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HomeMy WebLinkAbout1988-055 . . RESOLUTION NUMBER 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT 2 TO LARRY JACINTO CONSTRUCTION FOR DEMOLITION AND CLEARANCE OF THE SAN BERNARDINO AREA CHAMBER OF COMMERCE PARKING LOT LOCATED AT 3 546 WEST SIXTH STREET, SAN BERNARDINO, CALIFORNIA. 4 5 6 7 8 88-55 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Larry Jacinto Construction is the lowest responsible bidder for demolition and clearance of the San Bernardino Area Chamber of Commerce Parking Lot located 546 West 9 Sixth Street, San Bernardino, for the total amount of $2,180.00. 10 A contract is awarded to said bidder accordingly, but such award 11 shall be effective only upon the contract being fully executed by 12 the parties. All other bids therefore are hereby rejected, and 13 the Mayor is hereby authorized and directed to execute said 14 contract on behalf of the city, a copy of the contract is 15 attached hereto, marked Exhibit "1" and incorporated herein by 16 reference as though fully set forth at length. 17 SECTION 2. Execution and Amendments. This contract and any 18 amendments or modifications thereto shall not take effect or 19 become operative until fully signed and executed by the parties 20 and no party shall be obligated hereunder until the time of such 21 full execution. No oral agreements, amendments, modifications or 22 waivers are intended or authorized and shall not be implied from 23 any act or course of conduct of any party. 24 I HEREBY CERTIFY that the foregoing resolution was duly 25 adopted by the Mayor and Common Council of the City of San 26 Bernardino at a reqular 27 7th day of March 28 wit: 2-2-88 meeting thereof, held on the , 1988, by the following vote, to 1 Reso-546 W 6th Street 1 2 AYES: 3 4 NAYES: 5 ABSENT~ 6 7 ~~Ib{h / . City Clark 8 9 Councilpersons Estrada, Flores, Maudsley, Minor, Miller None Council Members Reilly, Pope-Ludlam The foregoing'resolution is hereby approved this ~Yi~~- day 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of March , 1988. ! /' <~ ~ //-'ll/~] ~~~~~7 6rrf jsa~~;:~~no Approved as to legal form and content: l\ ! I /"' d~ /itj~ey 2-2-88 2 .. ~,~ 1 AQE~~M~H~ 2 CDBG DEMOLITION PROGRAM - FY 1987/1988 3 THIS AGREEMENT is entered into effective as of 4 March 7 , 1988, at San Bernardino, California, 5 between the CITY OF SAN BERNARDINO, a municipal corporation, 6 referred to as "City", and LARRY JACINTO CONSTRUCTION 7 8 Incorporated, hereinafter referred to as "Subrecipient". 9 City and Subrecipient agree as follows: 10 1. Recitals. 11 (a) Subrecipient has submitted a bid in response to 12 competitive procurement procedures for demolition services 13 issued by the City Community Development Department. Funds are 14 available to City through the Community Development Block Grant 15 Program from the united States of America to city. 16 (b) Subrecipient represents that the expenditures 17 authorized by this agreement are for valid and eligible 18 community development purposes, as defined in CFR 570 in 19 accordance with Federal law and regulations, and that all funds 20 granted under this agreement will be used for no purpose other 21 than those purposes specifically authorized. The specific 22 purposes and scope of services of this particular agreement are 23 the demolition of the structure located at 24 546 WEST SIXTH STREET , San Bernardino, 25 California. 26 2. PaYments. City shall reimburse Subrecipient for allow- 27 able costs incurred under the scope of this agreement and 28 applicable Federal regulations, which have not been paid for or 2-2-88 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made upon the acceptance of the work completed by the Director of Community Development, with the total of all such reimbursements not to exceed $ 2, 180.00 3. Term. This agreement shall commence 3/7/88 and terminate S/7/83 4. Use of Funds/Budqet. (a) The funds paid to Subrecipient shall be used by it solely for the purposes set forth in Paragraph l(b) of this agreement, and in accordance with the bid submitted by Subrecipient to the City of San Bernardino Community Development Department, a copy of which is attached to this agreement as Exhibit "A". The bid shall list all sources of funding for the program covered by this agreement, whether from State, Federal, local or private sources, and shall identify which sources are paying for which specific portions of the program, by line-item, to the extent practicable. (b) Funds shall be used for purposes authorized by the Community Development Block Grant Program only, and no portion of the funds granted hereby shall be used for any purpose not specifically authorized by this agreement. (c) A variation in the itemization of costs, as set forth in the bid submitted to City, not to exceed ten percent (10%) as to any particular line item, shall be allowed, provided that the prior written approval of the Director of Community Development of the City of San Bernardino is obtained, it being 2-2-88 2 1 understood that the total amount of the agreement shall not be 2 varied thereby. 3 (d) The parties intend that the funds be utilized 4 within the time period covered by this agreement, and 5 entitlement to any funds not expended or obligated shall revert 6 to the city. No reserve for the future shall be established with 7 the funds except as may be authorized to meet commitments made 8 for services provided during the period of this agreement, but 9 not yet paid for at the conclusion of this agreement. 10 5. Services Available to Residents: Monitorinq and Reoort- 11 inq Proqram Performance. The services of Subrecipient shall be 12 made available to residents and inhabitants of the City of San 13 Bernardino unless otherwise noted in Exhibit "A". No person 14 shall be denied service because of race, color, national origin, 15 creed, sex, marital status, or physical handicap. Subrecipient 16 shall comply with Affirmative Action guidelines in its 17 employment practices. 18 6. Procurement Practices: Conflict of Interest. 19 Subrecipient shall comply with procurement procedures and 20 guidelines established by Attachment "0" to Office of Management 21 and Budget Circular No. A-I02, "Procurement Standards". In 22 addition to the specific requirements of Attachment "0" to 23 Circular No. A-I02, Subrecipient shall maintain a code or 24 standards of conduct which shall govern the performance of its 25 officers, employees or agents in contracting with and expending 26 the federal grant funds made available to Subrecipient under 27 this agreement. Subrecipient's officers, employees or agents 28 shall neither solicit nor accept gratuities, favors, or anything 2-2-88 3 If. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of monetary value from contractors or potential contractors. To the extent permissable by state law rules, and regulations, the standards adopted by Subrecipient shall provide for penalties, sanctions or other disciplinary actions to be applied for violations of such standards by either the subrecipient's officers, employees or agents, or by contractors or their agents. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR section 570.611 and to the procurement rules specified in Office of Management and Budget Circular No. A 102 Attachment "0" in its expenditure of all funds received under this agreement. 7. Anti-Kick Back provisions: Eaual Emplovrnent Opportunity. All contracts for construction or repair using funds provided under this agreement shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled. Subrecipient shall report all suspected or reported violations to City. All contracts in excess of 2-2-88 4 1 $10,000.00 entered into by Subrecipient using funds provided 2 under this agreement shall contain a provision requiring 3 compliance with Equal Employment opportunity provisions 4 established by Executive Order #11246 as amended. 5 8. prevailinq Wage Reauirement. Any construction 6 contracts awarded by Subrecipient using funds provided under 7 this agreement in excess of $2,000.00 shall include a provision 8 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a 9 7) and as supplemented by Department of Labor Regulations 10 (29CFR). Under this Act, contractors shall be required to pay 11 wages to laborers and mechanics at a rate not less than the 12 minimum wages specified in a wage determination made by the 13 Secretary of Labor. In addition, contractors shall be required 14 to pay wages not less often than once a week. Subrecipient 15 shall place a copy of the current prevailing wage determination 16 issued by the Department of Labor in each solicitation and the 17 award of a contract shall be conditioned upon the acceptance of 18 the wage determination. Subrecipient shall report all suspected 19 or reported violations to city. 20 9. Temporary Withholdinq. The Director of the Community 21 Development of the City of San Bernardino is authorized to 22 temporarily withhold the payment of funds to Subrecipient when 23 the Director determines that any violation of this agreement has 24 occurred. Funds shall be withheld until the violation is 25 corrected to the satisfaction of the Director. Subrecipient 26 shall have the right to appeal the decision of the Director to 27 the Mayor and Common Council. The sole grounds for such appeal 28 shall be that no violation of the agreement has occurred. 2-2-88 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Subrecipient shall file such appeal within fifteen (15) days after such first withholding. The Mayor and Common Council shall set a date for the hearing of such appeal which is within thirty (30) days following the date of filing. 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this agreement shall be retained by Subrecipient for a period of three (3) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claims and audit findings involving the records, have been fully resolved. 11. Termination for Cause. City reserves the right to terminate this agreement and any and all grants and future payments under this agreement in whole or in part at any time before the date of completion of this agreement whenever City determines that the subrecipient has failed to comply with the conditions of this agreement. In the event City seeks to terminate this agreement for cause, city shall promptly notify the Subrecipient in writing of the proposed termination and the reasons therefore, together with the proposed effective date. Subrecipient shall be given an opportunity to appear before the Mayor and Common Council at the time at which the Mayor and Common Council are to consider such recommended termination, and shall be given a reasonable opportunity to show cause why, if any exists, the agreement should not be terminated for cause. Upon determination by the Mayor and Common Council that the contract should be terminated for cause, notice thereof, 2-2-88 6 1 including reasons for the determination, shall promptly be 2 mailed to the Subrecipient, together with information as to the 3 effective date of the termination. Such notice may be given 4 orally at that hearing. The determination of the Mayor and 5 Common Council as to cause shall be final. 6 12. Termination for Convenience. City or Subrecipient may 7 terminate this agreement in whole or in part provided both 8 parties agree that the continuation of the project would not 9 produce beneficial results commensurate with further expenditure 10 of funds. In such event, the parties shall agree upon the 11 termination conditions, including the effective date and, in the 12 case of partial terminations, the portion to be terminated. The 13 Subrecipient shall not incur new obligations for the terminated 14 portion after the effective date and shall cancel as many 15 outstanding obligations as possible. City shall allow 16 Subrecipient full credit for the City's share of the non 17 cancellable obligations properly incurred by the Subrecipient 18 prior to termination. 19 13. Hold Harmless. Subrecipient agrees to indemnify and 20 save harmless the City and its employees and agents from all 21 liabilities and charges, expenses (including counsel fees), 22 suits or losses, however occurring, or damages, arising or 23 growing out of the use of or receipt of funds paid under this 24 agreement and all operations under this agreement. Payments 25 under this agreement are made with the understanding that the 26 City is not involved in the performance of services or other 27 activities of the Subrecipient. Subrecipient and its employees 28 and agents are independent contractors and not employees or 2-2-88 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agents of city. In the event of any termination, subrecipient shall forthwith provide to the Community Development Department any and all documentation needed by the Community Development Department to establish a full record of all monies received by subrecipient and to document the uses of same. 14. Amendment. This agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this agreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 15. Assianment. This agreement shall not be assigned by Subrecipient without the prior written consent of city. 16. Notices. All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: As to City: As to Subrecipient: Director Community Development Dept. City of San Bernardino City Hall, Fifth Floor 300 North "D" street San Bernardino, Calif. 92418 Larry Jacinto Construction P.O. Box 615 Menton, CA 92359 17. Entire Aareement. This agreement and any document or instrument attached hereto or referred to herein integrates all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this agreement, and any such document or instrument, the terms and conditions of this 2-2-88 8 ~ 1 agreement shall prevail. 2 IN WITNESS WHEREOF, the parties hereto have executed this 3 agreement on the day and year first hereinabove written. 4 ATTEST: 5 6 7 8 9 ~ ~,.t/ ",f,~:l2(? r~'/i~; 71:// / City Clerk 10 / 11 BY: i ; 12 Approved as to form and legal content: 13 ~ ./2 -. ~ 14 City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2-2-88 9 #- .. TELEPHONE (714) 794-2151 Coni. Llc. No. 309726 P.O. Box 615 Mentone, CA 92359 PROPOSAL and CONTRACT Date January 20 ,19 88 TO City of San Bernardino, Community 300 N. 'D' St., 5th Floor San Bernardino, CA 92414 PROJECT: Developnent Dept. Telephone Dear Sir: We propose to furnish all materials and perform all labor necessary to complete the following: DEMO PARKING lJJT @ 546 W. 6th St., San Bernardino, CA DEMO AND REmVE CONCRETE SLAB, BLOCKWAIL AND TREES LUMP SUM $1,980.00 CONDITICNS: Bid excludes permits, fees, utility disconnects, reconnects, caps, removals or relocations, import, backfill, compaction and grading. Not responsible for damage to adjacent property due to removals. Bid good for 30 days. All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of: Dollars ($ Payments to be made as the work progresses to the value of completed. The entire amount of contract to be paid within days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this con- tract. All agreements must be made in writing. ) % of all work "NOTICE TO OWNER" (S9ction 7019-Conlroclors license low) Under the Mechanics' lien Law. any confactor. subcontractor, loborer, moterial- mon or other person who helps to improve your property and is not paid for his lobor. services or material, has 0 right to enfofce his claim ogainst your property Under th. low. you may protect yourselt against such claims by filing. belore commencing such work of improvement. an original contract for the work of improvement or 0 modification thereof, in the office of the county recorder of the county where the property is situated and requiri':'9 that a contractor's poyment bond be recorded in such office. Said bond shall be in on amount not less than fifty percent (SOo;.) of the contract price and sholl, in addition to ony conditions for the performance of the contract. b. conditioned fot the payment in full of 'he c1aim50 of all penon' fyrnishing labor services, equipment or moteriols 'or 'he work described in said conlroct. Respectfully submitted, By: Contactors are required by law to be licensed and regulated by the Contractors' State L ense Board. Any question concerning a contractor may be referred to the registrar of the board whose address Is: Contractors' State License Board, 1020 N Street, Sacramento, California 95814 ACCEPT ANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal. for which agree to pay the amount mentioned in said proposal, and according to the terms thereof. ACCEPTED If accepted, please sign and return Duplicate Copy. 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