HomeMy Public PortalAbout07) 7E Award of Contract for Demolition Activities at 5922 and 5934 Primrose AveMANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: October 2 , 2018
TO: The Honorable City Council .
FROM: Bryan Cook, City Manager Q
Via: Brian Haworth, Assistant to the City ~~ager~
By: Tinny Chan, Management Analyst )Q{V
AGENDA
ITEM 7.E.
SUBJECT: AWARD OF CONTRACT FOR DEMOLITION ACTIVITIES AT 5922 AND
5934 PRIMROSE AVE.
RECOMMENDATION:
The City Council is requested to:
1. Accept a bid for demolition activities at 5922 and 5934 Primrose Ave. (APN 8587-
014-904 , -905) from American Wrecking , Inc. in the amount of $120 ,200;
2. Authorize the City Manager to award and execute the associated demolition contract
provided hereto as Attachment "A"; and
3. Authorize the City Manager to approve change orders in an amount not-to-exceed
$18,.030 for unforeseen costs beyond the demolition project.
BACKGROUND:
1. On Aug. 7, 2018, Council authorized bid advertisement for demolition activities at
the subject properties .
2. On Aug. 8, 2018, the City Engineer advertised the solicitation of bids via local
newspapers, eight online "bid rooms" and bid packet distribution to 39 demolition
trade contractors.
3. On Aug . 21, 2018, the City Engineer held a non-mandatory pre-bid meeting with
prospective bidders to discuss the project scope and other specifics . Twenty
contractor representatives were in attendance.
City Council
October 2 , 2018
Page 2 of 3
4 . On Sept. 7, 2018, the Deputy City Clerk publicly opened 10 sealed and received
bids, and recorded proposal prices ranging from $120,200 to $24 2 ,000. American
Wrecking , Inc. was declared the apparent low bidder.
ANALYSIS:
Below is a summary of received bids , in order of bid open in g :
Bidder Total Base Bid Amount Bid Amount Ranking
5M Contracting , Inc . $123,000 2
Cinbad Industry, Inc. $166 ,6 66 6
ABNY General $242,000 10 Engineering
Interior Demolition , Inc. $133,444 4
MTM Construction, Inc. $220,000 9
Asbestos Instant $180 ,000 7 Response, Inc.
Resource Environmental, $153,000 5 Inc.
American W reck i ng, Inc. $120,200 1
Danny Ryan Precision $190 ,000 8 Contracting, Inc.
National Demolition $131 ,370 3 Contractors
Provided as Attachment "B", the bid analysis concludes American Wrecking Company,
Inc. as the lowest, responsive and responsible bidder. The co mpany's bid was $54,800
lower than t he City Engineer's estimate of $175,000 (Attachment "C ").
Pending award of contract, demolition activities are expected to begin later this month
and completed no later than year's end. Work will occur during the weekday hou rs of 7
a.m. to 4 p.m ., employing mitigation measures to limit on-site dust and noise ; as well as
to keep the area and adjacent pub lic right-of-ways clean, neat an d safe . All activities will
result i n th e d emolition and site razing of all improvements located at 5922 and 5934
Primros e Ave . (Attachment "D").
CITY STRATEGIC GOAL:
Actions contained in this report align with the City's strategic goals of economic
development and pub lic safety .
City Cou ncil
October 2, 2 01 8
Page 3 of 3
FISCAL IMPACT:
None . Project funds in the amount of $175 ,000 have been formally appropriated under
the City's Cap ital Improvement Program , Account Numbe r 60-9 80-82-6010 (Proj ect 19-
13). As the successful bid and requested project contingency total is lower than the
project's budgeted cost, at minimUm $36 ,770 will be returned to the Genera l Fund
unassigned balance.
ATTACHMENTS:
A Proposed Contract with American Wrecking , Inc .
B. Bid Analysis of Received Demolition Bids
C. Submitted Bid by American Wrecking , Inc.
D. Items Identified for Demolition
ATTACHMENT A
CITY OF TEMPLE CITY
PUBLIC WORKS CONTRACT
PROJECT: ABATEMENT AND DEMOLITION OF CITY-OWNED PRIMROSE
PROPERTY
THIS AGREEMENT ("Agreement") is made and entered into th is 3rd day of
October, by and between the CITY OF TEMPLE CITY, a Muni cipal Corporation located
in the County of Los Angeles, State of California ("CITY"), and American Wreck ing , Inc.,
[a corporation/partnership/limited liability company corporation, located at 2459 Lee
Ave., South El Monte, CA 91733 ("CONTRACTOR"), collectively referred to as the
Parties.
RECITALS
A. CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted
on or before September 7, 2018 at 2:00 p.m ., for the follow ing:
. ABATEMENT AND DEMOLITION OF CITY-OWNED PRIMROSE PROPERTY
in the City of Temple City, California ("Project").
B. At 2:00 p.m. on said date, in the Temple City City Hall , the bids submitted for the
Projec~ were opened.
C. At its regular meeting held on October 2, 2018 , the City Counc il of CITY
accepted the bid of CONTRACTOR for the Proje ct as being the lowest
responsive bid received and directed that a written contract be entered into with
CONTRACTOR.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises and of the mutual
covenants and agreements herein contained, the parties do hereby agree as follows:
1. CONTRACT DOCUMENTS. This Agreement consists of the following
documents ("Contract Documents"), all of which are made a part of this Agreement:
(a) Notice Inviting Bids
(b) Instructions to Bidders
(c) Bid Form
(d) Bid Proposal and/or Contract Proposal, as accepted, includ ing the
Certificate of Bidders' Experience and Qualifications and the List of Subcontractors
(e) Information Required by Bidder
LA #481 2 -6556-4 99 7 v i -1 -
(f) Notice of Award
(g) Notice to Proceed
(h) This Agreement
(i) Verification of California Contractor's License
U) Contractor's Certificate Regarding Workers' Compensation
(k) Security for payment (labor and materials)
(I) Security for performance
(m) Certificate(s) of Insurance
(n) General Conditions/Specifications
( o) Special Provisions
(p) Plans and Standard Drawings
(q) Prevailing Wage Scales
(r) Standard Specifications for Public Works Construction , including
subsequent addenda and supplements
(s) Change orders issued by the City and signed by the Contractor pertaining
to the Contract after the Contract is awarded to Contractor
(t) All addenda issued by the City with respect to the forego ing prior to the
opening of bids, including, Addenda Nos. __ _
(u) Other documents (list here or delete)
In the event there is a conflict between the terms of the Contract Documents, the more
specific or stringent provision shall govern.
LA #48 12 -6 556-4997 v l -2-
2. SCOPE OF WORK. CONTRACTOR agrees to perform al l work requ ired for the
Project and to fulfill all other obligations as set forth in the Contract Documents
("Work"). Except as specifically provided in the Contract Do cuments, CONTRACTOR
must furnish all of the labor, materials , tools, equipment, services and tran sportation
necessary to perform all of the Work. CONTRACTOR must perform all of the Work in
strict accordance with the Contract Documents.
3. COMPENSATION & PAYMENT. CONTRACTOR hereby agrees to receive and
accept the total amount of One Hundred Twenty Thousand and Two Hundred Dollars
($120,200), based upon those certain unit prices set forth in CONTRACTOR's Bid
Schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by
this reference, as full compensation for the Work. Said compensation shall cover all
expenses , losses, damages, and consequences arising out of the nature of the Work
during its progress or prior to its acceptance, including those for well and faithfully
completing the Work in the manner and time specified in the Contract Documents , and
also including those arising form actions of the elements, unforeseen difficulties or
obstructions encountered in the prosecution of the Work, suspension or discontinuance
of the Work, and all other unknowns or risks of any description connected with the
Work . CITY shall retain five percent (5 %) of the compensation until the provisions of
Section 14 herein have been met. CITY hereby agrees to pay CONTRACTOR at the
time, in the manner, and upon the conditions set forth in the CONTRACT
DOCUMENTS.
4. UNAUTHORIZED ALIENS. CONTRACTOR promises and agrees to comply
with all of the provisions of State and Federal law with respect to the employment of
unauthorized aliens, including without limitation the Federal Imm igration and National ity
Act (8 USCA 1101, et seq.), as amended. Should CONTRACTOR employ one or more
unauthorized aliens for the performance of the Work, and should the Federal
Government impose sanctions against the CITY for such use of unauthorized aliens ,
CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all
sanctions imposed, together with any and all costs, includ ing attorney's fees , in c urred
by the CITY in connection therewith.
5. REPRESENTATIONS AND WARRANTIES. CONTRACTOR hereby represents
and warrants that:
(a) It is not currently, and has not at any time within the past five (5) calendar
years been, suspended, debarred, or excluded from participating in, b idding on ,
contracting for, or completing any project funded in whole or in part by program, grant
or loan funded by the federal government or the State of California; and
(b) CONTRACTOR currently has, and for the past f iv e (5 ) calendar years has
maintained in good standing , a valid Cal ifornia contractor's license ; and
(c) CONTRACTOR is registered with the Depa rtment of Industrial Relations
to perform services on public works projects as required by Labor Code section 1725.5.
LA #48 12-6556-4997 vi -3 -
CONTRACTOR agrees to complete and exe cute any statement or certificate to this
effect as may be required by the City or by any federal or State of California program,
loan or grant utilized on this Project.
6. TIME TO PERFORM THE WORK. CONTRACTOR shall commen ce th e Work
on the date specified in the Notice to Proceed to be issued to CONTRACTOR by the
Director of Public Works of CITY, and shall complete work on the Project within forty
(40) days after commencement.
7. NONDISCRIMINATION. CONTRACTOR shall not discriminate in its recruit ing ,
hiring, promotion, demotion or termination practices on the basis of race , rel ig ious
creed, color, national origin , ancestry, physical disability, mental disability, medical
condition, martial status, sex, age, or sexual orientation in the performance of this
Agreement, and shall comply with the provisions of the Ca lifornia Fair Employment and
Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government
Code; the Federal Civil Rights Act of 1964, as set forth in Publi c Law 88-352 , and all
amendments thereto; Executive Order 11246 ; and all administrative ru le s a nd
regulations issued pursuant to such acts and order .
8. LABOR CODE REQUIREMENTS.
(a) CONTRACTOR is aware of and agrees to abide by the provisions of
California Labor Code Sections 1720, et seq., as well as Sect ions 177 1, 1773 , 1773 .1,
1773.6, 1773.7 ,· 1774, 1775, 1776 and 1777 , pertaining to the obligation to pay
prevailing wages with respect to the performance of work ("Prevail ing Wage Laws ").
Copies of the prevailing rate of per diem wages and the general prevail ing rate for
holiday and overtime work for each craft are available upon request from the City . A
copy of the prevailing rate of per diem wages shall be posted at the job site. If such
posting is not possible, a copy shall be posted at the business of the CONTRACTOR.
(b) CONTRACTOR acknowledges that under Cal iforn ia Labor Code sect ions
1810 and following, eight hours of labor constitutes a legal day's work . CONTRACTOR
will forfeit as a penalty to City the sum of $25.00 for each worker employed in the
execution of this Agreement by CONTRACTOR or any subcontracto r for each calendar
day during which such worker is required or permitted to work more than 8 hours in any
one calendar day and 40 hours in any one calendar week in violat ion of the provis ions
of Labor Code section 1810. (Labor Code§ 1813.)
(c) CONTRACTOR must comply with Labor Code section 1771.1 (a), which
provides that CONTRACTOR is only eligible to perform the Work if CONTRACTOR is
registered with the Department of Industrial Relations as required by La bor Code
Section 1725.5, and that CONTRACTOR may award subcontracts for work that
qualifies as a "public work" only to subcontractors which are at the time of award
registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
CONTRACTOR must obtain proof of such registration from all such subcontractors.
LA #481 2-6556-4997 v i -4 -
(d) CONTRACTOR, and any subcontractor engaged by CONTRACTOR,
must pay not less than the specifi ed prevailing rate of per diem wages to all workers
emp loyed in the execution of this Agreement. (Labor Code§ 1774.) CONTRACTOR is
responsible for comp liance with Labor Code section 1776 relative to the retention and
inspection of payroll records .
(e) CONTRACTOR must comply with all provisions of Labor Code sect ion
1775. Under Section 1775, Contractor may forfeit as a pena lty to City up to $50.00 fo r
each worker employed in the execu tion of the Agreement by CONTRACTOR o r any
subcontractor for each calendar day, or portion thereof, in wh ich the worker is paid less
than the prevai ling rates. Contractor may also be liable to pay 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 l ess than the prevail ing wage rate.
(f) Nothing in this Agreement prevents CONTRACTOR or any subcontractor
from employing properly registered apprentices in the execution of the Agreement.
CON T RACTOR is responsible for comp li ance with Labor Code section 1777.5 for all
apprenticeable occupations. This statute requires that contractors and subcontractors
must submit contract award information to the applicab le joint apprenticeship
committee, must employ apprentices in apprenticeable occupations in a rat io of not less
than one hour of apprentice's work for every f ive hours of labor performed by a
journeyman (unless an exception is granted under §1777.5), must con tri bute to the
fund or funds in each craft or trade or a li ke amount to the Cal ifornia Apprenticeship
Council, and that contractors and subcontractors must not discriminate among
otherwise qualified employees as apprentices so le ly on the ground of sex, race,
religion, creed, national origin , ancestry or color. Only apprent ices defined in Labor
Code section 3077, who are in training under apprenticeship standards and who have
written apprentice contracts, may be emp loyed on public works in apprenticeable
occupations.
(g) CONTRACTOR shall defend, in demnify and hold the CITY, its elected
officia ls, officers, emp loyees and age nts free and harmless from any claim or l iability
ar is in g out of any failure or alleged failure to comply w ith the Prevailing Wage Laws.
9. PROJECT SITE CONDITIONS.
(a) CONTRACTOR shall, without disturbing the condition, notify CITY in
writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents
or employees have knowledge and reporting is possib le, of the discovery of any of the
following conditions:
(i) The presence of any material that the CONTRACTOR
believes is hazardous waste, as defined in Section 25117 of the Health and
Safety Code;
(ii) Subsurface or latent physical condit ions at the s ite differing
from those indicated in th e specifications; or,
LA 11481 2-6556 -4997 v I -5 -
(iii) Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally
recognized as inherent in work of this character provided for in this Agreement.
(b) Pending a determination by CITY of appropriate action to be taken,
CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the
hazardous waste or physical conditions from causing bodily injury to any person.
(c) CITY shall promptly investigate the reported conditions. If CITY, through
its Director of Public Works, or his or her designee , and in the exercise of its sole
discretion, determines that the conditions do materially differ, or do involve hazardous
waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time
required for, performance of any part of the Work, then CITY shall issue a change
order.
(d) In the event of a dispute between CITY and CONTRACTOR as to whether
the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the CONTRACTOR's cost of, or time required for, performance of any part
of the Work, CONTRACTOR shall not be excused from any scheduled completion date,
and shall proceed with all work to be performed under the Agreement. CONTRACTOR
shall retain any and all rights which pertain to the resolution of disputes and protests
between the parties.
10. INDEMNITY. CONTRACTOR shall assume the defense of and indemnify and
hold harmless the CITY, its elective and appointive boards, officers, agents and
employees, from all claims, loss, damage, injury and liability of every kind, nature and
description, directly or indirectly arising form the performance of the Work, regardless of
responsibility of negligence; and from any and all claims, loss, damage, injury and
liability, resulting directly or indirectly from the nature of the Work covered by this
Agreement, regardless of responsibility of negligence.
(a) CITY does not, and shall not, waive any rights against CONTRACTOR
which it may have because of the acceptance by CITY or the deposit with CITY by
CONTRACTOR, of any of the insurance policies hereinafter described in this
Agreement.
(b) The indemnity provided by CONTRACTOR shall apply to all damages and
claims for damages of every kind suffered, or alleged to have been suffered, by reason
of any of the Work by CONTRACTOR, or any subcontractor, regardless of whether
insurance policies are applicable to any of the damages or claims for damages.
(c) The provisions of this section do not apply to claims occurring as a result
of the City's sole negligence or willful acts or omissions.
(d) The provisions of this section will survive the expiration or earlier
termination of this Agreement.
LA #481 2-6556-4 997 v i - 6 -
11. BONDS. CONTRACTOR, before commencing the Work , shall furnish and file
with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one
hundred percent (1 00%) of the compensation amount stated in Section 3 of this
Agreement conditioned upon the faithful performance of this Agreement and a bond, or
bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100 %) of
the compensation amount stated in Section 3 of this Agreement conditioned upon the
payment of all labor and materials furnished in connection with th is Agreement.
12. INSURANCE. CONTRACTOR shall not commence the Work until
CONTRACTOR has obtained all insurance required by the Contract Documents and
such insurance has been approved by CITY as to form , amount and carrier.
CONTRACTOR shall not allow any subcontractor to commence work on any
subcontract until all similar insurance required of the subcontractor have been obtained
and approved.
(a) Workers' Compensation. CONTRACTOR shall take out and maintain,
during the life of this Agreement, Worker's Compensation Insurance (Statutory Lim its)
with Employers Liability Insurance (with limits of at least $1 ,000,000) for all of
CONTRACTOR's employees employed at the Project site; and , if any work is sublet,
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees, unless such employees are
covered by the protection afforded by CONTRACTOR. If any class of employees
engaged in Work under this Agreement at the Project site is not protected under any
Workers' Compensation law, CONTRACTOR shall provide and shall cause each
subcontractor to provide adequate insurance for the protection of employees not
otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting
from failure of either CONTRACTOR or any subcontractor to take out or maintain such
insurance. CONTRACTOR shall submit to Agency, along with the certif icate of
Insurance, a Waiver of Subrogation endorsement in favor of the Agency, its officers,
agents, employees and volunteers.
(b) Comprehensive General Liability, Products/Completed Operations
Hazard, and Contractual General Liability Insurance. CONTRACTOR shall take out
and maintain during the life of this Agreement such comprehensive general liab ility,
products/completed operations hazard, comprehensive automobile liability and
contractual general liability insurance as shall protect CITY, its elective and appointive
boards , officers , agents and employees, CONTRACTOR, and any subcontractor
performing work covered by this Agreement, from claims for damage for personal
injury, including death, as well as from claims for property damage which may arise
from CONTRACTOR's or any subcontractor's operat ions under this Agreement,
whether such operations be by CONTRACTOR or by any subcontractor, or by anyone
directly or indirectly employed by either CONTRACTOR or any subcontractor, and the
amounts of such insurance shall be as follows:
(i) General Liability Insurance in an amount of not less than
ONE MILLION DOLLARS ($1 ,000,000) per occurrence;
LA #481 2 -6556-4 997 v I -7 -
(ii) Products/Completed Operations Hazard Insurance in an
amount of not less than ONE MILLION DOLLARS ($1 ,000,000) per
occurrence; and
(iii) Contractual General Liability Insurance in an amount of not
less than ONE MILLION DOLLARS ($1 ,000,000) per occurrence.
General aggregate limits in an amount of not less than TWO MILLION DOLLARS
($2,000,000) shall be considered equivalent to the required min imum limits set forth
hereinabove.
(c) Comprehensive Automobile Liability . CONTRACTOR shall take out and
maintain during the life of this Agreement, comprehensive automobile liabi lity insurance
as shall protect CITY, its elective and appointive boards, officers, agents and
employees, CONTRACTOR, and any subcontractor perform ing work covered by this
Agreement, from claims for damage for personal injury, including death, as well as from
claims for property damage which may arise from CONTRACTOR's or any
subcontractor's operations under this Agreement, whether such operations be by
CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed
by either CONTRACTOR or any subcontractor, and the amounts of such insurance
shall be as follows:
(i) Comprehensive Automobile Liability Insurance in an amount of not
less than ONE MILLION DOLLARS ($1 ,000,000) combined single limit per accident.
(d) Proof of Insurance. The insurance required by this Agreement shall be
with insurers which are California Admitted and Best A rated or better. CITY shall be
named as "additional insured" on the general liability and automobile liability requ ired
hereunder, and CONTRACTOR shall furnish CITY, concurrently w ith the ex ecution
hereof, with satisfactory proof of carriage of the insurance required, and adequate legal
assurance that each carrier will give CITY at least thirty (30) days' prior notice of the
cancellation of any policy during the effective period of this Agreement.
(e) Umbrella or excess liability insurance . [Optional dep e nding on limits
requiredj. Contractor shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage
liability coverage at least as broad as the primary coverages set forth above , including
commercial general liability and employer's liability. Such policy or po li cies shall inc lude
the following terms an~ conditions:
• A drop down feature requiring the policy to respond if any primary insurance
that would otherwise have applied proves to be uncollectible in whole or in
part for any reason;
• Pay on behalf of wording as opposed to reimbursement ;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form " to the underlying primary polici es.
LA 11 481 2-6556-499 7 v I -8-
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