Hall when it is practical to do
so. Otherwise, unless an alternative is mutually agreed upon, the records or
documents shall be available at CONTRACTOR’s address indicated for receipt of
notices in this Contract.
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E.Enforcement.
1.General. CONTRACTOR acknowledges it has read and understands that,
pursuant to the terms and conditions of this Agreement, it is required to
comply with the Wage Requirement and to submit certain documentation to
the City establishing its compliance with such requirement. (“Documentation
Provision.”) CONTRACTOR further acknowledges the City has determined
that the Wage Requirement promotes each of the following (collectively
“Goals”):
a.It protects public job opportunities and stimulates the City’s economy
by reducing the incentive to recruit and pay a substandard wage to
labor from distant, cheap-labor areas.
b.It benefits the public through the superior efficiency of well-paid
employees.
c.It increases competition by promoting a more level playing field among
contractors with regard to the wages paid to workers.
2.CONTRACTOS’s Breach of Prevailing Wage/Living Wage Provisions.
WITHOLDING OF PAYMENT: CONTRACTOR agrees that the
Documentation Provision is critical to the City’s ability to monitor
CONTRACTOR’s compliance with the City’s public wage obligations.
CONTRACTORS further agrees its breach of the Documentation Provision or
general public wage obligations results in the need for additional enforcement
action to verify compliance with this Addendum. In light of the critical
importance of the Documentation Provision, the City and CONTRACTOR
agree that CONTRACTOR’s compliance with this Addendum is an express
condition of City’s obligation to make each payment due to the
CONTRACTOR pursuant to this Agreement. THE CITY IS NOT OBLIGATED
TO MAKE ANY PAYMENT DUE THE CONTRACTOR UNTIL
CONTRACTOR HAS PERFORMED ALL OF ITS OBLIGATIONS UNDER
THESE PROVISIONS. THIS PROVISION MEANS THAT CITY CAN
WITHOLD ALL OR PART OF A PAYMENT TO CONTRACTOR UNTIL ALL
REQUIRED DOCUMENTATION IS SUBMITTED. Any payment by the City
despite CONTRACTOR’s failure to fully perform its obligations under these
provisions shall not be deemed to be a waiver of any other term or condition
contained in this Agreement or a waiver of the right to withhold payment for
any subsequent breach of this Documentation Provision or public wage
obligations of the Contractor and the City.
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CITY OF LYNWOOD
DEPARTMENT OF PUBLIC WORKS
PART 2 - SPECIAL PROVISIONS
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
Section 2.1 General, Terms, Definitions, Abbreviations, and Symbols
2.2 Scope and Control of Work
2.3 Control of the Work
2.4 Control of Materials
2.5 Legal Relations and Responsibilities
2.6 Prosecution and Progress of the Work
2.7 Measurement and Payment
2.8 Facilities for Agency Personnel
2.9 Construction Details (Materials and Methods)
* * * * *
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CITY OF LYNWOOD
PUBLIC WORKS DEPARTMENT
PART 2 - SPECIAL PROVISIONS
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
SECTION2.1 – General, TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
2.1.1 GENERAL
The following additions/modifications are hereby made to the Standard
Specifications:
2.1.1.1 Standard Specifications. - The Work hereunder shall be done in accordance
with the Standard Specifications of the City of Lynwood, Standard Specifications for
Public Works Construction ("Greenbook"), latest Edition, including all current
supplements, addenda, and revisions thereof, the City Standard Plans identified in the
Appendix, and the Special Provisions set forth in this Part 2 of the Contract
Documents.
In case of conflict between the technical provisions of the Caltrans Standard
Specifications, 2018 Edition and these Special Provisions, these Special
Provisions shall take precedence over, and be used in lieu of, such conflicting
portions.
2.1.1.2 Supplementary Reference Specifications. - Insofar as references may be
made in these Special Provisions to the Caltrans Standard Specifications, such work
shall conform to the referenced portions of the technical provisions of the Caltrans
Standard Specifications, 2018 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, 2018 Edition and these Special Provisions, these Special
Provisions shall take precedence over, and be used in lieu of, such conflicting
portions.
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2.1.2 LEGAL ADDRESS
2.1.2.1 Legal Address of the Agency. - The official address of the Agency shall be
the City of Lynwood, 11330 Bullis Road, Lynwood, California 90262, or such other
address as the City may subsequently designate in written notice to the Contractor.
2.1.2.2 Legal Address of the Engineer. - The official address of the Engineer shall
be 11330 Bullis Road, Lynwood, California 90262, or such other address as the
Engineer may subsequently designate in writing to the Contractor.
2.1.2.3 Legal Address of the Agency’s Project Representative. – The name and
address of the Agency’s designated Project Representative shall be Mir T. Fattahi,
MsCE, P.E., Acting City Engineer, 11330 Bullis Road, Lynwood, California 90262, or
such address as the Project Representative may subsequently designate in writing to
the Contractor.
2.1.3 DEFINITIONS AND TERMS
2.1.3.1 Definitions and Terms. - Wherever in the Standard Specifications the
following terms are used, the definitions shall be amended to read:
Agency - The City of Lynwood, a California municipal corporation and general
law city, existing in the County of Los Angeles, State of California.
Board – The City Council of the City of Lynwood.
Engineer - The City Engineer of the City of Lynwood or other persons
designated by the City Engineer.
Liquidated Damages - The amount prescribed in these Special Provisions,
pursuant to the authority of Government Code Section 53069.85, to be paid to
the City or to be deducted from any payments due or to become due to the
Contractor for each day's delay in completing the whole or any specified portion
of the Work beyond the time allowed in the Special Provisions.
Standard Plans - The Standard Drawings and the Special Drawings of the City
of Lynwood.
2.1.3.2 Additional Definitions and Terms. - The following additional terms and
definitions used in the Contract Documents shall apply:
Project – The Work that is the subject of the Contract Documents.
Total Bid Price – The full price for all the Work required to complete the Project
submitted by a Bidder in the Bid Documents.
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Unit Price – The amount set forth in a Bid Schedule document for a single unit
of an item of work.
Unit Price Bid Item – An item of work to which a Unit Price applies.
-END OF SECTION -
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SECTION 2.2 - SCOPE AND CONTROL OF WORK
2.2 SCOPE OF THE WORK
The project consists of slurry seal various streets as part of the Citywide Slurry Seal
Project (Phase 4).
2-2.1 PERMITS.
The text of Subsection 2-2 of the Standard Specifications is hereby deleted and
replaced with the following:
Prior to the start of any work, the Contractor shall take out the applicable AGENCY
permits and make arrangements for AGENCY inspections. The AGENCY will issue the
permits at no charge to the Contractor. The Contractor and all subcontractors shall
each obtain an AGENCY business license and shall be licensed in accordance with the
State Business and Professions Code. The Contractor shall also obtain any and all
other permits, licenses, inspections, certificates, or authorizations required by any
governing body or entity.
2.2.2 CONTRACTOR’S SURETY WAIVER OF RIGHT OF NOTIFICATION
The following shall be added to the Standard Specifications:
"The Contractor shall ensure that its Surety is familiar with all of the terms
and conditions of the Contract Documents, and shall obtain a written
acknowledgement by the Surety that said Surety thereby waives the right of
special notification of any changes or modifications of the Agreement, or of
extensions of time, or of decreased or increased Work, or of cancellation of
the Agreement, or of any other act or acts by the City of Lynwood or any of
its authorized representatives."
2.2.3 CHANGES INITIATED BY THE AGENCY
The following sentence shall be added to the Standard Specifications:
All Change Orders shall be subject to the provisions of Subsection 6-3.15 of the Lynwood
Municipal Code.
2.2.4 EXTRA WORK
The provisions of Section 2-8 of the Standard Specifications shall apply; provided that the
provisions governing markup percentages for overhead and profit for extra work
referenced in Subsection 2-8 and 7-4.3 Markup, Paragraph (a) Work by Contractor of the
latest Edition shall be deleted in their entirety and the following substituted therefor:
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(a) Work by Contractor. The following percentages shall be added by the City to
the Contractor's costs and shall constitute the markup for all overhead and profit.
1)Labor 20 percent
2)Materials 15 percent
3)Equipment rental 15 percent
4)Other items & expenditures 15 percent
5)Subcontracts (1st tier only) 5 percent
6)Lower Tier subcontractors none
To the sum of costs and markups provided for in this subsection, one percent shall
be added by the City as compensation for bonding.
2.2.5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY
Subsection 2-3 of the Standard Specifications shall be deleted in its entirety and the
following substituted therefor:
All temporary access or construction rights-of-way, other than those shown on the
Plans, which the Contractor may find it requires during progress of the Work, shall
be arranged by and paid for entirely by the Contractor, at its own expense.
2.2.6 TESTING
The Contractor shall provide, at its sole cost and expense, any testing indicated by the
Contract Documents. The testing shall be performed by a company approved by the
Engineer. Only initial compaction tests which produce results meeting the City’s
previously specified requirements shall be at the City’s expense. All compaction testing
which produces results that fail to meet the City’s previously specified requirements and all
retaking of such tests shall be at the Contractor’s expense and City shall not pay
Contractor any compensation therefor.
The Contractor, at its sole expense, shall excavate any holes necessary for compaction
tests, backfill the holes, compact the backfill placed in the holes, and pave the surface, if
required, after the test(s) are completed.
2.2.7 SITE EXAMINATION
The Contractor shall have the sole responsibility of satisfying itself concerning the nature
and location of the Work. The submittal of a Bid Proposal shall be conclusive evidence
that the Contractor has investigated and examined the Work site and is satisfied as to
the conditions to be encountered, including but not limited to, locality, uncertainty of
weather and all other contingencies, and the character, quality, quantities, and scope of
the Work, materials to be furnished, and all Agreement requirements which could in any
way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself
with all available information regarding any applicable existing or future conditions shall not
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relieve it from the responsibility for properly estimating the difficulties, responsibilities, or
costs of successfully performing the Work according to the Contract Documents.
2.2.8 FLOW AND ACCEPTANCE OF WATER
Storm, surface, nuisance, or other waters may be encountered at various times during
construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby
acknowledges that it has investigated the risk arising from such waters, and has prepared
its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk.
2.2.9 RECYCLING AND DIVERSION OF DEBRIS
The Contractor shall adhere to all provisions of Section 9-6, “Recycling and Diversion of
Debris from Construction and Demolition,” of the City of Lynwood Municipal Code.
2.2.10 POLLUTION CONTROL
2.2.10.1 Water Pollution Control
The Contractor shall adhere to all provisions of Section 14-12 of the Lynwood
Municipal Code: “Stormwater and Urban Runoff Pollution Control,” and the Federal
Clean Water Act, including but not limited to, the National Pollutant Discharge
Elimination System (NPDES) standards. The Contractor shall implement all
provisions of the Storm Water Pollution Prevention Plan (SWPPP) prepared by the
City. Delete the SWPPP provision if project site is less than one (1) acre.
2.2.10.2 Sound Pollution Control
The Contractor shall ensure that its operations do not exceed a noise level of 86-
decibels (db) as measured at a distance of 50 feet from all its sources of
operation.
2.2.10.3 Air Pollution Control
The Contractor shall adhere to all applicable rules and regulations of the California
Air Resource Board (CARB) and the South Coast Air Quality Management District
(SCAQMD).
-END OF SECTION -
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SECTION 2.3 – Control of The Work
2.3.1 SELF-PERFORMANCE.
The whole paragraph of Section 3-2 of the Standard Specifications is hereby deleted
and replaced with the following:
The Contractor shall perform or provide, with its own organization, contract labor,
materials, and equipment amounting to at least 50 percent of the Contract Price. The
contract labor performed or provided by the Contractor shall amount to at least 25
percent of the total contract labor for the Contract. Contract labor shall exclude the
Contractor’s superintendent. Any designated “Specialty Items” may be performed by
subcontract and the amount of any such “Specialty Items” so performed may be
deducted from the Contract Price before computing the amount of contract labor,
materials, and equipment required to be performed or provided by the Contractor with
its own organization. Where an entire item is subcontracted, the value of contract labor,
materials, and equipment subcontracted will be based on the estimated percentage of
the Contract Unit or Lump Sum Price, determined from information submitted by the
Contractor, subject to approval by the Engineer.
The Contractor with the bid package shall submit a list of all subcontractors intended to
perform work on the project. This list shall include the name and location of the place of
business of each subcontractor who will perform work or labor or render service to the
prime contractor in or about the construction of the work or improvement, or a
subcontractor licensed by the State of California who, under subcontract to the prime
contractor, specially fabricates and installs a portion of the work or improvement
according to detailed drawings contained in the plans and specifications, in an amount
in excess of one-half of one percent of the prime contractors total bid. The prime
contractor shall provide a description by bid item number or otherwise fully designate
the portion of work to be performed by each subcontractor.
2.3.2 PRECEDENCE OF CONTRACT DOCUMENTS
The provisions of Subsection 3-7.2 of the Standard Specifications shall be deleted in their
entirety and the following substituted therefor:
The Contract Documents are complementary, and what is called for by one shall be as
binding as if called for by all.
The Contract Documents are intended to be fully cooperative and to be complementary. If
Contractor observes that any documents are in conflict, the Contractor shall promptly
notify the Engineer in writing.
In resolving disputes resulting from conflicts, errors, or discrepancies in any of the
Contract Documents, the document highest in precedence shall control. The order of
precedence shall be as listed below:
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1. Approved and Fully-Executed Change Orders
2. Agreement
3. Addenda
4. Contractor's Bid (Bid Documents)
5. Technical Provisions
6. Special Provisions
7. General Provisions of the Standard Specifications
8. Notice Inviting Bids
9. Instructions to Bidders
10. Plans (Contract Drawings)
11. Standard Specifications
12. City Standard Plans
13. Reference Specifications
With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions.
2. Detail drawings govern over general drawings.
3. Addenda or Change Order drawings govern over Contract Drawings.
4. Contract Drawings govern over Standard Drawings.
5. Contract Drawings govern over Shop Drawings.
2.3.3 SUBMITTALS
The following provision shall be added at the end of Subsection 3-8.1 of the Standard
Specifications:
On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a
Schedule of Values, or lump sum price breakdown, which will serve as the basis for
progress payments and shall be incorporated into a form of payment request (or invoice)
acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at
the Pre-construction Conference and must meet the approval of the Engineer before any
payments can be made to the Contractor.
2.3.4 SUBSURFACE DATA
The provisions of Subsection 3-9 of the Standard Specifications shall be deleted in their
entirety and following substituted therefor:
Limited Reliance by Contractor. - Soils reports and other reports of subsurface
conditions may be made available by the City for inspection by the Contractor.
HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS.
The Contractor may rely upon the general accuracy of the "technical data" contained in
such reports and drawings only where such "technical data" are specifically identified in
the Special Provisions. Except for such reliance on such "technical data," the Contractor
may not rely upon or make any claim against the City, the Engineer, nor any of the
Engineer's Consultants with respect to any of the following:
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Completeness. - The completeness of such reports and drawings for Contractor's
purposes, including, but not limited to, any aspects of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor and safety
precautions and programs incident thereto, or
Other Information. - Any other data, interpretations, opinions, and information
contained in such reports or shown or indicated in such drawings, or
Interpretation. - Any interpretation by the Contractor of such "technical data," or any
conclusion drawn from any "technical data" or any such data, interpretations, opinions or
information.
2.3.5 PERMANENT SURVEY MARKERS
The provisions of Subsection 3-10.1 of the Standard Specifications shall be deleted in
their entirety and the following substituted therefor:
It shall be the Contractor's responsibility to protect all the existing survey
monuments, bench marks, survey marks and stakes. Removal of such
monuments, or displacement thereof, shall require their resetting, including corner
record filing, for the existing type of monument in question at the Contractor's sole
expense.
Any existing monument shall not be disturbed. Where the Engineer concurs, in writing,
with the Contractor that protecting an existing monument in place is impractical, the
Contractor shall employ a California Licensed Land Surveyor to establish the location of
the monument before it is disturbed. The Contractor shall have the monument replaced
by a California Licensed Land Surveyor no later than thirty (30) days after construction is
completed at the site of the replacement. The California Licensed Land Surveyor shall
file corner record(s) as required by Sections 8772 and 8773, et seq., of the California
Business and Professions Code.
Payment for the costs of Land Surveyors, replacement of disturbed monuments and the
filing of corner records shall not be considered part of the work necessitating the
disturbance of said monuments and no additional payment will be made by City to
Contractor therefor.
2.3.6 SURVEY SERVICE
The provisions of Subsection 3-10 of the Standard Specifications shall be deleted in their
entirety and the following substituted therefor:
The Contractor shall hire and pay for the services of a California Licensed Land Surveyor
to perform all work necessary for establishing control, construction staking, records
research, and all other surveying work necessary to perform the Work; and to provide
other surveying services, if required by the Contract Documents, in accordance with the
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Land Surveyors Act. The California Licensed Land Surveyor shall be present on the site
during all surveying operations and shall personally supervise and certify the surveying
work.
Payment for work performed to satisfy the requirements of surveying shall be included by
Contractor in its bid for any items requiring the survey work and no additional payment will
be made by City to Contractor therefor.
2.3.7 INSPECTION
The provisions of Subsection 3-5 of the Standard Specifications shall be deleted in their
entirety and the following substituted therefor:
The Engineer shall have complete and safe access to the Work at all times during
construction, and shall be furnished with every reasonable facility for ascertaining that the
materials and the workmanship are in accordance with the Contract Documents, including
but not limited to, the Standard Specifications, the Special Provisions, and the Plans. All
labor, materials, and equipment furnished shall be subject to the Engineer's inspection.
The Contractor shall notify the engineer at least twenty-four (24) hours before any
inspection is required.
If the Contractor is allowed by the Engineer to work outside the hours of operations
specified in this Special Provisions, on weekends, or on days designated as holidays by
the City, and if the Engineer decides that inspection services are required during such
times, the costs for those services shall be borne by the Contractor. When the Work is
substantially completed, a representative of the Engineer will make the final inspection.
- END OF SECTION -
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SECTION 2.4 - CONTROL OF MATERIALS
2.4.1 MATERIALS
2.4.1.1 GENERAL.
The following is hereby added to this subsection of the Standard Specification:
The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the
entire work will meet all requirements of this contract as to the quality of materials,
equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make
any repairs or replacements made necessary by defects in materials, equipment, or
workmanship that become evident within one (1) years after the date of recordation of
the Notice of Completion. Within this one-year period, the Contractor shall also restore
to full compliance with requirements of this contract any portion of the work which is
found to not meet those requirements. The Contractor shall hold the AGENCY
harmless from claims of any kind arising from damages due to said defects or
noncompliance. The Contractor shall make all repairs, replacements, and restorations
within thirty (30) days after the date of the City Engineer’s written notice.
The Contractor shall place the order(s) for all long-lead supplies, materials, and
equipment, for any traffic signing, striping, legends, and traffic control facilities within
three (3) working days after the receipt of the Notice of Award from the City. The
Contractor shall furnish the Engineer with a statement from the vendor(s) that the
order(s) for said supplies, materials, and equipment has been received and
accepted by said vendor(s) within fifteen (15) working days from the date of receipt
of Notice of Award.
2.4.2 TRADE NAMES OR EQUALS
2.4.2.1 Substitutions. - Paragraph 2 of Subsection 4-6 of the Standard
Specifications shall be amended to read as follows:
Whenever any particular material, process, or equipment is indicated
by a patent, proprietary, or brand name, or by the name of the
manufacturer, such wording is used for the purpose of facilitating its
description and shall be deemed to be followed by the words "or
equal." A Bidder may offer any material, process, or equipment
considered as equivalent to that indicated, unless the City Council,
or its designee, makes a finding that is described in the invitation
for bids or request for proposal that a particular material, product,
thing, or service is designated by specific brand or trade name for
any of the following purposes:
1. In order that a field test or experiment may be made to
determine the product's suitability for future use.
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2. In order to match other products in use on a particular public
improvement either completed or in the course of completion.
3. In order to obtain a necessary item that is only available from
one source.
4. In order to respond to an emergency declared by a local agency,
but only if the declaration is approved by a four-fifths vote of the
governing board of the local agency issuing the invitation for bid or
request for proposals; or in order to respond to an emergency
declared by the state, a state agency, or political subdivision of the
state, but only if the facts setting forth the reasons for the finding of
the emergency are contained in the public records of the authority
issuing the invitation for bid or request for proposals.
Failure of the Bidder to submit requests for substitution with the Bid,
using the form provided in Appendix C of the Contract Documents,
shall be deemed to signify that the Bidder, if awarded the contract,
intends to furnish one of the brands named in these Special
Provisions and the Bidder does thereby waive all rights to offer or
use substitute materials, products, or equipment for that which was
originally specified. Data substantiating a request for substitution of
an "or equal" item shall be submitted either with the Bid or not later
than ten (10) days following the Bid opening, and will not be
considered until after execution of the Agreement by all parties.
2.4.2.2 Submittals for Approval of "Or Equals." – The first sentence of Paragraph 3
of Subsection 4-6 of the Standard Specifications shall be amended to read as follows:
Should the Contractor request approval for substitution of "or equal" products,
it shall, at its expense, submit data substantiating such request to the Engineer
as per Subsection above. Data for approval to substitute "or equal" products
shall include complete calculations, technical specifications, samples, or
published documents relating to the performance and physical characteristics
of the proposed substitute.
- END OF SECTION -
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SECTION 2.5 – Legal Relations and Responsibilities
2.5.1 LABOR
2.5.1.1 General.
The following is hereby added to this subsection of the Standard Specifications:
The Contractor, and all subcontractors, suppliers, and vendors, shall comply with all
AGENCY, State and Federal orders regarding affirmative action to ensure equal
employment opportunities and fair employment practices. Failure to file any report due
under said orders will result in suspension of periodic progress payments. The
Contractor shall ensure unlimited access to the job site for all equal employment
opportunity compliance officers. In accordance with the labor Code, as provided in
Section 1773 et seq., the City has on file in the City Clerk’s office the latest prevailing
rates as established by the Director of Industrial Relations of the State of California. The
Contractor shall not pay less than these rates.
2.5.2 INSURANCE.
2.5.2.1 General Liability Insurance.
The liability insurance coverage values are hereby amended to be:
Insurance Coverage Requirements Limit Requirements
Comprehensive General Liability $2,000,000
Product/Completed Operations Hazard $2,000,000
Comprehensive Automobile Liability $2,000,000
Contractual General Liability $2,000,000
Worker’s Compensation Statute
A combined single limit policy with aggregate limits in the amount of $4,000,000 will be
considered equivalent to the required minimum limits. A pro forma copy of the policy(s)
shall be submitted to the City. A certificate of endorsement naming the City and its
Agents as additional insured identifying the coverage limits, dates of coverage
insurance provided, and project number is required.
2.5.3 SAFETY.
2.5.3.1 Work Site Safety.
2.5.3.2 General.
Subsection 2.5.3.2 is hereby added to Section 5 of the Standard Specifications as
follows:
It is part of the service required of the Contractor to make whatever provisions are
necessary to protect the public. The Contractor shall use foresight and shall take such
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steps and precautions as its operations warrant to protect the public from danger, loss
of life or loss of property, which would result from interruption or contamination of public
water supply, interruption of other public services, or from the failure of partly completed
work or partially removed facilities. Unusual conditions may arise on the work, which
will require that immediate and unusual provisions be made to protect the public from
danger or loss, or damage to life and property, due directly or indirectly to prosecution of
work under this contract.
Whenever, in the opinion of the Engineer, an emergency exists against which the
Contractor has not taken sufficient precaution for the public safety, protection of utilities
and protection of adjacent structures or property, which may be damaged by the
Contractor’s operations and when, in the opinion of the Engineer, immediate action shall
be considered necessary in order to protect the public or property due to the
Contractor’s operations under this contract, the Engineer will order the Contractor to
provide a remedy for the unsafe condition. If the Contractor fails to act on the situation
within a reasonable time period, the Engineer may provide suitable protection to said
interests by causing such work to be done and material to be furnished as, in the
opinion of the Engineer may seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and expense of
such repairs as are deemed necessary, shall be borne by the Contractor. All expenses
incurred by the AGENCY for emergency repairs will be deducted from the progress
payments and the final payment due to the Contractor. However, if the AGENCY does
not take such remedial measures, the Contractor is not relieved of the full responsibility
for public safety.
- END OF SECTION -
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SECTION 2.6 – PROSECUTION AND PROGRESS OF THE WORK
2.6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
The following is hereby added to this subsection of the Standard Specifications:
The Contractor’s proposed Construction Schedule shall be submitted to the Engineer
within ten working days after the date of the Agency’s execution of the Contract
Agreement. The schedule shall be supported by written statements from each supplier
of materials or equipment indicating that all orders have been placed and acknowledged
and setting forth the dates that each item will be delivered.
Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction
meeting with the Contractor to review the proposed Construction Schedule and delivery
dates, arrange utility coordination, discuss construction methods, and clarify inspection
procedures.
The Contractor shall submit periodic Progress Reports to the Engineer by the last day of
each month. The Report shall include an updated Construction Schedule. Any
deviations from the original schedule shall be explained. Progress payments will be
withheld pending receipt of any outstanding reports.
2.6.2 TIME OF COMPLETION
After the Agreement has been executed by all parties, and a written Notice to Proceed has
been issued to the Contractor, the Contractor shall start the Work within ten (10) working
days after the date specified in said Notice to Proceed.
Said Work shall be diligently prosecuted to completion before the expiration of:
FIFTY (50) CALENDAR DAYS
from the date specified in a written Notice to Proceed from the City.
2.6.3 DEFAULT BY CONTRACTOR
2.6.3.1 The provisions Subsection 6-7 of the Standard Specifications shall be
deleted in their entirety and the following substituted therefor:
The Agreement may be cancelled by the City Council without liability for
damages, upon the City Council’s determination that the Contractor is not
complying in good faith with the terms of the Agreement, has become
insolvent, or has assigned or subcontracted any part of the Work without
the City Council’s consent. In the event of such cancellation, the Contractor
will be paid the actual amount due based on Unit Prices or lump sums bid
and the quantity of Work completed at the time of cancellation. Any
damages sustained by the City due to acts or omissions of the Contractor
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will be subtracted from this amount. The Contractor, in having tendered a
Bid, shall be deemed to have waived any and all claims for damages
because of cancellation of the Agreement for any of the reasons specified in
this paragraph. If the City declares the Agreement canceled for any of the
reasons specified in this paragraph, written notice to that effect shall be
served by the City via personal delivery or by certified mail (return receipt
requested) upon Contractor’s Surety. The Surety shall, within five (5)
working days after receiving the written notice, assume control and perform
the work as successor to the Contractor.
If the Contractor fails to: begin delivery of material and equipment;
commence work within time specified; maintain the rate of delivery of
material; execute the work in the manner and at such locations as specified;
maintain a work program which will ensure the City’s interest; or carry out the
intent of the Agreement; written notice may be served by the City via
personal delivery or by certified mail (receipt requested) upon the Contractor
and its Surety on its Performance Bond demanding satisfactory compliance
with the Agreement.
If the Contractor or its Surety does not comply with such notice within five (5)
working days after receiving it, or fails to continue after starting to comply, the
City may exclude the Contractor and/or its Surety from the premises and take
possession of all material and equipment. The City may complete the Work
in any manner consistent with applicable California law, including but not
limited to use of its own forces, or by letting the unfinished work to another
Contractor. In any event, the cost of completing the Work shall be charged
against the Contractor and its Surety and may be deducted from any money
due or becoming due from the City. If the sums due under the Agreement
are insufficient, the Contractor or Surety shall pay to the City, within five (5)
working days after the completion of the unfinished work, all costs in excess
of the sums due.
If the Surety assumes any part of the Work, it shall take the Contractor’s
place in all respects for that part and shall be paid by the City for all work
performed by it in accordance with the Agreement. If the Surety assumes the
entire Agreement, all money due the Contractor at the time of its default shall
be payable to the Surety as the work progresses, subject to the terms of the
Agreement.
The provisions of this Subsection shall be in addition to all other rights and
remedies available to the City under law.
2.6.4 DAYS DESIGNATED AS HOLIDAYS BY THE CITY OF LYNWOOD
2.6.4.1 Days Designated as Holidays by the City of Lynwood. - In accordance
with the Standard Specifications, the days designated as holidays by the City are:
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New Year’s Day Independence Day
Martin Luther King’s Birthday Labor Day
César Chávez’ Birthday Thanksgiving Day
Christmas Day Memorial Day
Any holiday shown above that falls on a Sunday shall be observed the following
Monday.
2.6.4.2 Days Designated as Holidays by BOTH the State of California AND the
United States Federal Government. - In addition to the holidays specified in
§2.6.4.1, holidays observed by BOTH the State of California AND the United States
federal government shall also be granted by the City and are designated as follows:
Presidents’ Day Columbus Day
Veterans’ Day
Any holiday shown above that falls on a Sunday shall be observed the
following Monday.
2.6.5 LIQUIDATED DAMAGES
2.6.5.1 Amount. - The amount of Liquidated Damages as specified in Section 6-9
of the Standard Specifications shall not apply. The applicable amount of Liquidated
Damages shall be specified in the Agreement.
2.6.6 TIMES OF OPERATION
2.6.6.1 Hours of Operation. - No construction activities shall take place and no
person shall operate, permit, use, or cause to operate any of the following, other
than between the hours of 7:00 a.m. to 3:30 p.m. (9:00 a.m. to 3:00 p.m. for work
involving arterial streets), Monday through Friday, with no work allowed on City-
observed holidays, unless otherwise approved by the Engineer:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools
2.6.7 NOTIFICATION
The Contractor shall notify the City of Lynwood and the owners of all utilities, subsurface
installations and substructures not less than forty-eight (48) hours prior to starting
construction. The following list of names and telephone numbers is intended for the
convenience of the Contractor and is not guaranteed to be complete or correct:
AT&T (310) 515-2419
City of Lynwood (310) 603-0220
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City of Lynwood Water & Sewer (310) 603-0220, Ext. 800
Consolidated Disposal Services (trash collection) (562) 577-6277
Los Angeles County Fire Department (Sta. 147) (310)605-5670
Los Angeles County Fire Department (Sta. 148) (310) 603-5270
L.A. County Public Works/Flood Control (626) 458-5100
Los Angeles County Sheriff’s Department (323) 508-4800
MV Transportation, Inc. (bus service) (562) 259-9911
Lynwood Unified School District (310) 605-5670
Park Water Company (562) 923-0711
Southern California Edison (800) 655-4555 or (310) 608-5005
Southern California Gas (310) 605-7909
Time Warner Cable (562) 259-2015 or (888) 892-2253
Underground Service Alert (800)227-2600
U.S. Postal Service (800) 275-8777
The Contractor shall notify the U.S. Postal Service and trash collection company of all
work areas affecting service five (5) working days prior to construction and shall coordinate
the work so that these services are not interrupted.
2.6.8 CONSTRUCTION SCHEDULE
The provisions of Subsection 6-1 of the Standard Specifications shall be amended as set
forth in the following Subsections:
2.6.8.1 Schedule of Work. - A schedule of Work as required under Section 6-1 of
the Standard Specifications shall be provided by the Contractor at the pre-
construction meeting.
2.6.8.2 Method. - The Contractor shall provide a project management tool in the
form of a Critical Path Method (CPM) network schedule for planning and scheduling
of all work required under the Agreement. All schedule reports shall be in the form
of computer printouts. The Contractor may elect to use bar charts (Gantt charts) as
a supplementary on-site scheduling tool; provided, that all such bar charts shall be
generated in the computer from the approved CPM network schedule.
CPM schedules may be submitted in either arrow diagram or time-scaled
precedence diagram format, subject to the requirements of these Special
Provisions.
2.6.8.3 Qualifications. - A statement of computerized CPM capability shall be
submitted in writing prior to the award of the Contract, and shall verify that either the
Contractor's organization has in-house capability to prepare and use CPM
scheduling techniques, or that the Contractor will employ a CPM consulting firm
who is so qualified.
2.6.8.4 Submittal Procedures. - Within twenty (20) working days of execution of
the Agreement by all parties, and within ten (10) working days of the Engineer's
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written request at any other time, the Contractor shall submit the schedule and
schedule reports in the form specified herein. The Contractor, if requested by the
Engineer, shall provide revised network diagrams and schedule reports if at any
time the Engineer considers the completion date to be in jeopardy because of
"activities behind schedule." Such additional network diagrams and reports shall
include a new arrow or precedence diagram and schedule reports conforming to
the requirements of Subsection 2.6.8.7 of these Special Provisions, showing how
the Contractor intends to accomplish the Work to meet the completion time
specified. The form and method employed by the Contractor shall be the same as
that required for the initial schedule submittal.
2.6.8.5 Schedule Revisions. - The Contractor shall modify any and all portions of
the construction schedule that become infeasible because of activities or
procurement behind schedule, or for any other valid reason. Any activity that cannot
be completed by its original latest completion date shall be deemed to be behind
schedule.
2.6.8.6 Change Orders. - Upon issuance of a Change Order or other Contract
modification, the approved change shall be reflected in the next submittal of the
Construction Schedule.
2.6.8.7 Approved Standards. -
2.6.8.7.1 Definition. - CPM scheduling, as required under this Section, shall
be interpreted to be generally as outlined in the Associated General
Contractors of America publication, "The Use of CPM in Construction," as
amended by these Special Provisions.
2.6.8.7.2 Construction Schedules. - Construction schedules shall include
computer-generated graphic networks and computerized construction
schedule reports meeting requirements of this Section.
2.6.8.7.3 Networks. - The CPM scheduling network shall be in the form of a
time-scaled arrow or time-scaled precedence diagram of the "activity-on-
arrow" or the "activity on node" type and may be divided into separate pages
with suitable notation relating to the interface points between the pages.
Individual pages shall not exceed thirty-six (36) by sixty (60) inch sheet size.
Notation on each activity arrow or node shall include a brief work description
and duration estimate.
All construction activities and procurement shall be indicated in a time-
scaled format and calendar scale shall be shown along the entire sheet
length. Each activity arrow or node shall be plotted so that the beginning
and completion days and free float time of said activity can be determined
graphically by comparison with the calendar scale. All activities shall be
shown using symbols that clearly distinguish between critical path activities
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and free float for each non-critical activity. All non-critical path activities shall
show estimated performance time and free float time in scaled format.
2.6.8.7.4 Duration Estimates. - The duration estimates indicated for each
activity shall be computed in working days, converted to calendar days, and
shown on the construction schedule in calendar days, and shall represent
the single, best estimate considering the scope of the Work and resources
planned for the activity. Except for certain non-labor activities, such as
curing of concrete, paint drying, procurement, or delivering of materials,
activity duration shall not exceed ten (10) working days [fourteen (14)
calendar days] nor be less than one (1) working day, unless otherwise
accepted by the Engineer.
2.6.8.7.5 Schedule Reports. - Schedule Reports shall be prepared from
the initial construction schedule and from all subsequent revisions of the
schedule. As a minimum, Schedule Reports shall contain the following data
for each activity:
1.Activity numbers (or i-j numbers)
2.Estimated activity duration
3.Activity description (including procurement items)
4.Early Start date (calendar dated)
5.Early Finish date (calendar dated)
6.Late Start date (calendar dated)
7.Late Finish date (calendar dated)
8.Status (whether critical)
9.Total Float for each activity
10. Free Float for each activity
2.6.8.7.6 Project Information. - As a minimum, each Schedule Report shall
include the following summary data:
1.Project name
2.Contractor name
3.Sequence or revision number or date
4.Project duration
5.Scheduled completion date
6.Date of commencement of the Work
7.Cite new completion date, if applicable
2.6.8.8 Schedule Monitoring. – At least once a month, and when specifically
requested by the Engineer, the Contractor shall submit to the Engineer a computer
printout of the latest updated Schedule Report for those activities that remain to be
completed.
-END OF SECTION -
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SECTION 2.7 – MEASUREMENT AND PAYMENT
2.7.1 GENERAL
2.7.1.1 Payment. – Paragraph 2 of Subsection 7-3.1 of the Standard Specifications
shall be amended to read as follows:
Payment for the various items of the Bid Schedule(s) shall include all compensation
to be received by the Contractor for furnishing all tools, equipment, supplies, and
manufactured articles, and for all labor, operations, and incidentals appurtenant to
the items of work being described, as necessary to complete the various items of the
Work in accordance with the requirements of the Contract Documents, including all
appurtenances thereto, and including all costs of permits and costs of complying with
the regulations of any public agencies having jurisdiction over Contractor or the
Work, including, but not limited to, the Safety and Health Requirements of the
California Division of Industrial Safety and the Occupational Safety and Health
Administration of the U.S. Department of Labor (OSHA).
No separate or additional payment will be made for any item that is not specifically
set forth in the Bid Schedule(s), unless approved and covered by a subsequent
Change Order(s) issued in accordance with the provisions of the Contract
Documents and all costs for any such items shall be included in the prices named in
the Bid Schedule(s) for the various appurtenant items of Work.
2.7.1.2 Progress and Final Payments. – Paragraphs 2 through 5 of Subsection 7-3.2.
of the Standard Specifications shall be deleted in their entirety and the following
substituted therefore:
In order to receive monthly progress payments for Unit Price Bid Schedule(s), for
work performed to the established closure date, the Contractor shall submit to the
Engineer a billing invoice and an attachment containing a correct list of estimated
quantities and work completed by the Contractor for the applicable Unit Price Bid
Items listed in the Bid Schedule(s). Such invoice shall also include a statement of
accumulated working days. The estimated quantities and work completed shall be
verified by the Engineer prior to processing payment.
In order to receive monthly progress payments for Lump Sum Bid Schedule(s), for
work performed to the established closure date, the Contractor shall submit to the
Engineer a billing invoice and an attachment containing a correct list of estimated
quantities and work completed, in accordance with the Schedule of Values
approved by the Engineer. Such invoice shall also include a statement of
accumulated working days. The estimated quantities and work completed shall be
verified by the Engineer prior to processing payment.
When the entire Project has been satisfactorily completed, the Contractor shall
submit its final billing invoice and required detailed attachment to the Engineer for the
required verification and preparation of the final estimate.
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Acceptance of any progress payment accompanying any estimate without written
protest shall be an acknowledgment by the Contractor that the number of
accumulated working days shown on the associated statement of working days is
correct. Progress payments made by the City to the Contractor after the completion
date of the Agreement shall not constitute a waiver of liquidated damages.
Subject to the provisions of Section 22300 of the Public Contract Code, a five
percent (5%) retention will be withheld from each progress payment. All monthly
invoices or payment requests, together with the required attachments detailing the
number of days worked and estimates of quantities and work completed, shall be
directed to and approved by the Engineer before submittal to the City for payment.
Pursuant to the provisions of California Public Contract Code Section 20104.50,
should City fail to make any progress payment within thirty (30) days after receipt of
an undisputed and properly submitted payment request (or invoice) from Contractor,
City shall be liable to pay interest on such late payment equivalent to the legal rate
set forth in subdivision (a) of Section 685.010 of the California Code of Civil
Procedure. Upon receipt of an invoice or payment request from Contractor, the City
shall: (1) review the invoice as soon as practicable after receipt to determine that the
invoice is a proper payment request / invoice; and (2) return to the Contractor within
seven 7 days of receipt any invoice / payment request the City determines to be
improper, accompanied by a writing setting forth the reasons for City’s determination
of impropriety. The number of days available to City to make a payment without
incurring interest as set forth in this paragraph shall be reduced by the number of
days the City exceeds the seven (7) day return period set forth in the previous
sentence.
The Contractor shall submit with each invoice the Contractor's conditional waiver of
lien for the entire amount covered by such invoice and valid unconditional waivers of
lien from the Contractor and all subcontractors and materialmen for all work and
materials included in any prior invoices. Waivers of lien shall be in forms prescribed
by California Civil Code Section 3262. Prior to final payment by City, Contractor shall
submit a final waiver of lien for Contractor's work, together with releases of lien from
any subcontractor or materialmen.
2.7.2 SCHEDULING, MEASUREMENTS AND PAYMENTS
2.7.2.1 Initial Mobilization: - The following paragraphs shall be added to the end of
Subsection 7-3.4 of the Standard Specifications:
Measurement for payment for Mobilization will be based upon completion of
such work as a lump sum, non-proratable pay item, and shall require completion
of all of the listed items during the first twenty-five (25) days following the Notice
to Proceed.
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Payment for Mobilization will be made at the lump sum allowance named in the
Unit Price Bid Schedule(s) under the Bid Item, “Mobilization,” which price shall
constitute full compensation for all such work. Payment for mobilization will be
made in the form of a single, lump-sum, non-proratable payment. The Bid Item,
“Mobilization,” will not be approved for payment until all mobilization items listed
herein have been completed as specified. The scope of work included under the
Bid Item, “Mobilization” shall include, but not be limited to, the following principal
items:
1.Obtaining and paying for all bonds, insurance, and permits.
2.Moving onto the site all Contractor’s plant and equipment required for first
month’s operations.
3.Installing temporary construction power, wiring, and lighting facilities.
4. Establishing fire protection system.
5. Developing and installing a construction water supply per the Standard
Specifications.
6.Providing on-site sanitary facilities and potable water facilities as specified per
Cal-OSHA.
7.Furnishing, installing, and maintaining all storage buildings or sheds
required for temporary storage of products, equipment, or materials that
have not yet been installed in the Work. All such storage shall meet
manufacturer’s specified storage requirements and the specific provisions
of the specifications, including temperature and humidity control, if
recommended by the manufacturer and for all security.
8.Arranging for and erection of Contractor’s work and storage yard.
9.Posting all OSHA required notices and establishment of safety programs per
Cal-OSHA and as required by the Standard Specifications.
10. Having the Contractor’s superintendent at the job site full time as required
under the Standard Specifications.
11. Submittal of required Construction Schedule as specified in Subsection 6-1 of
the Standard Specifications.
12. Submittal of Proposed Construction Schedule on or before the Preconstruction
Conference, acceptable to the Engineer, per Subsection 6-1 of the Standard
Specifications and Subsection 2.6.8 of these Special Provisions.
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13. Submittal of detailed Preliminary Construction Schedule for the Engineer’s
approval within seven (7) calendar days after the commencement date
specified in the Notice to Proceed.
14. Submittal of an As-Planned Construction Schedule, embodying all corrections
required by the Engineer, within thirty (30) calendar days of the date of the
Notice to Proceed. No payment for mobilization can be made until this has
been approved and submitted.
15. Providing and maintaining the field office trailers for the Contractor and the
Engineer, complete, with all specified furnishings and utility services including
telephones, telephone appurtenances, computer and printer, and copying
machine per the Special Provisions.
16. Providing on-site communication facilities for the City and the Engineer,
including telephones, radio pagers, and a FAX machine.
In addition to the requirements specified above, all submittals shall conform to
the applicable requirements of the Standard Specifications.
No payment for any of the listed mobilization work items will be made until all of
the listed items have been completed to the satisfaction of the Engineer. The
aforementioned amount will be withheld by the City as the agreed, estimated
value of completing all of the mobilization items listed. Any such withholding of
money for failure to complete all such mobilization items as a lump sum item
shall be in addition to the retention of any payments pursuant to the provisions of
the Public Contract Code.
2.7.2.2 Demobilization - Measurement for payment for Demobilization will be based
upon completion of such work as a lump sum, non-proratable pay item, and shall
require completion of all of the Demobilization items listed herein.
Payment for Demobilization will be made at the lump sum allowance named in the Bid
Schedule(s) under the Bid Item, “Demobilization,” which price shall constitute full
compensation for all such work. Payment for Demobilization will be made in the form
of a single, lump sum, non-proratable payment, no part of which will be approved for
payment under the Agreement until all Demobilization items listed herein have been
completed as specified. The scope of the work included under the Bid Item,
“Demobilization” shall include but not be limited to the following principal items:
1. Provide and submit to the City a detailed written summary of the actual
quantities of each bid item.
2. Complete clean up and remediation of all storage and staging sites.
3. Complete clean up and remediation, if required, of all haul routes utilized
by Contractor’s vehicles.
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4.Comply with all terms of the Construction Permit.
5.Submit complete “AS-BUILT” plans.
6.Complete the project punch list.
2.7.2.3 Sheeting, Shoring, and Bracing or Equivalent Method. - Measurement for
payment for temporary sheeting, shoring, and bracing, or equivalent method, will be
based upon the completion of all planning, design, engineering, furnishing, and
construction, and the removal and disposal of all such temporary sheeting, shoring,
and bracing as a lump sum item, complete, as required under the provisions of any
permits and in accordance with the requirements of OSHA and the Construction Safety
Orders of the State of California, pursuant to the provisions of Section 6707 of the
California Labor Code.
Payment for temporary sheeting, shoring, and bracing, or equivalent method, will be made
at the lump sum price named in the Bid Schedule(s) under the Item, “Sheeting, Shoring,
and Bracing, or Equivalent Method”, which price shall constitute full compensation for
completion of all such work as required hereunder.
- END OF SECTION -
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SECTION 2.8 -- FACILITIES FOR AGENCY PERSONNEL
(NOT REQUIRED)
- END OF SECTION -
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SECTION 2.9 - CONSTRUCTION DETAILS (MATERIALS AND METHODS)
TABLE OF CONTENTS
2.9.1 General
2.9.2 Construction Materials
2.9.3 Construction Methods
______________________________________________________________________
2.9.1 GENERAL
Section 2.10, “Construction Details”, includes only technical provisions that add, delete, or
revise that which is already covered in the Standard Specifications, or exercises a choice
that is offered in the Standard Specifications, or adds subjects not covered in the
Standard Specifications.
2.9.2 CONSTRUCTION MATERIALS
2.9.3 CONSTRUCTION METHODS
- END OF SECTION -
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CITY OF LYNWOOD
PUBLIC WORKS DEPARTMENT
_________________________________
PART 3 – TECHNICAL PROVISIONS
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
IN THE CITY OF LYNWOOD
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CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
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, 2018 Edition, and the Special Provisions and General
Conditions of these specifications.
Bid Item No. 1 – Mobilization/Demobilization (Not to exceed 3% of total of all other
Prime Contract Bid Items)
Mobilization shall conform to the provisions of Sections 7-3.4 of the Standard
Specifications.
Mobilization and demobilization shall consist of preparatory work and operations
including, but not limited to, those necessary for the movement of personnel,
equipment, materials, and incidentals to the project site necessary for work on the
project and for all other work and operations which must be performed or costs incurred
including bonds, insurance, and financing prior to beginning work on the various
contract items on the project site. Mobilization shall also include the time, materials,
and labor to move the necessary construction equipment to and from the site,
supervisory time on the job by the Contractor’s personnel to keep the construction site
in a safe condition, and all other related work as required at all times and for all non-
working days during the construction period. The Contractor is responsible for securing
an adequate storage site for equipment and materials. Demobilization includes removal
of all equipment and materials from the site, clean up and restoration of the work site at
the end of project.
No additional amounts shall be paid for erosion control, Best Management Practices
(BMP), erosion damage clean-up, and removal of debris from the project site, NPDES
requirements, or removal of soil deposited on public streets by construction traffic.
Best Management Practices (BMP) shall be defined as any program, technology,
process, citing criteria, operating method, measure, or device, which controls, prevents,
removes, or reduce pollution.
The Contractor shall have a minimum of two readily accessible copies of each
publication on the Contract site at all times plus any copies of applicable environmental
mitigation plans.
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Additional BMPs may be required as a result of a change in actual field conditions,
Contractor activities, or construction operation. When more than one BMP is listed
under each specific BMP category, the Contractor shall select the appropriate and
necessary number of BMPs within each category in order to achieve the BMP objective.
BMPs for Contractor activities shall be continuously implemented throughout the year
and project time period. BMPs for erosion control and 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 Mobilization/Demobilization shall be included in the Lump Sum (LS)
Price bid and shall be considered full compensation for obtaining all business licenses
and permits, as required for the entire project, from all related agencies, including, but
not limited to, utility companies, private and public agencies and the City of Lynwood;
and complying with the requirements specified in those licenses and permits;
coordination, field office facility, implementation of Best Management Practices, and
incidentals necessary to perform all related items of work. Progress payments for this
bid item shall be paid for in accordance with the completion percentage of the project to
the Contractor and shall include the cost of such mobilization administration during the
entire contract period and demobilization. No additional compensation will be allowed
therefor. The sum total of this Bid Item shall not exceed 3% of the total of all other Bid
Items.
Bid Item No. 2 – Traffic Control
Traffic control, Traffic control plan, construction signing and traffic maintenance shall
comply with the provisions of Subsection 5-7, 600 and 601 of the Standard
Specification, Subsection 56-2 of the 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 California Manual on Uniform Traffic Control Devices (CA-
MUTCD), the traffic control plans and these Special Provisions.
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The Contractor shall maintain the following clearances from the edge of traffic lanes:
1)5 feet to any excavation,
2)2 feet to curbs or 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
pavement spreading schedule, the Contractor is to notify residents and businesses of
the proposed work and post temporary “NO PARKING” signs at no cost to the City.
Signs shall be posted at all intersections, and on each side of the street a maximum of
200 feet between signs. Signs shall not be attached to existing poles, street light
standards or trees. All signs must be posted on delineators or stakes provided by the
Contractor. The “NO PARKING” signs shall be in place not less than seventy two (72)
hours prior to performing the work; therefore a request for changes in the schedule
requiring additional posting shall be submitted by the Contractor for approval by the City
Engineer at least seventy-two (72) hours prior to reconstruction and overlaying the
street. All conflicting parking signage shall be covered.
Due the nature of this project involving major inconvenience to residents and
businesses, a good Public Relations Program is mandatory and evidence of satisfactory
past performance in this area will be required.
The Contractor is to distribute a minimum of two (2) “Public Notice” to each resident and
business affected by the project. 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
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. The Contractor shall also coordinate with the bus services to ensure the safe
operation of buses and access to bus stops in the construction area.
The Contractor shall also coordinate with the trash disposal and postal services
agencies to ensure the safe operation of their vehicle and access in the construction
area. Notices shall be in English and Spanish language.
All complaints received by the City 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.
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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 601 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.
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:
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1. That the plan will conform to the “California Manual on Uniform Traffic Control
Devices (CA-MUTCD)” Latest Edition.
2. Emergency contact person and phone number.
3. Minimum lane widths and minimum clearance to obstructions.
The traffic control plan shall be reviewed 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. At intersections, if a cross road needs to be temporarily closed when
work is in progress through the intersection and the anticipated traffic delay is more than
five (5) minutes, a detour sign shall be installed on the cross street and shall include the
installation of advance signing displaying the anticipated delay time. The signing of the
detour route shall be approved by the City Engineer prior to installation of the detour
and closure of the road.
The Contractor shall provide for one lane of travel in each direction at all times unless
approved by the City Engineer. When two-way traffic is restricted to one lane in each
direction, and when applying an overlay past intersecting roads, traffic shall be
controlled as required by the “Manual of Traffic Controls for Construction and
Maintenance Work Zones”. A pilot car and driver will be required at various locations if
control by flaggers and/or control devices proves deficient in the opinion of the City
Engineer. In no case shall the Contractor provide less than one (1) lane of travel in
each direction through the construction zone including cross-streets, except if an
alternative plan is approved by the City Engineer.
Contractor’s equipment and personal vehicles of the Contractor’s employees shall not
be parked on the traveled way at any time. Overnight parking of construction
equipment shall be confined to an approved storage site selected by the Contractor and
approved by the City.
TEMPORARY GUIDE MARKERS
Temporary guide markers shall be portable Caltrans, Standard Specifications approved
delineators. Only one type of temporary guide marker shall be used on any road at any
one time.
Temporary guide markers shall be placed adjacent to the edge of all vertical lips or
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excavations that exceed 1 inch. If the temporary guide markers are damaged, or are
not in an up-right position, from any cause, said markers should immediately be
replaced or restored to their original locations, in an upright position by the Contractor.
PORTABLE DELINEATORS
The vertical portion of the portable delineators shall be brilliant orange or predominantly
orange in color. The posts shall be not less than 100 square inches, measured through
the vertical axis of the delineator, normal to the roadway. The minimum height shall be
thirty-seven (37) inches above the traveled way.
Two 4-inch nominal width reflective bands shall be mounted a minimum of 1 ½ inches
apart and at a height on the post so that one reflective band will be between 2.5 feet
and 3 feet above the roadway surface.
Reflective bands shall be flexible vinyl plastic, either white or yellow, and shall have not
less than the following dry reflective values at a 0.2 degree divergence angle,
expressed I units if candlepower per foot-candle per square foot. The wet reflective
values shall not be less than ninety percent (90%) of the dry values.
Dry Reflective Value
Angle of Incidence 4º 5º 30º
White 250 165 50
Yellow 10 110 50
All tests for reflective values shall be performed in accordance with Test Method No.
Calif. 642.
The portable delineators shall be spaced as necessary for proper delineation; however,
in no case shall the spacing between portable delineators 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.
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STRIPING
Temporary striping and marking for traffic control shall conform to Section 310-5.6.5 of
the Standard Specifications. Temporary striping and marking which has no further use
shall be removed by wet sandblasting, and all sand used in sandblasting shall be
removed without delay as the sandblasting operation progresses.
RESTRICTIONS ON CLOSURE OF STREETS AND TRAFFIC LANES
The Contractor shall conduct all operations so as to provide access to the adjoining
properties and have no greater length or quantity of work under construction that can be
properly prosecuted with a minimum of inconvenience to the public.
The Contractor shall construct temporary A.C. ramps or equal to provide safe and
drivable access to residents and business properties daily. If steel plates are required,
they shall be provided by the Contractor at no additional cost to the City.
The Contractor shall coordinate all shipments and deliveries to businesses.
The Contractor shall be responsible for furnishing, placing and maintaining barricades
and lights as necessary to protect the public from danger due to the work being done.
No additional amounts shall be paid for erosion control, 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.
Payment for Traffic Control shall be included in the Lump Sum (LS) Price bid and
shall be considered full compensation for providing and maintaining safe traffic control
including all temporary signs, striping and delineation, preparing and providing traffic
control plan during the project, obtaining all approvals and permits, as required, from all
related agencies, including, but not limited to, public agencies and the City of Lynwood;
and complying with the requirements specified in those licenses and permits,
coordination, field office facility; and incidentals necessary to perform all related items of
work.
Bid Item No. 3 – Cold Mill Existing AC Pavement (2” Deep)
The following is applicable for all cold milling. Cold milling shall conform to the
provisions of Section 404 of the Standard Specifications for Public Works Construction.
The Contractor shall cold mill existing asphalt concrete (AC) pavement to the depth
required for the placement of new pavement as shown on the Plans and as directed in
the field by the Engineer. All work shall be completed in accordance with lines and
grades, and typical cross-sections shown on the drawings. Any extra cold milling
beyond the shown limits shall be at the Contractor’s expense.
All existing asphalt concrete (AC) pavement to join new construction shall be sawcut in
a straight line. Contractor shall exercise due caution to avoid any damage to existing
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improvements, protecting in-place of existing water mains, sewers, storm drains,
meters, valve covers, wall, fences, curbs, fire hydrants, telephone and power poles, and
other existing structures.
It is the Contractor’s responsibility to perform whatever additional exploration is
necessary to avoid causing any damage to the existing utilities under the work area.
Any damage done by the Contractor shall be repaired or replace as called out in
Section 402 of the Standard Specifications for Public Works Construction at the
Contractor’s expense.
This work shall consist of cutting existing asphalt concrete (AC) pavement to facilitate its
removal. Any sawcutting shall be accomplished by the use of a power-driven saw to
provide a clean, straight break without loosening, cracking, or damaging adjoining
asphalt or concrete. A clean sawcut edge shall be maintained until surface course AC is
constructed. Under this item, the use of a grinder will not be allowed in lieu of power-
driven saw.
During the cold milling operation, the Contractor shall remove all loosened materials
from milled areas, haul away and dispose of them at a legal site and submit evidence of
the proper disposal to the City of Lynwood. The Contractor shall abate dust nuisance by
cleaning, sweeping, and sprinkling with recycled water (if available) or other means as
necessary.
Any petromat found during grinding shall be removed by scraping and by burning it with
a torch.
The Contractor shall be responsible to assume the cost of removing, hauling, recycling
and any other incidental of any petromat found during grinding operation and no
adjustment on the Bid price shall be made. Also, The Contractor shall remove all
asphalt residuals along existing gutter.
Crack Sealing
After the completion of the cold milling operation, ¼” wide cracks and larger shall be
cleaned by hot air blowing to provide intact bonding surfaces which are free of moisture
and debris. After the cracks have been properly cleaned, they shall be sprayed with an
approved soil sterilant, and then filled with SS-1H asphaltic emulsion and sanded.
Cracks and pop-outs larger than 1” wide shall be sealed with a D2-SC-800 stockpile
mix. Crack sealing shall be paid under a separate bid item (Bid Item No. 5).
Payment for Cold Milling of Existing Asphalt Concrete (AC) Pavement shall be paid
for at the price bid per Square Foot (SF) and shall be considered full compensation for
furnishing labor, materials, equipment, sawcutting, removals, hauling and disposal of
asphalt concrete materials excavated or grinded, grade for the base, compaction and no
additional compensation will be allowed therefore. Payment for the removal of Petromat
fabric material shall be included in this bid item of work and no additional compensation
will be allowed.
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Bid Item No. 4 – Construct 2” Thick AC (C2-PG 64-10)
This Bid Item shall include all labor, material and equipment required to construct
asphalt concrete. AC, as shown on the plans and as specified in Section 203-1 of the
Standard Specifications for Public Works Construction and shall conform to the
following:
The Contractor shall submit a copy of the asphalt concrete mix design.
All work shall conform to Section 302-5 of the “Standard Specifications for Public Works
Construction” and these Special Provisions.
All materials are subject to testing under separate Bid Item.
Tack coat shall be Grade SS-1H, per Section 302-5.4 and shall be applied to the
perimeter of all AC removal and replacement locations and cold milling locations. (All
tack coat overspray on gutter lip shall be removed.)
The Contractor shall use a PG Asphalt Binder.
PG Asphalt binder shall conform to the following requirements:
1.Description
Asphalt shall consist of refined petroleum or a mixture of refined liquid asphalt and
refined solid asphalt, prepared from crude petroleum. Asphalt shall be:
A.Free from residues caused by the artificial distillation of coal, coal tar, or
paraffin.
B.Free from water.
C.Homogeneous.
2. Materials
A.General
The Contractor shall furnish asphalt in conformance with the State of California
Department of Transportation (Caltrans) “Certification Program for Suppliers of Asphalt.”
Caltrans maintains the program requirements, procedures, and a list of approved
suppliers can be obtained from (Caltrans).
The Contractor shall ensure the safe transportation, storage, use, and disposal of
asphalt. The Contractor shall prevent the formation of carbonized particles caused by
overheating asphalt during manufacturing or construction.
B.Grades
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Performance graded (PG) asphalt binder shall be PG 64-10 and conform to the
following:
Performance Graded Asphalt Binder
Property
AASHTO
Test
Method
Specification
Grade
PG
58-22 a
PG
64-
10
PG
64-16
PG
64-28
PG
70-10
Original Binder
Flash Point, Minimum ºC T48 230 230 230 230 230
Solubility, Minimum % b T44 99 99 99 99 99
Viscosity at 135ºC, c
Maximum, Pa’s
T316
3.0 3.0 3.0 3.0 3.0
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*/sin(delta), kPa
T315
58
1.00
64
1.00
64
1.00
64
1.00
70
1.00
RTFO Test e,
Mass Loss, Maximum, %
T240
1.00 1.00 1.00 1.00 1.00
RTFO Test Aged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*/sin(delta), kPa
T315
58
2.20
64
2.20
64
2.20
64
2.20
70
2.20
Ductility at 25ºC
Minimum, cm
T51
75 75 75 75 75
PAV f Aging,
Temperature, ºC
R28
100 100 100 100 100
Notes:
a.Recommended as asphalt rubber base stock for high mountain and high desert area.
b. The Engineer may waive this specification if the supplier is a Quality Supplier as defined by the Caltrans’
“Certification Program for Suppliers of Asphalt.”
c.The Engineer may waive this specification if the supplier certifies the asphalt binder can be adequately
pumped and mixed at temperatures meeting applicable safety standards.
d.The sample will be tested at 3ºC higher if it fails at the specified test temperature. G*sin(delta) shall remain
5000 kPa maximum.
e.“RTFO Test” means the asphaltic residue obtained using the Rolling Thin Film Oven Test, AASHTO Test
Method T240 or ASTM Designation: D 2827.
RTFO Test and PAV Aged Binder
Dynamic Shear,
Test Temp. at 10 rad/s, ºC
Mínimum G*sin(delta), kPa
T315
22 d
5000
31 d
5000
28 d
5000
22 d
5000
34 d
5000
Creep Stiffness,
Test Temperature, ºC
Maximum S-value, MPa
Minimum M-value
T313
-12
300
0.300
0
300
0.300
-6
300
0.300
-18
300
0.300
0
300
0.300
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f.“PAV” means Pressurized Aging Vessel.
C. Sampling
The Contractor’s asphalt supplier shall provide a sampling device in the asphalt feed
line connecting the plant storage tanks to the asphalt weighing system or spray bar.
The sampling device shall be accessible between 600 and 750 mm (30 inches) above
the platform. The supplier shall provide a receptacle for flushing the sampling device.
The sampling device shall include a valve:
1)With a diameter between 10 and 20 mm.
2)Manufactured in a manner that a one-liter sample may be taken slowly at any time
during plant operations.
3)Maintained in good condition.
The Contractor’s supplier shall replace failed valves.
In the presence of the City Engineer, the Contractor’s supplier shall take 2 one-liter
samples per operating day. Round friction top containers with one-liter capacity for
storing samples shall be provided.
D.Applying Asphalt
Unless otherwise specified, the Contractor shall heat and apply asphalt in conformance
with the provisions in Caltrans Standard Specifications Section 93, “Liquid Asphalts.”
The Contractor shall apply paving asphalt at a temperature between 120ºC and 190ºC.
The City Engineer will determine the exact temperature of paving asphalt.
Subgrade preparation shall conform to Section 301-1 of the Standard Specifications for
sections containing no aggregate base. After removal of the existing pavement section
to the depths required to place the new AC section, re-compaction of the existing
subgrade, if non-AC or non-PC, will be required to 95 percent in conformance with the
requirements set forth in Section 301-1.3 of the Standard Specifications for Public
Works Construction.
At all locations where new asphalt concrete pavement is joining existing asphalt
pavement, the Contractor shall Sawcut or cold mill/grind existing pavement to provide
straight neat lines and place the new asphalt concrete to form a smooth transition.
Payment for Sawcut ting/grinding and removing the existing pavement shall be included
in a separate Bid Item.
The Contractor shall be responsible for maintaining location of, and access to, all water
line gate valves during construction operations.
Initial or breakdown compaction shall consist of a minimum of three roller passes
coverage of a layer of asphalt mixture. A pass shall be a movement of a roller in both
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directions over the same path. Coverage shall be as many passes as are necessary to
cover the entire width being paved. Overlap between passes during any coverage
made to insure compaction without displacement of material in accordance with good
rolling practice shall be considered a part of the coverage being made and not a part of
a subsequent coverage. Each coverage shall be completed before subsequent
coverage is started. Pneumatic rollers shall not be used without prior approval of the
City Engineer. The top AC layer of each lane, once commenced, shall be placed
without interruption.
3. Measurement
The quantities of the asphalt concrete to be paid for will be measured by the actual
tonnage (ton) of material and no additional compensation will be allowed therefor. The
Contractor shall furnish to the City Engineer at the time of delivery of the material on the
job site a legible copy of a Licensed Weighmaster’s Certificate showing gross, tare, and
net weights of each truckload of asphalt concrete mixture.
The City will not compensate the Contractor for any additional costs incurred by change
or lack of availability of asphalt binders or variation of oil pipes.
Temporary asphalt concrete work where required by the City Engineer for traffic control
or other purposes shall be considered included in the price bid for Traffic Control and no
additional compensation will be allowed.
Tack Coat (Not a Bid item)
Existing concrete gutter and curb faces shall be protected against disfigurement from
the asphalt. Residue of the material shall be removed from gutter and curb faces by
sandblasting to the extent required by the Engineer.
The tack coat shall be applied as specified in Subsection 302-5.4 of the Standard
Specifications and these Special Provisions. The Engineer will determine if the
pavement is sufficiently dry for the application of the tack coat. Tack coat shall not be
applied when the temperature of the surface to be tacked is below 40 degrees F in the
shade.
No separate measurement and payment will be made for tack coat.
Payment for Construct 2” Thick AC (C2-PG 64-10) shall conform to the provisions of
Subsection 302-5.9 of the Standard Specifications for Public Works Construction. All
the requirements stated above shall be included in the unit price bid per TON. The
contract unit price per ton shall include full compensation for all surface preparation
furnishing all labor, materials, tools, equipment, removals, disposal, certified weigh
tickets, and incidentals and for doing all the work involved, including furnishing, applying
and cleaning up excess rock dust blotter. The City will not compensate the Contractor
for any additional costs incurred by change or lack of availability of asphalt binders.
Temporary surface work where required by the City Engineer for traffic control or other
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purposes shall be considered included in the price bid for Traffic Control and no
additional compensation will be allowed.
Bid Item No. 5 – Place Slurry Seal Type II with 3% Latex
SECTION 203-5 – EMULSION-AGGREGATE SLURRY
203-5.2 Materials
Materials shall conform to Subsection 203-5 of the Standard Specifications, except as
modified herein. Emulsion – aggregate slurry shall be Type II, unless otherwise
indicated on the plans or in these specifications. The amount and type of accelerator
used shall be approved by the Engineer.
Emulsified asphalt shall be CQS-1h
Prior to a change of emulsion, Contractor shall thoroughly clean all emulsion tanks and
mixing units to prevent any chemical reaction between the two applications.
Contractor shall schedule and coordinate the delivery of aggregate to the stockpile(s)
such that: (1) deliveries originate at the plant and arrive at the stockpile site within
normal work hours on the same calendar day, (2) delivery site and project name are
explicitly state on each delivery ticket, (3) successive deliveries on the same calendar
day show the cumulative total for that day, (4) copies of all delivery tickets are delivered
to the Engineer before the end of the working day, whereas any delivery tickets not so
delivered may be rejected be the Engineer. Any deviation from this process must have
the prior approval of the Engineer.
203-5.6 Test Reports and Certification. A certification of material compliance shall be
provided at least 48 hours prior to delivery of emulsion to the project.
Testing shall be accomplished by an accredited materials testing laboratory approved
by the Engineer and paid for by the Contractor. Tests performed shall provide values
corresponding to all parameters set forth in the table of requirements for the materials
specified.
SECTION 302 – ROADWAY SURFACING
302-4 EMULSION – SLURRY SEAL SURFACING
302-4.2 Mixing
302-4.2 General. Transit mix trucks shall not be used.
Contractor shall arrange with the City for appropriate areas for stockpiling and batching.
The stockpile areas shall be thoroughly cleaned, removing all excess material and all
material contaminated by spilled oil, and left with a neat, orderly appearance upon
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completion of slurry operations in that area.
All trucks which the Contractor proposes to use that exceed the legal load limit will be
required to have overweight permits from the Agency.
Prior to the beginning of slurry operations, Contractor shall furnish, at no cost to the
Agency, a current licensed weigh master’s certificate indicating the net weight capacity
of the aggregate bin.
Contractor shall supply the Engineer with licensed weigh master’s certificates of weights
for all aggregate delivered to the job during the course of each day. Aggregate so
certified as being delivered for use in the contract shall be used only in the slurry
mixture for this contract. Contractor shall also present weigh master’s certificates for
the amount of such aggregate remaining unused at the completion of the contract at no
cost to the Agency. Payment shall be determined by deducting the amount of unused
aggregate from the total amount of aggregate delivered, all as shown on the licensed
weigh master’s certificates. The certificates shall be presented to the Engineer on the
same day the aggregate is delivered.
Water (excluding that water in the emulsified asphalt) shall be added at a rate of from 5
to 10 percent by weight of dry aggregate to ensure proper dispersion of the emulsified
asphalt and proper workability, while (1) avoiding excess water which would allow
separation and settlement of the aggregate, (2) avoiding insufficient water which would
result in balling and coagulation in the mixer, and (3) permitting uncontrolled vehicular
traffic as specified herein. The exact rate will be determined by the Contractor based
upon field conditions subject to approval of the Engineer.
302-4.5 Continuous-Flow Mixers. The mixing unit shall be equipped with a fines
feeder for addition of accelerator.
The spreader box shall be equipped with a suitable drag to erase ridges. A minimum 2-
foot length of burlap material shall be attached to the entire width of the drag. The
spreader box shall be equipped with a steering device.
The slurry spreader box shall be maintained in a good state of repair at all times. The
spreader box main strike off squeegee (rubber) shall be new at the beginning of the
contract and shall be maintained in a good state of repair throughout the contract.
Equipment shall be available for inspection before the beginning of the contract and
again before work is to be accomplished.
302-4.5 Application
302-4.5.1 General. The first paragraph of Subsection 302-4.5.1 of the Standard
Specifications is hereby deleted and replaced with the following:
The work shall consist of preparation, mixing asphaltic emulsion, aggregate, accelerator
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and water, and spreading the mixture on the pavement where shown on the plans.
Type II slurry shall be applied at an approximate rate of 1,250 square feet per extra long
ton.
Actual spread rates shall be approved by the Engineer.
302-4.5.1 Preparation. Prior to application of the slurry, all cracks ¼ inch wide or
greater shall be cleaned by blowing out debris with high pressure compressed air and
the surrounding area shall be swept the same day. See following Section on Crack
Sealing.
All isolated holes and spalls greater than 12 inch in width shall be skin patched and
filled with AC F-AR-4000 compacted flush with existing surface.
Preparation shall include protection of pavement markers, manhole and valve covers,
trimming of interfering trees, shrubbery and ground growth, removing trimmed
vegetation, controlling nuisance water, and sweeping. Immediately prior to slurry
application, the surface shall be cleaned of dust, dirt and other foreign material.
Contractor shall protect existing raised pavement markers, vault covers, manholes,
valve box covers by means approved by the Agency prior to the commencement of any
slurry application.
Slurry on each street should be spread from projection of curb/gutter line of crossing
street.
Slurry shall not be applied over any manhole, valve, survey monument, or
miscellaneous frames and covers. Any material used to protect such devices shall be
removed and disposed of lawfully by the Contractor.
302-4.5 Spreading The first sentence of Subsection 302-4.5.2 is hereby deleted and
replaced with the following:
Slurry seal shall be placed only when the ambient temperature is above 50 degrees
Fahrenheit and rising and the weather and air is dry. No slurry shall be placed during
inclement weather or the threat of. Contractor will bear the responsibility of cancellation
of work on these days and will be responsible for any damages which may arise from
non-cancellation. The Contractor will be responsible for making corrective measures as
necessary for removing and replacing any sealed surface that does not cure sufficiently
within five days to prevent tire tracking. The weather and air of the day prior to
beginning of slurrying shall have been dry and above 50 degrees Fahrenheit.
Each slurry crew shall be composed of a coordinator at the project site at all times, a
competent quick-set mixing person, a competent driver, and sufficient laborers for any
handwork and cleanup.
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Prior to commencement of work, Contractor shall perform test sections for review and
approval by the Engineer. The area of the test sections shall be at least 5,000 square
feet. The section locations shall be in the area of the work, to be specified prior to
construction. In no case will the Contractor begin operations until the test sections have
adequately cured and he has received written approval by the Engineer. The approved
mix design and test section shall be considered the standards for the operation.
No slurry seal shall be placed on a wet street or crossing without the Engineer’s
consent.
In areas with existing asphalt berms, the slurry application shall include the entire berm.
Intersections and commercial driveways shall be completed in two parts to allow ingress
and egress to traffic. Sand may be spread over the fresh slurry only with the permission
of the Engineer.
The cost of cleanup and/or damage caused by vehicles tracking through the slurry seal
will be born solely by the Contractor.
All slurried streets shall be swept by power broom six (6) days after spreading.
302-4.5.5 Public Convenience and Traffic Control. The spreading schedule shall list the
street segments in order of proposed application and denote which segments are to be
completed each day.
The first paragraph of Subsection 302-4.5.5 of the Standards Specifications is hereby
deleted and replaced with the following:
At least 7-working days prior to commencing work, the Contractor shall submit this
slurrying schedule to the Engineer for approval. This schedule shall allow ample on-
street parking within a reasonable distance from homes and businesses for people
affected by the slurry work on the streets. Requests for changes in the schedule shall
be submitted by the Contractor to the Engineer for approval at least 48 hours (2 working
days) prior to the scheduled slurry of the streets involved.
Temporary “No Parking” signs shall be posted at least 48 hours, but no more than 72
hours, in advance of the work. The signs shall be placed no more than 240 feet apart
on each side of the street and at shorter intervals if conditions warrant. The Contractor
shall provide the signs and will be responsible for adding the dates and hours of closure
to the signs, removal of the signs, and furnishing and placing of barricades, if
necessary, for posting of the signs. All signs shall be removed within 48 hours after the
effective date. No signs shall be attached to trees, buildings, boxes, etc. in the right-of-
way. Temporary traffic cone posts shall be used.
Failure of the Contractor to meet and complete his daily schedule due to conditions
under his control once a street has been posted and the aforesaid time provisions for
changes in the schedule have elapsed will result in damages being sustained by the
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Agency. Such damages are, and will continue to be, impractical and extremely difficult
to determine. For each day the Contractor fails to meet and complete the schedule
after posting and after the aforesaid time provisions for changes in the schedule have
elapsed, the Contractor shall pay to the Agency, or have withheld monies due to him the
sum of two hundred fifty dollars ($250) as liquidated damages for each calendar day.
In addition, the Contractor shall hand deliver a public notice to all adjacent residents and
businesses affected by the work at least 48 hours (2 working days) in advance of the
application of slurry.
Contractor shall provide barricades and other traffic control devices as necessary to
eliminate traffic on areas of fresh slurry that might sustain damage from such traffic.
Whenever striping is obliterated, temporary reflective raised pavement markers shall be
placed prior to the end of the working day that the striping is obliterated. The minimum
striping delineation to be provided shall be temporary reflective raised pavement
markers placed at longitudinal intervals of not more than 24 feet. The temporary
reflective raised pavement markers shall be double yellow for the centerline and white
for the lane line.
Temporary reflective raised pavement markers shall be placed in accordance with the
manufacturer’s instructions and shall be cemented to the surfacing with the adhesive
recommended by the manufacturer, except epoxy adhesive which shall not be used.
302-4.10 Measurement and Payment. The second paragraph of Subsection 302-4.10
of the Standard Specifications is hereby deleted and replaced with the following:
The contract unit price per Extra Long Ton (ELT) shall include full compensation for
furnishing and installing emulsion polymer as specified, accelerator or retardant and
water, and all preparation, traffic control, temporary striping delineation, rubber tire
rolling where specified, and other incidentals described in the work and no additional
compensation shall be allowed thereof.
Bid Item No. 6 – Install Crack Seal and Spray Weed Killer
Crack Sealing
Add the following section:
Cracks to be repaired shall include longitudinal and transverse cracks and/or
combination thereof and shall include cracks equal to ¼ inch and greater wide.
The contractor shall spray all cracks to be sealed with “Round Up” weed killer solution
manufactured by Monsanto Company or approved equal; at the rate recommended by
the manufacturer. The chemical solution shall be mixed with purple dye to facilitate
inspection. Any crack without purple color showing after spraying, the Contractor shall
be directed to spray these cracks again at no additional cost to the City.
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Seven (7) calendar days after chemical application, the Contractor shall remove all
weed and vegetation by mechanical means using a ¼ inch wide rotating blade to
ensure proper vegetation removal in narrow cracks.
All cracks shall be routed. Those cracks that are ¼ inch to ½ inch wide shall be routed
to a minimum of ½ inch wide and 1 inch deep. Those cracks greater than ½ inch
wide shall be cleaned and routed to a depth of a minimum of 1.5 inches.
All routed material and foreign debris shall be blown and/or removed from the cracks
using no less than a 175 cfm air compressor at 100 psi (with a special sand for
blowing) to ensure cleanliness of asphalt walls.
Moisture shall be removed using a hot air lance accompanied by no less than a 175
cfm compressor producing an air stream velocity of 3,000 ft/sec and heated air
temperature of 295F with no direct flame.
The routed and cleaned cracks shall be filled with crack sealant RS-1 or equal, by
inserting a nozzle into the crack and filing it from the bottom up, in such manner that
does not result in sealant bridging or entrapped air pockets. With larger cracks
settlement and temperature shrinkage may occur, thus requiring a second application
to bring the material up to the surface. Immediately after sealant installation, the
material shall be squeegeed with a “U” shaped squeegee, striking off excess material
and providing a band-aid effect with the sealant. Any excess sealant material shall be
removed from asphalt surfaces and sealed cracks should be covered with sand.
Measurement and Payment
Payment for weed killer and crack sealing shall be at the contract Lump Sum price bid
for this item of work. Payment shall include all labor, material, equipment and incidental
required to complete all of the work as detailed above and no additional compensation
shall be allowed thereof.
Bid Item No. 7 – Adjust Existing Storm Drain/Sewer/Utility Manhole/Vault Frame
and Cover to Finished Grade
This Bid Item shall include all labor, equipment and materials to adjust existing
sewer/storm drain/utility manhole/vault frames and covers within the project limits to
match finished grade if required. The work shall be performed in accordance with the
provisions of Subsection 403-3 of the Standard Specifications for Public Works
Construction and per Standard Plans for Public Works Construction.
All existing covers that can be lowered and raised shall be lowered prior to cold
milling/removal and adjusted to finished grade by the Contractor or by the Utility Owner
for the Contractor. For utility frames and covers under the jurisdiction of Verizon, AT&T,
Edison, Los Angeles County Flood Control District, Los Angeles County Sanitation
Districts, and County Sewer Maintenance Districts, the Contractor shall contact these
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organizations to arrange for adjustment of their respective facilities a minimum of seven
(7) working days prior to cold milling/paving operations in accordance with Section 403-
3 of the Standard Specifications.
The adjustment of existing manholes/vaults to finished grade shall be performed after
finish paving. The removal or addition of grade rings shall be required to facilitate
adjustment. Frame and covers shall be thoroughly cleaned and reset to finished grade
by cutting pavement one foot outside the limits of the frame and cover. Said cut shall
be neat and uniform.
Payment for Adjustment Storm Drain/Sewer/Utility Manhole/Vault Frames and
Covers to Finished Grade shall be at the contract unit price per Each (EA) and shall
be considered full compensation for labor and furnishing and placing all forms,
materials, construction and expansion joints, curing compounds and equipment to
complete the construction is considered as included in the price paid, and no additional
compensation will be allowed therefor. Where the manhole frame and cover is
performed by the utility owner, no compensation will be made to Contractor.
Bid Item No. 8 – Adjust Existing Water Valve Can and Cover to Finished Grade
Adjusting of water valve cans and covers shall be in accordance with Section 403-3 of
the Standard Specifications, with applicable modifications for water valve cans and
covers. The Contractor is to contact the water utility and determine if the utility wants
the Contractor to lower and raise the water valves sleeves and covers or the water utility
will do so on its own. In the latter case the Contractor will not be paid for this work.
All existing water utility covers that can be lowered and raised shall be lowered prior to
cold milling/removal and adjusted to finished grade by the Contractor or the Utility
Owner. The Contractor shall contact the utility or substructure owner organizations to
arrange for adjustment of their respective facilities a minimum of seven (7) working days
prior to paving operations in accordance with Section 403-3 of the Standard
Specifications.
Adjustment of existing water valve sleeves shall also be performed after finish paving
and covers are to be painted should the Utility Owner want the cover to be painted. The
Utility Owner will let the City know what color is to be used.
Payment for Adjustment of Water Valve Cans and Covers to Finished Grade shall
be based on Each (EA) Unit Price basis and shall be considered full compensation of
all costs associated with their adjustment including labor, materials, equipment, tools,
traffic control and incidentals for doing all the work involved complete in place.
Bid Item No. 9 – Traffic Striping, Markings, Curb Painting
Before removal of AC surface, the Contractor shall video the surface markings, striping,
house addresses, red curb etc. so as to be able to restore them when striping/marking
of new pavement.
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Traffic stripes, pavement markings of arrows, symbols, numbers and words, shall
conform to the California Department of Transportation Standard Specifications: Section
84-3 Painted Traffic Stripes and Pavement Markings, current edition.
Raised pavement markers shall conform to the California Department of Transportation
Standard Specifications Section 85, current edition, and shall be of type as called for on
the plans.
Raised Blue Reflective for Fire Hydrant, Two-Way Blue Reflective Fire Hydrant
Raised Pavement Markers installation as shown on Contract Drawings or per the city
Engineer dirctions are a part of this item and shall conform to the Standard Specification
Section 314 Pavement Marker Placement and Removal and shall be in accordance with
the Caltrans Traffic Manual Section 6 “Markings” for each fire hydrant.
Traffic signs shall conform to the California Department of Transportation Standard
Specifications: Section 56-2 Roadside Signs, current edition and California MUTCD
current edition. The existing signs shall remain protected in place.
The Contractor shall furnish the necessary control points for all striping and markings
and shall be responsible for the completeness and accuracy thereof to the satisfaction
of the City Engineer.
Painted and raised pavement marker removal shall conform to Section 15 of the
CALTRANS Standard Specifications, 2018 edition. All striping and/or red/blue curb
designated or required to be removed shall be removed by a method approved by the
City Engineer. All residue remaining as a part of the removal operations shall be
removed from the site.
Layout shall be approved, in writing, by the City Engineer prior to painting.
Markings, as used in these Specifications, include both lines and miscellaneous
markings applied to the pavement surface, painting of red and blue curb and the
installation of raised pavement markers. Materials and installation for painted and
raised pavement marking shall conform to Sections 84 and 85 of CALTRANS Standard
Specifications, 2018 edition. See City of Lynwood notes regarding painting only, use of
City forms and restriping at all intersections.
Existing paint removal shall conform to Section 15 of the CALTRANS Standard
Specifications, 2018 edition. All residue remaining as a part of the removal operations
shall be immediately removed from the site.
The Contractor shall provide cat tracking for the centerline and lane lines the same day,
following paving operations. Reflectorized “slurry tabs” may be used in lieu of painted
cat tracking.
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Payment for Traffic Striping, Markings, Curb Painting, Signs and House Address
shall be at the contract unit price per a Lump Sum (LS) amount and shall be
considered full compensation for video the existing surface paint, furnishing all labor,
materials (including adhesives, glass beads, and paint), tools, equipment and
incidentals necessary to perform all work, involved in, or appurtenant to the installation
of pavement striping, raised reflective pavement markers, painting curbs, grinding-off
concrete surface, including removal and installation of traffic signs and posts as
indicated, complete in place for the width specified, and pavement markings of arrows,
symbols, numbers and words , as shown on the plans and as required by the Project
Specifications and no additional compensation will be allowed.
Bid Item No. 10 – Install Public Improvement Project Signs
The Contractor shall supply, erect, and maintain public improvement project signs for
the duration of construction according to the specifications set forth below. A scaled
layout of the sign shall be submitted to the City Engineer for approval prior to
fabrication. The sign is illustrated in Appendix “G”.
Size: 4 feet by 4 feet mounted on Post with a 7 feet clearance above ground
level.
Materials: 3/4-inch (exterior type) plywood (C-C EXT-DFPA grade).
Support: 4-inch by 4-inch by 11 feet posts.
Mounting: Frame shall be constructed using 2 inches by 6 inches by 8 feet mounted
on skids centered on each post and a 2 inches by 4 inches by 5 feet 6
inches 45-degree brace for each skid and a 2 inches by 6 inches cross-
strut between the bottom of the posts all of bolted construction. Plywood
panel shall be mounted using 3 inch by 5 inches carriage bolts at 16
inches (maximum) on center.
Paint: Panel Face: Three coats outdoor enamel (sprayed) Panel Rear and
Frame: Two coats outdoor enamel (sprayed).
Color: Stark white background and blue lettering.
Lettering: Silkscreen enamels, Helvetica medium.
Covering: 1/4 inch clear plastic.
Location: The signs shall be placed at each end of the street that work is being
constructed on. If various locations of work are included, the signs will be
moved by the Contractor per the AGENCY’s schedule.
Disposition: After the Notice of Completion is issued, the sign shall become the
property of the AGENCY, and the Contractor shall deliver the sign to the
Public Works Facility at no expense to the AGENCY.
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Should, at the time, Contractor need to prepare the signs, Contractor is to check with
City as to approved sign the Public Works Department may have in storage that can be
used. Should the City have such signs, they shall be used in lieu of the making new
signs. Should the City have signs at the Public Works Department that the Contractor
can use, the Contractor will only be paid for signs the Contractor has made and are so
furnished.
Payment for Installation of Public Improvement Project Signs shall be at the
contract unit price per Each (EA) and shall include full compensation for all labor and
materials, tools, equipment, and for doing all work involved, including delivery of the
sign to the Public Works Facility at the end of the project.
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CITY OF LYNWOOD
PUBLIC WORKS DEPARTMENT
_________________________________
PART 4 - APPENDICES
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
CITY OF LYNWOOD
4.1 Appendix A – Department of Industrial Relations (DIR)
Contractor Registration Number Form
4.2 Appendix B – List of Traffic Striping and Marking Skin Patch, Grind & Overlay and
Utility Cover Adjustment Quantities
4.3 Appendix C – Standard Plans
4.4 Appendix D – Contract Change Order (CCO) Form
4.5 Appendix E – Substitution Request Form
4.6 Appendix F – Labor Code Sections 1771, 1775, 1777.5, 1813 and 1815
4.7 Appendix G – Project Sign
4.8 Appendix H - Trash Collection Schedule
4.9 Appendix I – Engineering Plans (Contract Drawings)
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APPENDIX “A”
Department of Industrial Relations (DIR)
Contractor Registration Number Form
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Department of Industrial Relations (DIR)
Contractor Registration Number
Beginning July 1, 2014, contractors must register with the Department of Industrial
Relations (DIR) before bidding on public works contracts in California. For more
information, please refer to this section of the Department of Industrial Relations
Website: http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Per this requirement, provide the following information:
______________________________________________________________________
Contractor Name
Contractor Department of Industrial Relations Registration Number:
______________________________________________________________________
Expiration Date of Registration Number
*(THIS FORM MUST BE SUBMITTED WITH THE SEALED BID) *
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APPENDIX “B”
List of Traffic Striping and Marking
and
Skin Patch, Grind & Overlay and Utility Cover Adjustment Quantities
168
CITY OF LYNWOOD SLURRY SEAL PROJECT
No.Street From To
Median Double
Yellow with
Markers (Broken)
White Laneline
with Markers
Double Yellow with
Markers Yellow Crosswalk White
Crosswalk Stop Bar F.H Blue
Markers Legend Parking Tees Left Turn
with Markers Arrow
1 Arlington Ave Atlantic Ave Gibson Ave 2 1
2 Carlin Ave Atlantic Ave MillRace Ave 424 1244 198 90 2 1 46 142 2
3 Carlin Ave Halo Dr Olanda St 184 732 98 50
continental 2 1 3
4 Cortland St Atlantic Ave Duncan Ave 60 50 2 1 35 1
5 Cortland St El Granda Ave Louise Ave 56 slow school
crossing
6 Cortland St Lugo Park Ave Wright Rd 1
7 Duncan Ave Sanborn Ave MLK Jr. Blvd 725 no markers 90 2 1 stop ahead
8 Duncan Ave MLK Jr. Blvd Walnut Ave 55 2 1 stop ahead
9 Duncan Ave Walnut Ave Cortland St 2 2
10 Duncan Ave Josephine St Lavinia Ave 1 1
11 Edgebrook Ave Rayborn St Olanda St 1
12 Edgebrook Ave Olanda St Fertile St
13 El Granada Ave Cortland St Fernwood Ave 2
14 First Ave Josephine St Agnes Ave 145 35 continental 2 2 yield
15 Josephine St Duncan Ave Wright Rd 1 1
16 Lugo Park Ave Cortland St Fernwood Ave 2 2
17 McMillan St Wright Rd E.O.P.2
18 Niland St Virginia Ave Duncan Ave 2
19 Niland St Duncan Ave Wright Rd 1
20 Pendleton Ave Atlantic Ave City Limit 1
21 Phillips Ave Lavinia Ave Clark St 575 1
22 Pope Ave Sanborn Ave MLK Jr. Blvd 55 2 2
23 Pope Ave Walnut Ave Cortland St 1 2
24 Pope Ave Cortland St Fernwood Ave 2
25 Vieta Ave Cortland St Fernwood Ave 2
26 Virginia Ave Los Flores Blvd Elmwood Ave 2 2
27 Virginia Ave Beechwood Ave Sanborn Ave 50 2 1
28 Virginia Ave MLK Jr. Blvd Walnut Ave
29 Virginia Ave Josephine St Lavinia Ave 2
30 Virginia Ave Lavinia Ave Niland St 1
31 Virginia Ave Niland St Alvada St
32 Virginia Ave Alvada St Clark St
33 Wright Rd Fernwood Ave Josephine St 785 1
34 Wright Rd Josephine St Lavinia Ave 2 1
35 Wright Rd Lavinia Ave Niland St 1 slow school
crossing
36 Wright Rd Niland St Clark St 175 1
37 Wright Rd Clark St Pelluer St 50 2 2
38 Wright Rd Pelluer St Rayborn St 1 2 slow school
crossing
39 Wright Rd Olanda St McMillan St 2
Lynwood Citywide Slurry Seal (Phase 4) Project, FY 2023-2024 - Striping & Marking Quantities
Page 1 of 1 169
No.Street From To Skin Patch 2" Grind and
Overlay
Adjust Manhole
Cover
Adjust Water
Valve Cover
1 Arlington Ave Atlantic Ave Gibson Ave 1,000 24
2 Carlin Ave Atlantic Ave MillRace Ave 324
3 Carlin Ave Halo Dr Olanda St
4 Cortland St Atlantic Ave Duncan Ave 4,600 2300 2
5 Cortland St El Granda Ave Louise Ave 800 390
6 Cortland St Lugo Park Ave Wright Rd
7 Duncan Ave Sanborn Ave MLK Jr. Blvd 2,800 300
8 Duncan Ave MLK Jr. Blvd Walnut Ave 100 1
9 Duncan Ave Walnut Ave Cortland St 550
10 Duncan Ave Josephine St Lavinia Ave 160
11
Edgebrook Ave Rayborn St Olanda St
12 Edgebrook Ave Olanda St Fertile St
13 El Granada Ave Cortland St Fernwood Ave
14 First Ave Josephine St Agnes Ave
15 Josephine St Duncan Ave Wright Rd 30
16 Lugo Park Ave Cortland St Fernwood Ave
17 McMillan St Wright Rd E.O.P.400 1
18 Niland St Virginia Ave Duncan Ave
19 Niland St Duncan Ave Wright Rd
20 Pendleton Ave Atlantic Ave City Limit 1,300 1200
21 Phillips Ave Lavinia Ave Clark St 7,000
22 Pope Ave Sanborn Ave MLK Jr. Blvd
23 Pope Ave Walnut Ave Cortland St
24 Pope Ave Cortland St Fernwood Ave
25 Vieta Ave Cortland St Fernwood Ave
26 Virginia Ave Los Flores Blvd Elmwood Ave 7,500
27 Virginia Ave Beechwood Ave Sanborn Ave 4,200 700 2 2
28 Virginia Ave MLK Jr. Blvd Walnut Ave
29 Virginia Ave Josephine St Lavinia Ave 1,100
30 Virginia Ave Lavinia Ave Niland St 3,800 750 1 1
31 Virginia Ave Niland St Alvada St 2,500
32 Virginia Ave Alvada St Clark St
33 Wright Rd Fernwood Ave Josephine St 1,200 2840
34 Wright Rd Josephine St Lavinia Ave 1,300
35 Wright Rd Lavinia Ave Niland St
36 Wright Rd Niland St Clark St
37 Wright Rd Clark St Pelluer St 1,500
38 Wright Rd Pelluer St Rayborn St
39 Wright Rd Olanda St McMillan St 550
41,810 10,349 7 3
SF SF EA EATotal
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APPENDIX “C”
STANDARD PLANS
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LIST OF STANDARD PLANS
Plan No. Description
CALTRANS:
A20A, A20B & A20D Pavement Markers and Traffic Lines
A24A, A24B, A24C, A24D, Pavement Markings Arrows, Symbols, Numerals,
A24E, A24F & A24G Words, Limit Lines, Crosswalks
172
17
3
17
4
17
5
17
6
17
7
17
8
17
9
18
0
18
1
18
2
87
APPENDIX “D”
CONTRACT CHANGE ORDER (CCO) FORM
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CONTRACT CHANGE ORDER (CCO) FORM
CITY OF LYNWOOD
DEPARTMENT OF PUBLIC WORKS
Date: ______________CCO No. _______
Project Title: Citywide Slurry Seal (PHASE 4) Project, FY 2023/2024
Plan Reference: _________________________Item Reference: _______________________________
Contractor:
_________________________________________________________________________________
Show as separate numbered paragraphs: (1) Reason for Change; (2) Description of Change; (3) Location
of change (Stations, etc.); (4) Change in Contract Cost; (5) Extension of Contract, if warranted; (6) New
Contract Total Including All Change Orders.
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APPENDIX “E”
SUBSTITUTION REQUEST FORM
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SUBSTITUTION REQUEST FORM
TO:
____________________________________________________________________________________________
PROJECT: CITYWIDE SLURRY SEAL (PHASE 4) PROJECT, FY 2023-2024
PROJECT NO:
OWNER: CITY OF LYNWOOD
SPECIFIED ITEM:
__________________ ____ _________ _____________________________________________________
Section Page Paragraph Description
The undersigned requests consideration of the following:
PROPOSED SUBSTITUTION: ______________________________________________________________
Attached data includes product description, specifications, drawings, photographs, performance and test data
adequate for evaluation of the request. Applicable portions of the data are clearly identified.
The undersigned states that the following paragraphs, unless modified on attachments, are correct:
1. The proposed substitution does not affect dimensions shown on Drawings and will not require a change in any of
the Contract Documents.
2. The undersigned will pay for changes to the design, including engineering design, detailing, and construction costs
caused by the requested substitution which is estimated to be
$______________________________________________.
3. The proposed substitution will have no adverse effect on other contractors, the construction schedule (specifically
the date of substantial completion), or specified warranty requirements.
4. Maintenance and service parts will be locally available for the proposed substitution.
5. The incorporation or use of the substitute in connection with the work is not subject to payment of any license fee
or royalty.
The undersigned further states that the function, appearance, and quality of the Proposed Substitution are equivalent
or superior to the Specified Item.
Submitted by Contractor: Reviewed by Engineer:
SIGNATURE: ____________________________________ □ ACCEPTED
FIRM: __________________________________________ □ ACCEPTED AS NOTED
_______________________________________________ □ NOT ACCEPTED
DATE: _________________________________________ □ RECEIVED TOO LATE
TELEPHONE: ______________________________ BY: ___________________________________________
TITLE: ________________________________________
DATE: ________________________________________
ATTACHMENTS: ___________________________ REMARKS: ___________________________________
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APPENDIX F
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813 and 1815
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Labor Code Section 1771
Requirement of prevailing local rate for work under contract
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
prevailing rate of per diem wages for work of a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work
fixed as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out
by a public agency with its own forces. This section is applicable to contracts let for maintenance work.
Labor Code Section 1775
Forfeiture for paying less than prevailing wage rates; Amount of penalty; Payments to workers;
Liability of prime contractor; Notification of complaint
(a)
(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for
each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as
determined by the director for the work or craft in which the worker is employed for any public work done
under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under
the contractor.
(2)
(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration
of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was
a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the
attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage
obligations.
(B)
(i) The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for
each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor
to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and
voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof, for
each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed
penalties within the previous three years for failing to meet its prevailing wage obligations on a separate
contract, unless those penalties were subsequently withdrawn or overturned.
(iii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for
each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the
violation was willful, as defined in subdivision (c) of Section 1777.1.
(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.
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(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable
only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be
paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to
be inserted in the contract a stipulation that this section will be complied with.
(b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing
rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any
penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the
subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime
contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on
the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5,
1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages
by the subcontractor to the employees, by periodic review of the certified payroll records of the
subcontractor.
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified
prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the
public works project.
(4) Prior to making final payment to the subcontractor for work performed on the public works project, the
contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the
subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on
the public works project and any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project
within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure
of a subcontractor on that public works project to pay workers the general prevailing rate of per diem
wages
Labor Code Section 1777.5
Employment of apprentices on public works
(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public
works.
(b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall be employed only at the work of the
craft or trade to which he or she is registered.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that
have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to
written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible
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.
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(d) When the contractor to whom the contract is awarded by the state or any political subdivision, in
performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the
contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any
apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for
a certificate approving the contractor under the apprenticeship standards for the employment and training
of apprentices in the area or industry affected. However, the decision of the apprenticeship program to
approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The
apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of
apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be
required to submit any additional application in order to include additional public works contracts under
that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined
as an apprenticeable occupation in accordance with rules and regulations prescribed by the California
Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a
contractor who performs any public works not excluded by subdivision (o).
(e) Prior to commencing work on a contract for public works, every contractor shall submit contract award
information to an applicable apprenticeship program that can supply apprentices to the site of the public
work. The information submitted shall include an estimate of journeyman hours to be performed under the
contract, the number of apprentices proposed to be employed, and the approximate dates the
apprentices would be employed. A copy of this information shall also be submitted to the awarding body if
requested by the awarding body. Within 60 days after concluding work on the contract, each contractor
and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a
verified statement of the journeyman and apprentice hours performed on the contract. The information
under this subdivision shall be public. The apprenticeship programs shall retain this information for 12
months.
(f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall
ensure equal employment and affirmative action in apprenticeship for women and minorities.
(g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on
the public work may be no higher than the ratio stipulated in the apprenticeship standards under which
the apprenticeship program operates where the contractor agrees to be bound by those standards, but,
except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice
work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when
any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked
during the day by journeymen so employed. Any work performed by a journeyman in excess of eight
hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ
apprentices for the number of hours computed as above before the end of the contract or, in the case of a
subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest
extent possible, to employ apprentices during the same time period that the journeymen in the same craft
or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particular
craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship
program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or
trade classification.
(i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's
standards upon the issuance of the approval certificate, or that has been previously approved for an
apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of
apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than
the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in
the state on all of his or her contracts on an annual average of not less than one hour of apprentice work
for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship
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Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this
section for that craft or trade.
(k) An apprenticeship program has the discretion to grant to a participating contractor or contractor
association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship,
exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the
following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5.
(3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its
journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.
(4) Assignment of an apprentice to any work performed under a public works contract would create a
condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the
public at large, or the specific task to which the apprentice is to be assigned is of a nature that training
cannot be provided by a journeyman.
(l) When an exemption is granted pursuant to subdivision (k) to an organization that represents
contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors
shall not be required to submit individual applications for approval to local joint apprenticeship
committees, if they are already covered by the local apprenticeship standards.
(m)
(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
Apprenticeship Council the same amount that the director determines is the prevailing amount of
apprenticeship training contributions in the area of the public works site. A contractor may take as a credit
for payments to the council any amounts paid by the contractor to an approved apprenticeship program
that can supply apprentices to the site of the public works project. The contractor may add the amount of
the contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California
Apprenticeship Council shall distribute training contributions received by the council under this
subdivision, less the expenses of the Division of Apprenticeship Standards for administering this
subdivision, by making grants to approved apprenticeship programs for the purpose of training
apprentices. The funds shall be distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and
geographic area for which the training contributions were made to the council, a grant to that program
shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or
trade and geographic area for which the training contributions were made to the council, the grant shall
be divided among those programs based on the number of apprentices registered in each program.
(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.
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(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable
occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors
not bidding for work through a general or prime contractor when the contracts of general contractors or
those specialty contractors involve less than thirty thousand dollars ($30,000).
(p) All decisions of an apprenticeship program under this section are subject to Section 3081.
Labor Code Section 1776
Payroll record of wages paid; Inspection; Forms; Effect of noncompliance; Penalties
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address,
social security number, work classification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by him or her in connection with the public work. Each payroll record shall contain or be verified
by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for
inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to
the employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for
inspection or furnished upon request to a representative of the body awarding the contract, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of
Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon
request by the public for inspection or for copies thereof. However, a request by the public shall be made
through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of
Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to
paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through which the request was made. The
public may not be given access to the records at the principal office of the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards
Enforcement or shall contain the same information as the forms provided by the division. The payroll
records may consist of printouts of payroll data that are maintained as computer records, if the printouts
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
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name, address, and social security number. The name and address of the contractor awarded the
contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of
records made available for inspection by, or furnished to, a joint labor-management committee
established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a)
shall be marked or obliterated only to prevent disclosure of an individual's name and social security
number. A joint labor management committee may maintain an action in a court of competent jurisdiction
against an employer who fails to comply with Section 1774. The court may award restitution to an
employee for unpaid wages and may award the joint labor management committee reasonable attorney's
fees and costs incurred in maintaining the action. An action under this subdivision may not be based on
the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this
subdivision limits any other available remedies for a violation of this chapter.
(f) The contractor shall inform the body awarding the contract of the location of the records enumerated
under subdivision (a), including the street address, city, and county, and shall, within five working days,
provide a notice of a change of location and address.
(g) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written
notice requesting the records enumerated in subdivision (a). In the event that the contractor or
subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each
calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request
of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these
penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty
assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
(i) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information
Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code)
governing the release of these records, including the establishment of reasonable fees to be charged for
reproducing copies of records required by this section.
Labor Code Section 1813
Penalty when workman required to work excess hours; Stipulation in contract; Cognizance and
report of violations
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the
contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of
the contract by the respective contractor or subcontractor for each calendar day during which the worker
is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one
calendar week in violation of the provisions of this article. In awarding any contract for public work, the
awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body
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.
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98
APPENDIX “G”
PROJECT SIGNS
194
Example
CITY OF LYNWOOD
PUBLIC WORKS DEPARTMENT
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
(PROJECT NO. 4011.68.128)
FUNDING SOURCES: TBD
Oscar Flores
MAYOR
Rita Soto Gabriela Camacho
Mayor Pro-Tem Council Member
Juan Muñoz-Guevara José Luis Solache
Council Member Council Member
Ernie Hernandez
City Manager
195
99
APPENDIX “H”
Trash Collection Schedule
196
19
7
100
APPENDIX “I”
PLANS (CONTRACT DRAWINGS)
Project Title:
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT
FY 2023-2024
Project Number: CITY OF LYNWOOD
198
GENERAL CONSTRUCTION NOTES:
SLURRY SEAL PROJECT- PHASE 4.
FY 2023-2024
INFRASTRUCTURE
ENGINEERS
INDEX OF DRAWINGS
SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)
TITLE SHEET AND GENERAL CONSTRUCTION NOTES C-1
DEPARTMENT OF PUBLIC WORKS
199
AREA MAP
LOS ANGELES COUNTY
Project
Location
INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)
AREA MAP C-2
NOT TO SCALE
200
CITY MAP
INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)
CITY MAP C-3
201
INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)
LIST OF STREETS C-4
LIST OF STREETS
202
INFRASTRUCTURE
ENGINEERS
TYPICAL SECTION
SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)
TYPICAL SECTION C-5
203
INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)
PROJECT LOCATION MAP C-6
LEGEND:
MATCHLINE SEE C-7
204
INFRASTRUCTURE
ENGINEERS SLURRY SEAL PROJECT - PHASE 4 (FY 2023-2024)
PROJECT LOCATION MAP C-7
MATCHLINE SEE C-6
LEGEND:
205
1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF
NOTICE INVITING BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 4) PROJECT,
FY 2023-2024 (CIP PROJECT NO. 4011.68.128)
WHEREAS, The City of Lynwood has implemented a citywide slurry seal program;
and
WHEREAS, the citywide slurry seal program is currently on Phase 3 and 4 of this
four-phase program; and
WHEREAS,the Project scope of work includes pavement slurry seal, including
pavement cold milling and overlay, and street pavement restriping at multiple locations;
and
WHEREAS, City staff evaluated the Fiscal Year 2023-2024 funding for this project
and have determined that the City is able to solicit bids with no additional appropriation
needed; and
WHEREAS, The City’s FY 23-24 CIP budget includes $1,345,000 of the following
funds for this project: General Fund - $340,000, Gas Tax - $224,000, SB1 - $102,500,
Measure M - $214,000, Prop C - $375,500, Measure R $90,000; and
WHEREAS, the estimated project expenditure has a total cost of $872,000; and
WHEREAS,staff recommends that the City Council authorize the issuance of a
Notice Inviting Bids to obtain bids from qualified contractors to complete the Citywide Slurry
Seal (Phase 4) Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1.The City Council of the City of Lynwood hereby finds and declares that
the foregoing recitals are true and correct and incorporates said recitals fully into this
resolution as substantive findings.
Section 2. That the City Council approves the plans and specifications for The
Citywide Slurry Seal (Phase 4) Project for FY 2023-24.
Section 3. That the City Council authorizes staff to issue a Notice Inviting Bids for
the Citywide Slurry Seal (Phase 4) Project for FY 2023-24.
Section 4.Authorize the Mayor to execute the Resolution for and on behalf of the
City of Lynwood.
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Section 5. This resolution shall take effect immediately upon its adoption.
Section 6.The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
(Signatures on Next Page)
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3
PASSED, APPROVED and ADOPTED this 3rd day of October 2023.
Oscar Flores
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM:APPROVED AS TO CONTENT:
Noel Tapia Ernie Hernandez
City Attorney City Manager
Julian Lee
Director of Public Works
208
4
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of Lynwood
at a regular meeting held on the 3rd day of October 2023, and passed by the following
votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true, and correct
copy of Resolution No.on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 3rd day of October 2023.
Maria Quinonez, City Clerk
209
AGENDA STAFF REPORT
DATE:October 3, 2023
TO:Honorable Mayor and Members of the City Council
APPROVED BY:Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
SUBJECT:AWARD OF CONTRACT TO GENTRY BROTHERS INC. FOR CIP
PRIORITY 2 STREET IMPROVEMENT PROJECT PHASE 2B (CIP
4011.68.123) AND APPROVAL OF TRANSFER OF FUNDS FROM CIP
PROJECT (4011.68.127 & 4011.68.128)
Agenda Item # 9.2.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A
CONTRACT TO GENTRY BROTHERS INC. FOR THE CIP PRIORITY 2 STREET
IMPROVEMENT PROJECT PHASE 2B (CIP 4011.68.123), AUTHORIZING THE CITY
MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT
AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND APPROVING
THE TRANSFER OF FUNDS FROM CIP PROJECT ACCOUNTS 4011.68.127 AND
4011.68.128”.
Background:
The City of Lynwood consulted Bucknam Infrastructure Group, Inc to prepare a report on the
City’s pavement network, “Update of Pavement Management Program 2023-2028 (PMP)”.
The PMP provides current data on the City’s street network and cost-effective maintenance
strategies to maintain a desirable level of pavement performance on a network scale, while
optimizing the expenditure of limited fiscal resources.
City Council City Council Regular Meeting 210
Staff have consulted with on-call consultant Infrastructure Engineers for preparing the plans
and specifications for this project. Staff has reviewed the plans and specifications and created
a staff report to send to City Council for approval.
On August 15, 2023, The City Council approved the plans and specifications for the Priority 2
Phase 2B Project. With plans and specifications approved, staff sent out a Notice Inviting Bids
for the Priority 2 Phase 2B project.
Discussion and Analysis:
The project consists of, but is not limited to, the following work: street resurfacing, ADA
compliant curb ramps, gutters, driveway approaches, traffic signing and striping, and utility
cover adjustments. The project street segments are as follows:
Street Name From To
Alpine Avenue Euclid Avenue Cedar Avenue
Lyndora Avenue Bullis Road Hulme Avenue
Thorson Avenue Shirley Avenue Alberta Street
Muriel Drive Agnes Avenue Louise Street
On August 21, 2023, Staff uploaded a Notice Inviting Bids for the Priority 2 Phase 2B Project
to the City website (Planetbids). On September 18, 2023. The bid opening took place and
Staff received the following six (6) bids:
Bidders Bid Amount
1.Gentry Brothers, Inc $1,479,484.04
2.Sequel Contractor, Inc.$1,652,341.00
3.Sully-Miller Contracting Company $1,807,233.40
4.Hardy & Harper, Inc.$1,811,000.00
5.All American Asphalt $1,994,607.85
6.Copp Contracting, Inc.$2,140,499.25
An analysis of all bidders was conducted, including a review of their bid schedule, license,
references, and required documents. Gentry Brothers, Inc. was the apparent lowest
City Council City Council Regular Meeting
211
responsible bidder with a low base bid of $1,479,484.04. The bidder’s previous performance
reveals that the contractor has the necessary experience and the contractor’s license for this
type of project.
It is estimated that this project will take approximately sixty-five (65) calendar days to complete
the work set forth in the specifications. Upon authorization, Staff will circulate the contract
documents, set up a pre-construction meeting, and schedule work to commence.
Contractor’s Bid Items:
The table below is the total proposed cost for the bid items provided by Gentry Brothers Inc.:
Item Description Unit of
Measure Quantity Cost
Mobilization LS 1 $32,000.00
Traffic Control LS 1 $339,544.54
Sawcut and Remove Existing AC Pavement CY 3411 $272,880.00
Cold Mill Existing Asphalt Concrete (AC)
pavement (2” depth)SF 37619 $18,809.50
Sawcut and Remove Existing Concrete
Sidewalk SF 412 $2,060.00
Sawcut and Remove Existing Concrete Curb
and/or Curb & Gutter LF 52 $1,820.00
Sawcut and Remove Existing AC Driveway
Approach SF 93 $465.00
Prune Tree Roots and Install Root Barriers EA 17 $15,300.00
Remove Post and Salvage Sign EA 2 $250.00
Sawcut, Remove and Construct Concrete Curb
and/or Curb & Gutter LF 329 $27,965.00
Sawcut, Remove and Construct Concrete Curb
Ramp EA 18 $144,000.00
Sawcut, Remove and Construct Concrete
Cross Gutter SF 135 $1,755.00
Sawcut, Remove and Construct Concrete
Sidewalk (4”-Thick)SF 2568 $23,112.00
Sawcut, Remove and Construct Concrete
Sidewalk (6”-Thick)SF 821 $8,210.00
Sawcut, Remove and Construct Concrete
Driveway Approach (6"-Thick)SF 1162 $11,620.00
City Council City Council Regular Meeting
212
Remove Existing Speed Bump and Construct
AC Speed Bump EA 2 $3,400.00
Construct Concrete Alley Intersection SF 509 $7,635.00
Construct 6" Thick Concrete Driveway
Approach SF 92 $920.00
Construct Concrete Curb Ramp EA 2 $16,000.00
Construct 6" Thick Concrete Sidewalk at
Driveway SF 47 $658.00
Furnish and Install New Post for Sign EA 3 $3,000.00
Furnish and Install Detectable Warning
Surface (Truncated Domes)EA 2 $1,200.00
Provide and Place 6" Thick Crushed
Aggregate Base CY 1692 $109,980.00
Construct 1" Thick AC Leveling Course TON 616 $58,520.00
Construct 2'' Thick ARHM Overlay TON 464 $53,360.00
Construct 4'' Thick ARHM Overlay TON 2463 $283,245.00
Adjust Existing Storm Drain/ Sewer/ Utility
Manhole Frames and Covers to Finished
Grade
EA 16 $12,800.00
Adjust Existing Water Valve Cans and Covers
to Finished Grade EA 15 $1,875.00
Adjust Existing Water Meter and Cover to
Finished Grade, Replace Broken Cover/Box EA 1 $700.00
Traffic Signing, Striping, Markings, House
Address and Curb Painting LS 1 $20,000.00
Install Public Improvement Project Signs EA 8 $6,400.00
Total Bid Submitted $1,479,484.04
Staff submitted a request for Construction Management and Inspection Services from a list of
on call consultants. Per Lynwood Municipal Code 6-3.16, any task order in an amount
exceeding $50,000 shall require City Council’s approval. Staff recommends City Council
approve a task order from Transtech Engineers for construction management and inspection
services for the Priority 2 Phase 2B Project in the amount of $123,757. Transtech Engineers
task order shows that they have the experience and offer the best value for this work.
Project Budget
The table below is the proposed construction cost for this project:
City Council City Council Regular Meeting 213
Estimated Construction Cost
Construction Cost $1,479,484.04
Contingency (10%)$147,900.00
Construction Management/Inspection $123,757.00
Project Management/Support (8.5%)$125,800.00
Labor Compliance and Other (5%)$75,058.96
Total Estimated Construction Cost $1,952,000.00
The City’s FY 23-24 CIP budget includes $1,552,000 of the following funds for this project:
Current Budget
SB1 $397,500.00
Measure M Bond $452,000.00
Measure M $500,000.00
Measure R $100,000.00
Gas Tax $102,500.00
Total Project funding $1,552,000.00
The current project budget is insufficient to cover the proposed construction cost and
additional funds are needed in order to continue with the project. Staff recommends
transferring funds from CIP Projects Slurry Seal Phase 3 (CIP Project No. 4011.68.127) and
Slurry Seal Phase 4 (CIP Project No. 4011.68.128) into the Priority 2 Phase 2B Project (CIP
Project No. 4011.68.123).
The table below is the proposed budget for this project:
Proposed Budget
SB1 $397,500.00
Measure M Bond $452,000.00
Measure M $500,000.00
Measure R $100,000.00
Gas Tax $102,500.00
Transfer from Slurry Seal Phase 3
Measure M $111,000.00
Measure R $39,000.00
City Council City Council Regular Meeting
214
Transfer from Slurry Seal Phase 4
Gas Tax $150,000.00
Measure M $100,000.00
Total Proposed Project Funding $1,952,000.00
Fiscal Impact:
The City’s FY 23-24 CIP budget includes $1,552,000 of the following funds for this project:
SB1 $397,500.00
Measure M Bond $452,000.00
Measure M $500,000.00
Measure R $100,000.00
Gas Tax $102,500.00
Current Project Budget $1,552,000.00
Additional funding is needed. Funds will be appropriated from the Citywide Slurry Seal Phase
3 and the Citywide Slurry Seal Phase 4 projects as shown below:
REDUCTION
FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Budgetary Transfer Out
4011 68 127 62015 Slurry Seal Phase 3 $150,000.00
4011 68 128 62015 Slurry Seal Phase 4 $250,000.00
Budgetary Transfer In
2101 Gas Tax $150,000.00
2350 Measure M $211,000.00
2352 Measure R $39,000.00
APPROPRIATION
FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
City Council City Council Regular Meeting 215
P2P2B-Gentry Brothers Inc. Bid Documents.pdf
10-03-2023 P2P2B Project Award (Resolution) - PWD.docx
Priority 2 Phase 2B Contract Agreement.pdf
Budgetary Transfer Out
2101 Gas Tax $150,000.00
2350 Measure M $211,000.00
2352 Measure R $39,000.00
Budgetary Transfer In
4011 68 123 62015 Priority 2 Phase 2B $400,000.00
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 216
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1
RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING
A CONTRACT TO GENTRY BROTHERS INC. FOR THE CIP PRIORITY 2 STREET
IMPROVEMENT PROJECT PHASE 2B (CIP 4011.68.123), AUTHORIZING THE CITY
MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE
PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND
APPROVING THE TRANSFER OF FUNDS FROM CIP PROJECT ACCOUNTS
4011.68.127 AND 4011.68.128
WHEREAS, the City of Lynwood has implemented a multiphase street
improvement program. The street improvement program is currently on Phase 2; and
WHEREAS, the CIP Priority 2 Street Improvement Project Phase 2B (CIP
4011.68.123) (“Project”) consists of street resurfacing; ADA compliant curb ramps,
gutters, driveway approaches; traffic signing and striping; and utility covers; and
WHEREAS, Infrastructure Engineers has prepared plans and specifications for
the street improvements; and
WHEREAS, the project street segments are: Alpine Avenue from Euclid Avenue
to Cedar Avenue, Lyndora Avenue from Bullis Road to Hulme Avenue, Thorson Avenue
from Shirley Avenue to Alberta Street, and Muriel Drive from Agnes Avenue to Louise
Street; and
WHEREAS, the Notice Inviting Bids was published on the City’s Website
(PlanetBids) on August 21, 2023 and bid opening took place on, September 18, 2023
at 10:00 AM; and
WHEREAS, Staff received the following six (6) bids:
Bidders Bid Amount
1.Gentry Brothers, Inc $1,479,484.04
2.Sequel Contractor, Inc.$1,652,341.00
3.Sully-Miller Contracting Company $1,807,233.40
4.Hardy & Harper, Inc.$1,811,000.00
5.All American Asphalt $1,994,607.85
6.Copp Contracting, Inc.$2,140,499.25
WHEREAS, Gentry Brothers, Inc. was the lowest responsible bidder with a low
base bid of $1,479,484.04; and
WHEREAS,the City received a proposal from on call engineering consultant
Transtech Engineers in the amount of $123,757 for construction management and
inspection services; and
242
2
WHEREAS,the total proposed construction cost is $1,9452,000; and
WHEREAS,the current project budget is $1,552,000 from Measure R, SB1, Gas
Tax, Measure M Bond, and Measure M funds; and
WHEREAS,an additional appropriation of $400,000 is needed from CIP Project
accounts (4011.68.127 and 4011.68.128) in order to cover the construction costs and
award the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1.The City Council of the City of Lynwood hereby finds and declares
that the foregoing recitals are true and correct and incorporates them herein as findings
and as substantive part of this resolution.
Section 2. The City Council of the City of Lynwood authorizes the City Manager
to approve the transfer of funds for the following appropriation:
REDUCTION
FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Budgetary Transfer Out
4011 68 127 62015 Slurry Seal Phase
3
$150,000.00
4011 68 128 62015 Slurry Seal Phase
4
$250,000.00
Budgetary Transfer In
2101 Gas Tax $150,000.00
2350 Measure M $211,000.00
2352 Measure R $39,000.00
APPROPRIATION
FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Budgetary Transfer Out
2101 Gas Tax $150,000.00
2350 Measure M $211,000.00
2352 Measure R $39,000.00
Budgetary Transfer In
4011 68 123 62015 Priority 2 Phase
2B
$400,000.00
Section 3. The project budget increased from $1,552,000 to $1,952,000.
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3
Section 4. The City Council of the City of Lynwood authorizes the Mayor to
execute the agreement between the City of Lynwood and Gentry Brothers Inc. in a form
approved by the City Attorney in the amount of $1,479,484.04.
Section 5. The City Council of the City of Lynwood approves construction
management and inspection services from on call engineering consultant Transtech
Engineers under LMC 6-3.16.
Section 6.Authorize the Mayor to execute the Resolution for and on behalf of
the City of Lynwood.
Section 7. This resolution shall take effect immediately upon its adoption.
Section 8.The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
(Signatures on Next Page)
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4
PASSED, APPROVED and ADOPTED this 3rd day October, 2023,
________________________________
Oscar Flores
Mayor
ATTEST:
________________________
Maria Quiñonez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ ________________________________
Noel Tapia Ernie Hernandez
City Attorney City Manager
_______________________________
Julian Lee
Director of Public Works
245
5
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of Lynwood
at a regular meeting held on the 3rd day of October 2023, and passed by the following
votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
Maria Quiñónez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. ____________ on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 3rd day of October 2023.
________________________
Maria Quiñónez, City Clerk
246
CITY OF LYNWOOD CONSTRUCTION AGREEMENT
FOR CONSTRUCTION OF PROJECT NO. 4011.68.123 ENTITLED
“PRIORITY 2 PHASE 2B STREET IMPROVEMENT PROJECT (CIP
PROJECT NO. 4011.68.123)”
This agreement (the “Agreement”) is made and entered into on this _03rd day of October,
2023_by and between the City of Lynwood, a California Municipal Corporation ("City") and
GENTRY BROTHERS INC., a General Contractor ("Contractor"). City and Contractor are
sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
R E C I T A LS
City and Contractor, based upon the mutual promises contained herein, do hereby agree
as follows:
I. CONTRACT DOCUMENTS
This Agreement consists of the following Contract Documents, the terms and conditions of
which are expressly incorporated as component parts of this Agreement as if herein set out
in full or attached hereto:
A. Notice Inviting Bids Dated _September 18th, 2023
B. Instructions to Bidders.
C. Addenda.
D. Contractor’s Proposal and Workers’ Compensation Certificate dated July 27,
2023, and all other Documents attached thereto, including but not limited to:
1. Bid Schedule(s)
2. List of Subcontractors
3. Anti-Trust Claim
4. Non-Collusion Affidavit
5. Bidder’s General Information
6. Bid Bond (Bid Security Form)
7. Bidder’s Insurance Statement
E. Payment Bond.
F. Performance Bond.
G. Certificates/Proof of Insurance and Endorsements.
H. Certified Copy of the Lynwood City Council Resolution, not required.
I. Notice of Award dated October 4th, 2023.
J. Notice to Proceed dated ______TBD________.
K The Plans (Contract Drawings).
L. Special Provisions
M. Standard Specifications for Public Works Construction, “Greenbook”
latest Edition.
N. Appendices A through E of the Contract Documents.
O. Reference Specifications.
P Approved and Fully-Executed Change Orders.
247
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.
248
II. CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept as full payment for the Work
outlined in the Contract Documents, the Contract Price of ONE MILLION FOUR HUNDRED
SEVENTY-NINE THOUSAND FOUR HUNDRED EIGHTY-FOUR DOLLARS AND FOUR
CENTS ($1,479,484.04) 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
(95%) of the Contract Price at time of completion. Final payment to Contractor will be
processed thirty-five (35) days after the City has recorded the Notice of Completion.
Contractor may, upon Contractor's written request, and approved by the City Council, at
Contractor's expense, deposit substitute securities, as stated in Government Code Section
16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention
monies withheld to insure performance.
Payment of undisputed amounts due under this Agreement, including the final payment
due hereunder, is contingent upon the Contractor furnishing to the City an unconditional
release by the Contractor of all claims against the City arising by virtue of this Agreement
related to those amounts. Disputed claims in stated amounts may be specifically excluded
by Contractor from the operation of any release. No payment, final or otherwise, shall
operate to release the Contractor or its sureties from obligations arising under this
Agreement or the bonds and warranties furnished hereunder. No payment shall be
construed as an acceptance of any of the Work or of defective or improper materials.
III. BONDS
Within ten (10) calendar days of receiving the Notice of Award and prior to Contractor’s
commencement of the Work, Contractor shall furnish to City, using the forms set forth in
the 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.
249
IV. INDEMNITY
Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its
respective elected and appointed boards, officials, officers, agents, employees,
representatives and volunteers (individually and collectively referred to hereinafter as
“Indemnitees”) free and harmless from any and all claims, demands, causes of action,
costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of
whether the allegations are false, fraudulent, or groundless, to property or persons,
including wrongful death, to the extent arising out of or incident to any acts, omissions or
willful misconduct of Contractor, its officials, officers, employees, agents, consultants and
contractors arising out of or in connection with the performance of the Work or this
Agreement, including claims made by subcontractors for nonpayment, including without
limitation the payment of all consequential damages and attorney fees and other related
costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk,
with counsel of City’s choosing, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against Indemnitees. To the
extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that
may be rendered against Indemnitees in any such suit, action or other legal proceeding.
Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided. The
only limitations on this provision shall be those imposed by California Civil Code Section
2782.
This obligation to indemnify and defend Indemnitees as set forth herein shall survive the
termination of this Agreement and is in addition to any rights which City may have under
the law. This indemnity is effective without reference to the existence or applicability of any
insurance coverages which may have been required under this Agreement or any additional
insured endorsements which may extend to City.
V. INSURANCE
Without limiting Contractor’s indemnification of Indemnitees as set forth in Section IV of this
Agreement, Contractor shall obtain, provide and maintain, at its own expense, the types
and amounts of insurance described in Subsection 2.7.2 of the Special Provisions of the
Contract Documents. Such insurance shall be in force prior to Contractor commencing any
Work under this Agreement and shall remain in force for the duration of this Agreement and
for any other such period as may be required herein. Contractor shall provide proof of the
required insurance coverage and the endorsements specified in Subsection 2.7.2 of the
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
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contract. Any public money that is paid or may have been paid to a debarred subcontractor
by a Contractor for work performed on this Project shall be returned to the City. The
Contractor shall be responsible for the payment of wages to workers of a debarred
subcontractor who have been allowed to work on the Project.
VII. COMMENCEMENT OF WORK AND LIQUIDATED DAMAGES
The Contractor shall commence the Work required by this Agreement within ten (10)
calendar days of the date specified in the Notice to Proceed from the City, and shall
complete all Work as specified in the Contract Documents within SIXTY FIVE (65)
CALENDAR DAYS from the date in said Notice.
City and Contractor have discussed the provisions of Government Code Section 53069.85
and the damages that may be incurred by City if the Work is not completed within the time
specified in this Agreement. The City and Contractor hereby represent that at the time of
signing this Agreement, it is impracticable and extremely difficult to fix the actual damage
which will be incurred by City if the Work is not completed within the number of working
days allowed. Accordingly, City and Contractor agree that the sum of $500.00 per
calendar day is a reasonable sum to assess as Liquidated Damages to City by reason
of the failure of Contractor to complete the Work within the time specified.
VIII. CERTIFICATION UNDER LABOR CODE SECTION 1861
By signing this Agreement, Contractor makes the following certification required by
Section 1861 of the California Labor Code:
“I am aware of the provisions of Section 3700 of the California Labor Code
which requires every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of any Work under this Agreement.”
IX. APPRENTICES
The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor
Code, he/she will be held responsible for compliance with the provisions of this Section
for all apprenticeable occupations.
X. SUBSTITUTION OF SUBCONTRACTORS
The Contractor hereby agrees to reimburse the City for costs incurred by the City in the
substitution of subcontractors. Where a hearing is held pursuant to the provisions of
Section 4100 et seq. of the Public Contract Code by the City or a duly appointed hearing
officer, the Clerk of the City of Lynwood shall prepare and certify a statement of all costs
incurred by the City for investigation and conduct of the hearing, including the costs of any
hearing officer and shorthand reporter appointed.
The statement shall then be sent to the Contractor, who shall reimburse the City for such
costs. If not paid separately, such reimbursement may be deducted from any money due
and owing to the Contractor prior to the City’s acceptance of the Project.
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XI. LICENSES
Contractor acknowledges and agrees that Contractor must have all appropriate contractor's
licenses. Contractor further warrants and represents that he/she/they has/have the
appropriate contractor's license to pursue the work hereunder. Contractor's failure to have
or maintain all appropriate licenses during the entire term of this Agreement shall be cause
for the immediate and summary termination of this Agreement by City. Contractor shall be
liable for all City's costs incurred to complete the Work under this Agreement in the event
of such termination.
XII. EMPLOYMENT DISCRIMINATION PROHIBITED
Pursuant to California Labor Code Section 1735 and other applicable provisions of law, the
Contractor and its subcontractors shall not discriminate against any employee or applicant
for employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, political affiliation or
sexual orientation in the performance of Work under this Agreement. The Contractor will
take affirmative action to insure that employees are treated during employment or training
without regard to their of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, political affiliation or
sexual orientation.
XIII. PREVAILING WAGES
The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770
et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing
Wage Laws”), which require the payment of prevailing wage rates and the performance of
other requirements on certain “public works” and “maintenance” projects. Since the work
covered by this Agreement involves an applicable “public works” or “maintenance” project,
as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws as set forth in the
foregoing statutes and in the Special Provisions of the Contract Documents.
XIV. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Contractor warrants and
represents he/she/they has/have the authority to execute this Agreement on behalf of
his/her/their corporation, partnership, or business entity and warrants and represents that
he/she/they has/have the authority to bind Contractor to the performance of its obligations
hereunder.
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XV. ASSIGNMENT; GOVERNING LAW
This Agreement may not be assigned by Contractor, in whole or in part, without the prior
written consent of the City. This Agreement and any dispute arising hereunder shall be
governed by the law of the state of California.
XVI. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received
on (a) the day of delivery if delivered by hand during Contractor’s regular business hours or
by facsimile before or during Contractor’s regular business hours; or (b) on the third business
day following deposit in the United States mail, postage prepaid, to the addresses set forth
below, or to such other addresses as the Parties may, from time to time, designate in writing
pursuant to the provisions of this Section.
City Contractor
City of Lynwood _______________________________
Attn: City Engineer Attn: ___________________________
11750 Alameda Street _______________________________
Lynwood, CA 90262 _______________________________
Fax No. (310) 635-0493 Fax No.________________________
XVII. ATTORNEYS FEES
Should either Party bring any action to protect or enforce its rights under this Agreement or
the Contract Documents, the prevailing party in such action shall be entitled to recover, in
addition to all other relief, its reasonable attorney’s fees and costs.
XVIII. WARRANTY
All Work shall be warranted by Contractor against defective workmanship and materials for
a period of one (1) year form the date the Work is accepted as complete by the Lynwood
City Council. The contractor shall replace or repair any such defective work in a manner
satisfactory to Engineer, following notice from Engineer specifying the work to be done and
the time in which replacement or repair shall be completed. If Contractor fails to make such
replacement or repair within the time specified in the notice, the City may perform the
needed repairs and Contractor’s sureties shall be liable for the cost thereof.
XIX. ENTIRE AGREEMENT, WAIVER AND MODIFICATION
This Agreement contains the completely final, entire, and exclusive agreement between
the Parties with respect to the subject matter hereof, and no waiver, alteration, or
modification of any of the provisions hereof or rights to act hereunder shall be binding
unless made in writing signed by both Parties. Any attempted modification, amendment,
or alteration in violation hereof shall be void.
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IN WITNESS WHEREOF, each of the Parties hereto has caused the Agreement to be
executed in its name on its behalf by a duly authorized officer as of this day and year first
above written.
CITY OF LYNWOOD CONTRACTOR
____________________________
LEGAL NAME OF FIRM
By: _____________________________ By:__________________________
Ernie Hernandez Signature of Chairman of Board,
Mayor President, or Vice President
Attest:
_____________________________
(Typed/Printed Name)
By: ____________________________ _____________________________
Maria Quiñónez (Title)
City Clerk
By:___________________________
Signature of Secretary, Assistant
Approved as to Form: Secretary, CFO, or Assistant Treasurer
By: ____________________________ ______________________________
Noel Tapia (Typed/Printed Name)
City Attorney
______________________________
(Title)
[NOTARY REQUIRED FOR SIGNATURE(S) OF CONTRACTOR]
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1.4.2 CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Lynwood (referred to hereinafter as "City") has entered into
an Agreement dated October 03, 2023 (referred to hereinafter as the “Agreement”) with
Gentry Brothers Inc. (hereinafter designated as “Contractor” or "Principal"), for construction
of, PRIORITY 2 PHASE 2B STREET IMPROVEMENT PROJECT (CIP PROJECT NO.
4011.68.123) (hereafter referred to as the “Project”).
WHEREAS, the Work to be performed by the Contractor is more particularly set forth in
the Agreement for the Project, the terms and conditions of which, including those set forth
in the Contract Documents incorporated as component parts the of Agreement, are
expressly incorporated herein by this reference; and
WHEREAS, the Contractor is required by the Agreement to perform the terms thereof and
to provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and , a corporation
organized and existing under the laws of the State of , and duly authorized to
transact business under the laws of the State of California, as Surety, are held and firmly
bound unto City in the penal sum of ONE MILLION FOUR HUNDRED SEVENTY-NINE
THOUSAND FOUR HUNDRED EIGHTY-FOUR DOLLARS AND FOUR CENTS
($1,479,484.04) 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.
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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.
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No final settlement between the City and the Contractor shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this
_____ day of _______________, ________, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
PRINCIPAL:
(seal)
_______________________________
By ____________________________
SURETY:
(seal)
_______________________________
By ____________________________
Attorney-in-Fact
The rate of premium on this bond is ____ per thousand. The total amount of premium
charged, $_______________. (These blanks must be filled in by corporate surety.)
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority
from the California Insurance Commissioner authorizing them to write surety insurance
defined in Section 105 of the California Insurance Code, and if the Work or Project is
financed, in whole or in part, with federal grant or loan funds, must also appear on the
Treasury Department's most current list (Circular 570 as amended). Notary
acknowledgements for Principal and Surety signatures and Power of Attorney for
Surety must be attached. THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) (Name and Address of Agent/Representative in
California if different)
__________________________________ ___________________________________________________
_________________________________ ___________________________________________________
(Telephone Number of Surety/Agent ___________________________________________________
Or Representative in California
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STATE OF CALIFORNIA )
) ss.
COUNTY OF _______________ )
On this _____ day of _______________, in the year _____, before me,
__________________________, a Notary Public in and for said state, personally
appeared , known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the Attorney-in-Fact of the (Surety) and acknowledged
to me that he/she subscribed the name of the
(Surety) thereto and his/her own name as Attorney-in-Fact.
_____________________________________
Signature of Notary Public in and for said State
(SEAL)
My commission expires on: _____________
NOTE: A copy of the power of attorney to local representatives of the bonding
company must be attached hereto.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _______________________________________, certify that I am the
________________________________ Secretary of the corporation named as Principal
to the within bond; that _________________ _________________________ who signed
the said bond on behalf of the principal was then ___________________________ of
said corporation; that I know his/her signature, and his/her signature thereto is genuine;
and that said bond was duly signed, sealed and attested for and in behalf of said
Corporation by authority of its governing board.
_______________________________
Signature of Corporate Principal
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1.4.3 CONTRACT PAYMENT BOND
(CALIFORNIA PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Lynwood, (referred to hereinafter as "City") has entered
into an agreement dated October 03, 2023 (referred to hereinafter as the “Agreement”)
with Gentry Brothers Inc. (hereinafter designated as the "Contractor" or “Principal”), for
PRIORITY 2 PHASE 2B STREET IMPROVEMENT PROJECT (CIP PROJECT NO.
4011.68.123).
WHEREAS, Contractor is required to furnish a bond in connection with the Agreement,
and pursuant to Section 3247 of the California Civil Code.
NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and , a corporation
organized and existing under the laws of the State of , and duly authorized
to transact business under the laws of the State of California, as Surety, are held and
firmly bound unto City and to any and all persons, companies or corporations entitled to
file stop notices under Section 3181 of the California Civil Code, in the penal sum of
ONE MILLION FOUR HUNDRED SEVENTY-NINE THOUSAND FOUR HUNDRED
EIGHTY-FOUR DOLLARS AND FOUR CENTS ($1,479,484.04), 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
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to the Specifications. Said Surety also hereby waives the provisions of sections 2819
and 2845 of the California Civil Code.
No final settlement between the City and the Contractor hereunder shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, the above-bounded parties have executed this instrument this
_____ day of ____________, _____, the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
PRINCIPAL:
(seal)
_______________________________
By _____________________________
SURETY:
(seal)
_______________________________
By _____________________________
Attorney-in-Fact
IMPORTANT: Surety companies executing Bonds must possess a certificate of authority
from the California Insurance Commissioner authorizing them to write surety insurance
defined in Section 105 of the California Insurance Code, and if the Work or Project is
financed, in whole or in part, with federal grant or loan funds, must also appear on the
Treasury Department's most current list (Circular 570 as amended). Notary
acknowledgements for Principal and Surety signatures and Power of Attorney for
Surety must be attached. THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) (Name and Address of Agent/Representative in California if different)
________________________________ ___________________________________________________________
___________________________________ ___________________________________________________________________
__________________________________ _________________________________________________________________
(Telephone Number of Surety/Agent _________________________________________________________________
or Representative in California)
260
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
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(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.
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ADDENDUM
By executing this Addendum, Contractor acknowledges and agrees that the work
performed pursuant to the above referenced Agreement is subjected to all applicable
provisions.
Payment of Minimum Compensation to Employees. Contractor shall be obligated to
pay not less than the General Prevailing Wages Rate as required by applicable law.
A. Prevailing Wage Requirements. California Labor Code requires the payment of
not less than the general prevailing rate of per diem wages and rates for holiday
and overtime and adherence to all labor standards and regulations. The General
Prevailing Wages Rates may be adjusted throughout the term of this Agreement.
Notwithstanding any other provision of this Agreement, Contractor shall not be
entitled to any adjustment in compensation rates in the event there are
adjustments to the General Prevailing Wages Rates.
B. Reports. Contractor shall not perform on site work on this contract until labor
compliance documents are filed. Contractor agrees to cooperate with the City to
fulfill its notifications requirement to the DIR, as required by DIR’s PWC-100 form
or any other required form, and Contractor agrees to provide to the City the
information required by the DIR, as generally set forth in Labor Code Section
1773.3. By signing this form, Contractor, and all of its subcontractors, represents
that it has registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5 [with limited exceptions under Labor Code section
1771.1(a)] and paid the annual fee due to the DIR, unless the Contractor meets
an exception recognized by the DIR or by the law.
C. Furnishing of Electronic Certified Payroll Records to Labor Commissioner.
Contractor and subcontractor agree to furnish the required electronic certified
payroll records directly to the Labor Commissioner (aka Division of Labor
Standards Enforcement), in the manner and under the time frame required by
law.
D. Audit Rights. All records or documents required to be kept pursuant to this
Agreement to verify compliance with the Wage Requirement shall be made
available for audit at no cost to City, at any time during regular business hours,
upon written request by the City Attorney, City Auditor, City Manager, or a
designated representative of any of these officers. Copies of such records or
documents shall be provided to City for audit at City Hall when it is practical to do
so. Otherwise, unless an alternative is mutually agreed upon, the records or
documents shall be available at CONTRACTOR’s address indicated for receipt of
notices in this Contract.
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E. Enforcement.
1. General. CONTRACTOR acknowledges it has read and understands that,
pursuant to the terms and conditions of this Agreement, it is required to
comply with the Wage Requirement and to submit certain documentation to
the City establishing its compliance with such requirement. (“Documentation
Provision.”) CONTRACTOR further acknowledges the City has determined
that the Wage Requirement promotes each of the following (collectively
“Goals”):
a. It protects public job opportunities and stimulates the City’s economy
by reducing the incentive to recruit and pay a substandard wage to
labor from distant, cheap-labor areas.
b. It benefits the public through the superior efficiency of well-paid
employees.
c. It increases competition by promoting a more level playing field among
contractors with regard to the wages paid to workers.
2. CONTRACTOS’s Breach of Prevailing Wage/Living Wage Provisions.
WITHOLDING OF PAYMENT: CONTRACTOR agrees that the
Documentation Provision is critical to the City’s ability to monitor
CONTRACTOR’s compliance with the City’s public wage obligations.
CONTRACTORS further agrees its breach of the Documentation Provision or
general public wage obligations results in the need for additional enforcement
action to verify compliance with this Addendum. In light of the critical
importance of the Documentation Provision, the City and CONTRACTOR
agree that CONTRACTOR’s compliance with this Addendum is an express
condition of City’s obligation to make each payment due to the
CONTRACTOR pursuant to this Agreement. THE CITY IS NOT OBLIGATED
TO MAKE ANY PAYMENT DUE THE CONTRACTOR UNTIL
CONTRACTOR HAS PERFORMED ALL OF ITS OBLIGATIONS UNDER
THESE PROVISIONS. THIS PROVISION MEANS THAT CITY CAN
WITHOLD ALL OR PART OF A PAYMENT TO CONTRACTOR UNTIL ALL
REQUIRED DOCUMENTATION IS SUBMITTED. Any payment by the City
despite CONTRACTOR’s failure to fully perform its obligations under these
provisions shall not be deemed to be a waiver of any other term or condition
contained in this Agreement or a waiver of the right to withhold payment for
any subsequent breach of this Documentation Provision or public wage
obligations of the Contractor and the City.
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