HomeMy Public PortalAbout2022.223 (07-05-22) RESOLUTION NO. 2022.223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING A SURETY TAKEOVER AGREEMENT FOR THE YVONNE
BURKE-JOHN D. HAM PLAYGROUND/PARK RENOVATION
IMPROVEMENT PROJECT
WHEREAS, the Yvonne Burke-John D. Ham Park Playground/Park Renovation
Improvement Project ("Project") consists of construction a new Playground system for
kids ages 5 through 12, park improvement with new landscape and hardscape, new
lighting, new irrigation system, a shade structure, benches, new turf, a drinking fountain,
a swing set, new Park Entry Archway and new trees and planters, and
WHEREAS, the Project is located at 11832 Atlantic Avenue, specifically at the
northwest section of the park at the existing playground and area adjacent to the existing
playground; and
WHEREAS, on September 2, 2020, the Notice Inviting Bids for the Project was
advertised in the Daily Journal, Bid America, and on the City's web site (PlanetBids); and
WHEREAS, Civic Construction Associates was the lowest responsible bidder and
awarded the Project on November 17, 2020; and
WHEREAS, the original Contract Time for the Project was fifty-five working days
and the City's supervising consultants expressed concerns about Civic Construction
Associates performance during the fall and winter of 2021; and
WHEREAS, on February 25, 2022 the City issued a Notice of Default to Civic
Construction Associates and its Surety under its performance bond, The Ohio Casualty
Insurance Company ("Surety"), and provided a cure period of five (5) working days to
correct deficiencies in the Project; and
WHEREAS, Civic Construction Associates did not complete the requested cure
items and on April 19, 2022, the City Council formally terminated the contract with Civic
Construction Associates; and
WHEREAS, after conducting an investigation into the termination, Surety has
secured the services of a replacement contractor and provided the attached Surety
Takeover Agreement ("Agreement") to dictate the terms of the Surety's assumption and
assignment of Civic Construction Associates' duties on the Project; and
WHEREAS, the Agreement does not require the appropriation of any additional
funds that has not already approved for the Project and any approved change orders; and
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WHEREAS, the City Council finds that it is in the City's best interest to enter into
the Agreement with Surety in order to complete Project to provide access to the
playground for the City's residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds and determines that all of the above
Recitals are true and correct and incorporates such Recitals into this Resolution.
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Section 2. The Mayor is hereby authorized to execute the Surety Takeover
Agreement, in a form approved by the City Attorney, between the City of Lynwood and
The Ohio Casualty Insurance Company.
Section 3. The City Council authorizes the City Manager to approve any
consultant or vendor agreements, modifications, change orders or any other
agreements or amendments necessary to effectuate the purposes of the Surety
Takeover Agreement.
Section 4. The City Clerk shall certify to the adoption of this Resolution and
hereafter the same shall be in full force and effect
PASSED, APPROVED AND ADOPTED this 5tn day of July 2022.
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Jorge Cas no a, ayor
ATTEST:
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Maria Quin-onez, rnie H ndez, City Manager
ity Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia, City At rney Ernie r andez
Interi P lic Works Director
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby
certify that the foregoing Resolution was passed and adopted by the City Council of the
City of Lynwood at a meeting held on the 05th day of JULY, 2022.
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria ZTuihonez,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the
Clerk of the City Council of said City, do hereby certify that the above foregoing is a full,
true and correct copy of Resolution No. 2022.223 on file in my office and that said
Resolution was adopted on the date and by the vote therein stated. Dated this 05th day
of JULY, 2022.
Ma is Quinonez,
City Clerk
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