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HomeMy Public PortalAbout2016.025 (02-02-16)RESOLUTION. 2016.025 A RESOLUTION OF THE CITY COUNCIL OF CITY OF LYNWOOD APPROVING THE FIRST AMENDED AGREEMENT BETWEEEN THE CITY AND CAL -CITY CONSTRUCTION, INC. TO MODIFY THE RETENTION AMOUNT WHEREAS, on July 7, 2015, the City Council authorized the release of Notice Inviting Bids for the construction of the Yvonne Burke -John D. Ham Park Community Center, CIP No. 67 -007 (Project); and WHEREAS, the bid document contained a provision for a 10 percent retention; and WHEREAS, on October 20, 2015, the City Council approved an award of contract to Cal -City Construction, Inc. for the construction of the Yvonne Burke - John D. Ham Park Community Center (Project). WHEREAS, Senate Bill 293 became effective January 1, 2012, which added Section 7201 to the Public Contract Code, limiting the amount of retention proceeds that may be withheld on all public contracts executed after January 1, 2012; and WHEREAS, the exceptions to the 5 percent retention limit were not met prior to the release of the bid documents; and WHEREAS, Cal City Construction, Inc. is asserting the 5 percent retention. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council hereby approves the First Amended Agreement, attached hereto as Exhibit A, between the City and Cal- Construction, Inc.. Section 2. That the City Council authorizes the Mayor to execute the First Amended Agreement in a form approved by the City Attorney. Section 3. That this Resolution shall take effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. [THIS SPACE INTENTIONALLY LEFT BLANK] 1 PASSED, APPROVED and ADOPTED this 2nd day of February, 2016. Edwin Hernandez, Mayor ATTEST: II Maria Quinonez, J. Arnoldo Beltran, City Clerk City Manager APPROVED AS TO FORM: J David A. Garcia, City Attorney APPROVED AS TO CONTENT: 1 Raul odinez II, P.E , Director of Public Wo s /City Engineer A) STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 2nd day of February, 2016, and passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, SOLACHE, CASTRO AND HERNANDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE aria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) SANTILLAN -BEAS, 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. 2016.025 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 2nd day of February, 2016. aria Quinonez, it Clerk FIRST AMENDED AGREEMENT This First Amended Agreement ( "Amended Agreement ") is made as of this :2 day of �y, 215 6 by and between the City of Lynwood, a municipal corporation ( "City ") and Cal -City Cor' ruction, Inc. ( "Contractor ") (collectively the City and the Contractor are sometimes herein referred to as "the parties "), to amend the CITY OF LYNWOOD AGREEMENT, FOR CONSTRUCTION OF PROJECT NO. 4011.67.007, ENTITLED "YVONNE BURKE -JOHN D. HAM PARK COMMUNITY CENTER" ( "Agreement ") between the Parties, entered into on October 20, 2015. RECITALS WHEREAS, the City desires to modify the retention amount applicable to the Contractor, provided for in the Bid Instructions, Section 2.9.1.2 ( "Progress and Final Payments "), page 2.9 -1, expressly incorporated into the parties' Agreement; and - WHEREAS, the Contractor desires to continue to perform its obligations under the Bid Instructions, the Agreement, and this Amended Agreement. NOW, THEREFORE, in consideration of the performance by the Parties of the covenants and conditions .herein contained, the Parties agree to amend the Agreement as follows: 1. Section 2.9.1.2. Progress and Final Payments. - -This Amended Agreement hereby modifies the retention amount at Section 2.9.1.2 of the Bid Instructions, as follows: "Subject to the provisions of Section 22300 of the Public Contract Code, a five percent (5 %) retention will be withheld from each progress payment." . 2. All other covenants and conditions of the Agreement are hereby incorporated by reference. IN WITNESS WHEREOF, the Parties have entered into this Amended Agreement as the dates written above. [SIGNATURES TO FOLLOW] CITY OFL YNWOOD � / By: -Edwin Nernan6z, Ma r Date ATTEST: _ By:.. �6 Maria Quinones, City Clerk Date 1 9 • V Et t A • • �7 _-A I David A. Garcia, City Attorney Date CONTRACTOR Cal -City Construction, Inc. Woo S. Lim President Date Valencia Sheet Metal, Inc. 10576 Ilex Ave PACO[MA CA 91331 -3139 USPS CERTIFIED MAIL 9414 8102 0082 9919 2986 68 City of Lynwood 11330 Bullis Road LYNWOOD CA 90262 -3665 I�I�InI'llllll'��II'�S' III' I�' II "Il��n�lll���l�ll���ill�l��ni FOLD ALONG THIS LINE US POSTAGE AND FEES PAID N FIRST -CLASS o_ Feb 16 2016 r Mailed from ZIP 91331 d 1 oz First -Class Mail Letter _ f! 071SO0777793 O 93 (� 12 ° RED 2 2 `2015 CITY U 4� LY N WOOD CALIFORNIA PRELIMINARY NOTICE CITY CLERKS OFFICE (For use on Private and Public Works) See Civil Code Sections 8200, et seq., 9300, et seq. OWNER or PUBLIC ENTITY or Reputed Owner (public work) (private work) City of Lynwood 11330 Bullis Road (address) Lynwood CA 90262 (state) (zip code) DIRECT CONTRACTOR or Reputed Direct Contractor, if any (private and public work) Cal -City Construction, Inc. 16605 Norwalk Blvd. (address) Cerritos, CA 90703 (city) (state) (zip code) CONSTRUCTION LENDER or BOND COMPANY or Reputed Construction (private and public work) Lender, if any (private work) CNA Surety 915 Wilshire Blvd., Suite 1650 (address) Los Angeles CA 90017 (city) - (state) (zip code) EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. C &B R.visad 7 -1 -2012 YOU ARE HEREBY NOTIFIED THAT ... Valencia Sheet Metal, Inc. (nalne of person or firm furnishing labor, services, equipment or material) 10576 Ilex Avenue, Pacoima, CA 91331 (address of person or firm furnishing labor, services, equipment or material) Telephone (818) 896 -5005 Subcontractor (relationship of claimant to the parties) has furnished or will furnish labor, services, equipment or materials of the following general description: Sheet Metal Fabrication and Installation (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at: Yvonne Burke -John D Ham Park Community Center (address or description ofjob site sufficient for identification, including street address, if any) 11832 Atlantic Ave. Lynwood, CA 90262 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: Cal -City Construction, Inc. 16605 Norwalk Blvd. Cerritos, CA 90703 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: 146,400.00 Identify all laborers not paid compensation when due, and any person or entity to whom a portion of a laborer's compensation is paid. (Material suppliers not required to furnish) (name) (address) (name) (address) (name) (address) Dated- 02/16/201fi/., Hamilton Gelling Systems, Inc. City of Lynwood 11330 Bullis Road Lynwood, CA 90262 572 E. Caroline St. Ste. 8, San Bernardino, Ca 92408 Phone 951- 276 -1843 Fax 951 - 276 -1846 License #787546 CALIFORNIA PRELIMINARY NOTICE — PUBLIC WORKS (THIS NOTICE IS GIVEN PURSUANT TO CALIFORNIA CIVIL CODE §§ 8034(b), 8102,8106-8118,9300 et seq.) TO: FEB PUBLIC ENTITY DIRECT CONTRACTOR 1ST TIER SUBCONTRACTOR C ( -� �(i r+ d§ �36, 9302) (CA Civ. Code § 8018) (IF APPLICABLE) (CA Civ. Code § 8046) C17 Y CLERKS OFFICE NAME: City of Lynwood Cal -City Construction, Inc. ADDRESS: 11330 Bullis Road Lynwood, CA 90262 YOU ARE HEREBY NOTIFIED THAT: Name: Hamilton Ceiling Systems, Inc. Address: 572 E. Caroline Street, Ste. 8, San Bernardino, CA 92408 16605 Norwalk Blvd Cerritos, CA 90703 Relationship to the parties of the one giving this notice (subcontractor, supplier, describe if otherwise): Subcontractor HAS FURNISHED OR WILL FURNISH WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING GENERAL DESCRIPTION: Acoustical Ceilings FOR THE BUILDING, STRUCTURE OR OTHER WORK OF IMPROVEMENT LOCATED AT THE FOLLOWING ADDRESS OR SITE OTHERWISE DESCRIBED SUFFICIENTLY FOR IDENTIFICATION: Address: 11832 Atlantic Avenue, Lynwood, CA 90262 or Description: Yvonne Burke -John D Ham Community Center Project #: 4011.67.007 Hamilton Ceiling Systems, Inc. Job #16 -009 THE PERSON OR FIRM TO WHOM SUCH WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL IS PROVIDED: Name: Cal -City Construction, Inc. Address: 16605 Norwalk Blvd., Cerritos, CA 90703 AN ESTIMATE OF THE TOTAL PRICE OF THE WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL PROVIDED TO DATE IS: Amount:$ 0.00 AN ESTIMATE OF THE TOTAL PRICE OF THE WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL TO BE PROVIDED IS Amount:$ 10,600.00 PROOF OF SERVICE DECLARATION Jessica Turner declare that I served copies of the above CALIFORNIA PRELIMINARY NOTICE — PUBLIC WORKS, (check appropriate box): a. By personally delivering copies to (name(s) and title(s) of person served) at (address), on (date), at .m. (time) b. 0 By Registered or Certified Mail, Express M ii or Overnight Delivery by an express service carrier, addressed to each of the parties at the address shown above on 2016 (date). C. ID By leaving the notice and mailing a copy in the manner provided in § 415.20 of the California Code of Civil Procedure for service of Summons and Complaint in a Civil Action. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and c Ct: Executed on 2016 (date), at Riverside (city), CA (State). (Signature of Person Making Service) © Porter Law Group, Inc. 2015 CALIFORNIA PRELIMINARY NOTICE for PRIVATE WORKS FEB 2 2 2016 Pursuant to California Civil Code § 8034 (a), 8102, 8110, 8106, 8200 et seq. iltoltKtT, r — hle%r A 1 1�hl*'** M"t 1 VEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN_FULL, if the person or firm that has given you this notice is not paid in I r ab a Fief provided or to, be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice o completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are residential homeowner of a dwelling containing four or fewer units. TO OWNER (or Reputed Owner): Name: City of Lynwood Address: 11330 Bullis Rd. City /St /Zip: Lynwood California 90262 CONSTRUCTION LENDER (or Reputed Construction Lender): Name: Address: City /St /Zip: California DIRECT CONTRACTOR (or Reputed Direct Contractor): Name: Cal -City Construction, Inc. Address: 16605 Norwalk Blvd. City /St /Zip Cerritos California .90703 OTHERS (Surety, Subcontractor): Name: Western Surety Company Address: 6300 Canoga Ave., Ste. 1150W City /St /Zip: Woodland Hills I California 91367 FROM YOUR ARE HEREBY NOTIFIED THAT THE UNDERSIGNED CLAIMANT: Has supplied materials or equipment, or performed work or services as follows: Labor & Materials For improvement of the property defined as: In the Amount of: Address: 11832 Atlantic Ave. City /State /Zip: Lynwood California 90262 $129r0�0.�0 This is an estimated amount, and is not a APN: or Description Yvonne Burke John.Ham Park limitation of claimant's final amount Under contract with: PROOF OF SERVICE AFFIDAVIT (Pursuant to California Civil Code §8106) 1, Lisa Cruz declare that I served copies of the above Preliminary Notice for Private Works by: personal deliveryt personal delivery Name /Title Address at at „on on date time Pursuant to California Civil Code §8110, via Registered or Certified Mail, Express Mail, or overnight delivery by an express service carrier to each of the parties and respective addresses as listed above on February 16, 2016 Pursuant to California Civil Code §8106, via registered or certified Mail, express mail, or overnight delivery by an express service carrier to each of the parties and respective addresses as listed above on I declare under penalty of perjury that the foregoing is true and correct. Signed 6YA�g on E3 By using this form, you have read the Terms & Conditions and release Preliminary Notice, LLC, its officers, members and employees of liability. Please check with your attorney as to the form's compliance with state shiMe. i "" .`i_ � C264165 CALIFORNIA PRELIMINARY NOTICE FEB 2 2 glR (For use on Private and Public Works) See Civil Code Sections 8200, et seq., 9300, et. seq. CITY UV- L `e l4 yy0 D CITY CLERKS OFFICE YOU ARE HEREBY NOTIFIED THAT .... 9414814901503113171810 OWNER or PUBLIC ENTITY or Reputed Owner (on public work) (on private work) CITY OF LYNWOOD 11330 BULLIS RD. LYNWOOD, CA 90262 DIRECT CONTRACTOR or 9414814901503113171827 Reputed Direct Contractor, if any. (on private or public work) CAL -CITY CONSTRUCTION, INC. 16605 NORWALK BLVD. CERRITOS, CA 90703 562 - 404 -2820 CONSTRUCTION LENDER or. Reputed_ Construction Lender, if any. (on private work),. (BOND INFO) #58730881 CNA SURETY . 915 WILSHIRE BLVD., STE. 1650 LOS ANGELES, CA.90017 NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or,completion of your construction project, you must within 10 days after recording send a copy of the notice of completion• to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send-the notice will extend the deadline to record a, claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. ALPHA ONE ELECTRIC, INC. 4744 N. ROXBURGH AVE. COVINA, CA 91722 310 - 579 -5568 relationship of claimant to the parties: SUBCONTRACTOR has furnished or will furnish labor, services, equipment or materials of the following general description: ELECTRICAL (APN:6189- 019 -904) for the building, structure or other work of improvement located at: YVONNE BURKE - JOHN D. HAM COMMUNITY CTR., 11832 ATLANTIC AVE., (PROJ. #4011.67.007) LYNWOOD, CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: CAL -CITY CONSTRUCTION, INC. 166051NORWALK BLVD.' CERRITOS, CA 90703 562 - 404 -2820 An estimate of the total price of the labor,- services, equipment or materials furnished or to be furnished is: $ 490000.00 Trust Funds to which Supplemental Fringe benefits are payable: Identify all laborers not paid compensation when due, and any person or entity to whom a portion of a laborer's compensation is paid. (Material suppliers not required to furnish) Name Address Name Address Name Address Dated ;2%16/2016 Signature (title) PRELIM SYSTEMS INC.; P.O. BOX 385, LA VERNE, CA 91750 -0385 CNASURETY CONTRACT STATUS INQUIRY 1 Please complete the information below, sign and return to Surety Company: Surety Company and Address Western Surety Company 1455 Frazee Road, Ste. 300 San Diego, CA 92108 Fax 619 - 682 -3509 Phone 619 - 682 -3550 Contractor's Name and Address Cal -City Construction, Inc. 16300 Downey Ave. Paramount, CA 90723 Date Mailed: 02/12/2016 Original Contract Price: $4,650,000.00 Bond Number: 58730881 Effective Date: 10/30/2015 Underwriter: DZM Office: SD Obligee or Contact The City of Lynwood 11330 Bullis Road - Lynwood, CA 90262 Er"'El"ED Description of Contract Yvonne Burke - John D. Ham Park Community Center 1: -If contract is completed, please state: FEB 2 2 2010 CI'fy OF LyoVW00D CITY CLERKS OFFICp Date.of Completion Date of Acceptance Final Contract Price 2. If contract is uncompleted, please state: Anticipated completion date: Approximate % or dollar amount of contract completed or delivered: 3.. Do you know of any unpaid bills for labor or inateria i Dyes. D No 4. Additional Comments: Without prejudicing your right or affecting our liability under our bonds) described above, we would appreciate as much of the above information as is now available. It is understood that the information contained herein is furnished as a matter of courtesy for the confidential use of the surety and is merely an expression of opinion. It is also agreed that in furnishing this information, no guaranty or warranty of accuracy or correctness is made and no responsibility is assumed as a result of reliance by the surety, whether such information is furnished by the owner or by an architect or engineer as the agent of the owner. Name Title Date Phone