HomeMy Public PortalAbout2016.199 (09-06-16)RESOLUTION. 2016.199
A RESOLUTION OF THE CITY COUNCIL OF CITY OF LYNWOOD
ACCEPTING BID AND APPROVING AN AWARD OF CONSTRUCTION
CONTRACT TO TOBO CONSTRUCTION INC. FOR AN AMOUNT OF
$5,472,000 FOR THE CONSTRUCTION OF THE CITY HALL ANNEX (CIP NO.
67 -011)
WHEREAS, on July 5, 2016, the City Council authorized the release of
Notice Inviting Bids for the construction of the City Hall Annex (CIP No. 67 -011)
(Project); and
WHEREAS, the Project was advertised and fourteen bids were received on
August 24, 2016; and
WHEREAS, no protest was received within the timeframe provided for in
the Notice Inviting Bid; and
WHEREAS, Tobo Construction, Inc. was determined to be the Lowest
Responsible Bidder with a bid of $5,472,000 of which bid includes $283,829 in
"Cash Allowance".
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 award of
construction contract to Tobo Construction, Inc. for the construction of the City
Hall Annex for the amount of $5,472,000 (which includes $283,829 in "Cash
Allowance ").
Section 2. That the City Council authorizes the Mayor to execute a
contract substantially in a form approved by the City Attorney.
Section 3. That the City Council authorizes the City Manager to approve
contract change orders beyond and including the "Cash Allowance" amount of
$283,829, if warranted, up to the Available Project Contingency in the amount of
$498,654.
Section 4. That this Resolution shall take effect immediately upon its
adoption.
Section 6. The City Clerk shall certify as to the adoption of this City
Council Resolution.
[THIS SECTION INTENTIONALLY LEFT BLANK]
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PASSED, APPROVED and ADOPTED this 6th day of September, 2016.
ATTEST:
Maria Quinonez,
City Clerk
APPROVED AS TO FORM:
I� U
David A. Garcia,
City Attorney
Edwin Hernandez,
Mayor
J. Arnoldo Beltran,
City Manager
APPROVED AS TO CONTENT:
t6q� - _-- -
Raul Godinez II, P ,
Director of Public orks /City Engineer
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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 6th day of September, 2016, and passed by the following vote:
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS,
SOLACHE, CASTRO AND MAYOR HERNANDEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
I / �i•. � `Ili/
- N
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the
Clerk of the City Council of said City, do hereby certify that the above foregoing is
a full, true and correct copy of Resolution No. 2016.199 on file in my office and
that said Resolution was adopted on the date and by the vote therein stated.
Dated this 6th day of September, 2016.
r
aria Qui6oXnez, Ci Clerk
-J
1.4.1 CITY OF LYNWOOD AGREEMENT
FOR CONSTRUCTION OF PROJECT NO. 4011.67.011,
ENTITLED "CITY HALL ANNEX"
This agreement (the "Agreement ") is made and entered into on this 6th day of September,
2016 by and between the City of Lynwood, a California Municipal Corporation ( "City ") and
Tobo Construction Inc. ( "Contractor"). City and Contractor are sometimes hereinafter
referred to individually as a "Party" and collectively as the "Parties."
RECITALS
City and Contractor, based upon the mutual promises contained herein, do hereby agree
as follows:
I. CONTRACT DOCUMENTS
This Agreement consists of the following Contract Documents, the terms and conditions of
which are expressly incorporated as component parts of this Agreement as if herein set out
in full'orattached hereto:
A. Notice Inviting Bids, Dated July 12. 2016
B. Instructions to Bidders.
C. Addenda.
D. Contractor's Bid Proposal and Workers' Compensation Certificate dated
September 15. 2016, and all other Bid Documents attached thereto,
including but not limited to:
1. Total Bid Price - Schedule A
2. List of Subcontractors
3. Anti -Trust Claim
4. Non - Collusion Affidavit
5. Bid Bond (Bid Security Form)
6. Bidder's General Information
7. Bidder's Insurance Statement
8. Qualification Questionnaire
E. Payment Bond.
F. Performance Bond.
G. Certificates /Proof of Insurance and Endorsements.
H. Certified Copy of the Lynwood City Council Resolution No. 2016 -199
awarding the contract to Contractor.
I. Notice of Award dated September 8, 2016
J. Notice to Proceed dated
K The Plans (Contract Drawings entitled "City Hall Annex ").
L. Special Provisions
M. Standard Specifications for Public Works Construction, "Greenbook" Current
Edition
N. Appendices A through G of the Contract Documents.
O. Reference Specifications.
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P Approved and Fully- Executed Change Orders.
Q. The Director of 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.
IL 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 Five Million Four Hundred
Seventy Two Thousand Dollars ($5,472,000) subject to additions and deductions, if any,
made in accordance with said Contract Documents. Progress payments shall not be made
more often than once each thirty (30) days, nor shall progress payments paid be in excess
of ninety percent (90 %) of the Contract Price at time of completion. Final payment to
Contractor will be processed thirty -five (35) days after the City has recorded the Notice of
Completion. Contractor may, upon Contractor's written request, and approved by the City
Council, at Contractor's expense, deposit substitute securities, as stated in Government
Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of
retention monies withheld to insure performance.
Payment of undisputed amounts due under this Agreement, including the final payment
due hereunder, is contingent upon the Contractor furnishing to the City an unconditional
release by the Contractor of all claims against the City arising by virtue of this Agreement
related to those amounts. Disputed claims in stated amounts may be specifically excluded
by Contractor from the operation of any release. No payment, final or otherwise, shall
operate to release the Contractor or its sureties from obligations arising under this
Agreement or the bonds and warranties furnished hereunder. No payment shall be
construed as an acceptance of any of the Work or of defective or improper materials.
III. BONDS
Within ten (10) calendar days of receiving the Notice of Award and prior to Contractor's
commencement of the Work, Contractor shall furnish to City, using the forms set forth in
the Bid Documents, a Labor and Materials Payment Bond in an amount equal to one
hundred percent (100 %) of the Contract Price, and a Performance Bond in an amount equal
to one hundred percent (100 %) of the Contract Price, said bonds to be in conformance with
the Contract Documents, including but not limited to, the General Specifications and
Subsection 2.2.2 of the Special Provisions.
IV. INDEMNITY
Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its
respective elected and appointed boards, officials, officers, agents, employees,
representatives and volunteers (individually and collectively referred to hereinafter as
"Indemnitees ") free and harmless from any and all claims, demands, causes of action,
costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of
whether the allegations are false, fraudulent, or groundless, to property or persons,
including wrongful death, to the extent arising out of or incident to any acts, omissions or
willful misconduct of Contractor, its officials, officers, employees, agents, consultants and
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contractors arising out of or in connection with the performance of the Work or this
Agreement, including claims made by subcontractors for nonpayment, including without
limitation the payment of all consequential damages and attorneys fees and other related
costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk,
with counsel of City's choosing, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against Indemnitees. To the
extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that
may be rendered against Indemnitees in any such suit, action or other legal proceeding.
Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided. The
only limitations on this provision shall be those imposed by California Civil Code Section
2782.
This obligation to indemnify and defend Indemnitees as set forth herein shall survive the
termination of this Agreement and is in addition to any rights which City may have under
the law. This indemnity is effective without reference to the existence or applicability of any
insurance coverages which may have been required under this Agreement or any additional
insured endorsements which may extend to City.
V. INSURANCE
Without limiting Contractor's indemnification of Indemnitees as set forth in Section IV of this
Agreement, Contractor shall obtain, provide and maintain, at its own expense, the types
and amounts of insurance described in Subsection 2.7.2 of the Special Provisions of the
Contract Documents. Such insurance shall be in force prior to Contractor commencing any
Work under this Agreement and shall remain in force for the duration of this Agreement and
for any other such period as may be required herein. Contractor shall provided proof of the
required insurance coverage and the endorsements specified in Subsection 2.7.2 of the
Special Provisions within ten (10) calendar days of receipt of the Notice of Award.
VI. INELIGIBLE SUBCONTRACTORS
In accordance with the provisions of Section 6109 of the California Public Contract Code,
Contractor agrees that it shall not perform any work under this Agreement with a
subcontractor who is ineligible to perform work on a public works contract pursuant to
Sections 1777.1 and 1777.7 of the California Labor Code. Contractor further
acknowledges that any contract on a public works project entered into between a contractor
and debarred subcontractor is void as a matter of law, and a debarred subcontractor may
not receive any public money for performing work as a subcontractor on a public works
contract. Any public money that is paid or may have been paid to a debarred subcontractor
by a Contractor for work performed on this Project shall be returned to the City. The
Contractor shall be responsible for the payment of wages to workers of a debarred
subcontractor who have been allowed to work on the Project.
VII. COMMENCEMENT OF WORK AND LIQUIDATED DAMAGES
The Contractor shall commence the Work required by this Agreement within ten (10)
calendar days of the date specified in the Notice to Proceed from the City, and shall
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complete all Work as specified in the Contract Documents within TWO HUNDRED
SEVENTY (2701 WORKING 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 $2,200 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.
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
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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. Contractor who violates this section is subject to all penalties imposed
for a violation of the California Labor Code Section 1735.
XIII. PREVAILING WAGES
The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770
et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ( "Prevailing
Wage Laws "), which require the payment of prevailing wage rates and the performance of
other requirements on certain "public works" and "maintenance" projects. Since the work
covered by this Agreement involves an applicable "public works" or "maintenance" project,
as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws as set forth in the
foregoing statutes and in the Special Provisions of the Contract Documents.
XIV. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Contractor warrants and
represents he /she /they has /have the authority to execute this Agreement on behalf of
his /her /their corporation, partnership, or business entity and warrants and represents that
he /she /they has /have the authority to bind Contractor to the performance of its obligations
hereunder.
XV. ASSIGNMENT; GOVERNING LAW
This Agreement may not be assigned by Contractor, in whole or in part, without the prior
written consent of the City. This Agreement and any dispute arising hereunder shall be
governed by the law of the state of California.
XVI. NOTICES
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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 email 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.
The City may allow the use of the internet mail for urgent matters such as notification of
change or condition. Unless otherwise allowed by the Engineer, internet email shall be
directed to the Engineer. The designated internet email for the Engineer will be provided at
the pre- construction meeting. All internet email shall be followed up with a paper copy that is
mailed to the Engineer on the same day the internet email is forwarded. The Engineer will not
accept any illegible internet email correspondence.
City Contractor
City of Lynwood Tobo Construction Inc.
Attn: Director of Public Works /City Engineer Attn: Monica Oh, President
11330 Bullis Road 2500 Pacific Coast Highway
Lynwood, CA 90262 Torrance, CA 90505
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
Tobo Construction Inc.
// LEGAL NAME OF FIRM
By: By:
EDWIN HERNA� Signature of Chairman of Board,
Mayor President, or Vice President
Attest:
By:
MARIA QUINONEZ
City Clerk
Approved as to Form:
By: a PA, Wu
DAVI A. GARCIA
City Attorney
Monica Oh
(Typed /Printed Name)
Signature of S cre ary, Assistant
Secretary, CF Q, or)Assistant Treasurer
Jimi Chae
(Typed /Printed Name)
_Secretary
(Title)
[NOTARY REQUIRED FOR
SIGNATURE(S) OF CONTRACTOR]
Page 7
ACKNOWLEDGMENT
"A Notary Public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document."
State of California
County of ( Los Angeles 1
On 9/15/2016 before me, Suzie H Na. Notary Public
(Insert name and title of the officer)
personally appeared Jim! Chae
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Californa that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
SUZIE H. NA
COMM: # 2022906
NOTARY PUBLIC • CALIFORNIA
1 LOS ANGELES COUNTY
Comm. Fx . MAY 2, 2017 +