HomeMy WebLinkAbout1988-056
..4
.
1
RESOLUTION NUMBER 88-56
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT
2 TO L. KELLY DEMOLITION FOR DEMOLITION AND CLEARANCE OF THE
GOODWILL INDUSTRIES, INC., STRUCTURE LOCATED AT 899 WEST THIRD
3 STREET, SAN BERNARDINO, CALIFORNIA.
4
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. L. Kelly Demolition is the lowest responsible
7 bidder for demolition and clearance of the Goodwill Industries,
8 Inc., structure located at 899 West Third Street, San Bernardino,
9 for the total amount of $22,000.00. A contract is awarded to
10 said bidder accordingly, but such award shall be effective only
11 upon the contract being fully executed by the parties. All other
12 bids therefore are hereby rejected, and the Mayor is hereby
13 authorized and directed to execute said contract on behalf of the
14 City, a copy of the contract is attached hereto, marked Exhibit
15 "I" and incorporated herein by reference as though fully set
16 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
meeting thereof, held on the
27
7th day of
March
, 1988, by the following vote, to
28 wit:
2-2-88
1
,J
~ "
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
AYES:
Councilpersons Estrada, Flores, Maudsley,
Minor, Miller
NAYES:
None
ABSENT:
Council Members Reilly, Pope-Ludlam
p<~'-;.hr4/ /a;;/.-1(/
/ City Clerk
\...~ ~JL_
L <--
The foregoing resolution is hereby approved this
day
of
March
, 1988.
/
May6r, City of San Bernardino
Approved as to legal form
and content:
lab
0739
2-2-88
2
1 A~B~~M~H~
2 CDBG DEMOLITION PROGRAM - FY 1987/1988
3 THIS AGREEMENT is entered into effective as of
4 February 15 , 1988, at San Bernardino, California,
5 between the CITY OF SAN BERNARDINO, a municipal corporation,
6 referred to as "City", and L. KELLY DEMOLITION
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 ~qq WR~T THTRD STRRF.T (GOODWILL INDUSTRIES BUILDING) , 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
EXHIBIT "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 $ 22.000.00
3. Term. This agreement shall commence 2/15/88 and
terminate 6-1-88
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
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
understood that the total amount of the agreement shall not be
varied thereby.
(d) The parties intend that the funds be utilized
within the time period covered by this agreement, and
entitlement to any funds not expended or obligated shall revert
to the city. No reserve for the future shall be established with
the funds except as may be authorized to meet commitments made
for services provided during the period of this agreement, but
not yet paid for at the conclusion of this agreement.
5. Services Available to Residents: Monitoring and Report-
inq Proqram Performance. The services of Subrecipient shall be
made available to residents and inhabitants of the city of San
Bernardino unless otherwise noted in Exhibit "A". No person
shall be denied service because of race, color, national origin,
creed, sex, marital status, or physical handicap. Subrecipient
shall comply with Affirmative Action guidelines in its
employment practices.
6. Procurement Practices: Conflict of Interest.
Subrecipient shall comply with procurement procedures and
guidelines established by Attachment "a" to Office of Management
and Budget Circular No. A-I02, "Procurement Standards". In
addition to the specific requirements of Attachment "0" to
Circular No. A-I02, Subrecipient shall maintain a code or
standards of conduct which shall govern the performance of its
officers, employees or agents in contracting with and expending
the federal grant funds made available to Subrecipient under
this agreement. subrecipient's officers, employees or agents
shall neither solicit nor accept gratuities, favors, or anything
2-2-88 3
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 Employment
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.D.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. Prevailing Waqe 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. Temporarv 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 sf 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 C...on Council that the
contract should be terminated for ca..., notice thereof,
2-2-88
,
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 "0" street
San Bernardino, Calif. 92418
L. Kelly Demolition
6041 42nd Street
Rubidoux, CA 92509
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
/' City 'Clerk
7
8
9
10
11
12 Approved as to form
and legal c~:
13, 4~~)
14 .~/City Attorney
15 KJHjlab
0737
16
17
18
19
20
21
22
23
24
25
26
27
28
2-2-88 9
BY:
Mayor, 0 the City
San Bernardino
SUBRECIPIENT:
~ ) ,
'II /'" // i.P. tL.!L /
BY:~.d.4.:t} t?jr1f 4~
Pr dent
By.Lf'Yl /) ~~' ,-.1-_ ~ 4(//
· --I-l--f'lA ,,/, ~ /v( - ,;/ c:::..!~~, --G~' ..."
I "ecretary / /'
\1 ~/
~b
(hereinafter" Contractor")
proposers) to furnish all materials and pertor all labor necessary to complete the following: [Insert a description of the work to be done and a descriptIOn of the matenals to
be used and the equipment to be used or installed. and state the address of the job site. ]
PROPOSAL AND CONTRACT
(NOT FOR HOME IMPROVEMENT)*
l
In. ",-+- / l ro() 6 .
~O-<~~- ~~
.~.~~~ j
{' ~ ,
g1q U/,~ s-I-, ~ __
., ,It ..".., .." ,,"'.. m,1 to"" ""'"",..,,,, .",'''"" ,m,""" "'''d'"' '" ,,,,,,,d ,,,,,..,,,, 'h""m,, ~ ~ -
Dollars ($ :;.. rJ dL<.J-1) eL<..)
P""'''' ".,m,"" ''''11'' "'d' ~ ~ /'
to the value of
per cent (_'I,) of all work completed.
The remaining balance of the contract is to be paid within days after completion.
This proposal is valid until . and if accepted on or before that date. work will commence approximately on
and will be substantially completed approximately on . subject to delays caused by acts of God. stormy weather. uncontrollable
labor trouble. or unforeseen contingencies.
Any alteration or deviation from the above specifications. Including but not limited to any such alteration or deviation involving additional material and/or labor costs. will be
executed only upon a wril1en order for same. signed by Owner and Contractor. and if there is any charge for such alteration or devialion. the additional charge will be added to
the contract price of this contract
If any payment is not made when due. Contractor may suspend work on the job until such time as all payments due have been made A failure to make payment for a penod
in excess of days from the due date shall be deemed a material breach of this contract.
Respectfully submitted.
~ I ~~.tr il(}P-#AA~./!r"..:
U N at n"r'/
By 6 uJ. h .L-A...J ~~.J (j
~CJ 4 /_ L;'jign~ s-l- ")
\() '( '", Slreel Address
~@-~/ 9r2$C) r ~rg:;-Iqas-
Clly 5 () 9a g ~ () Zlv Telephone No
Contractor s State license No
Name and Registration No of any Salesperson who solicited or negotiated this
contract
Name
No
ACCEPTANCE
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in this Proposal. for which I/we
agree to pay the contract price mentioned in this Proposal, and according to the terms thereof. I/we have read and agree to the provisions
contained herein. and in any attachments hereto. which are made a part hereof and are described as
Owner s Name
ACCEPTED:
tOwner's Slgnalurei
100lel
Clly
Slate
Zip
Contractors are required by law to be licensed and regulated by
the Contractors' State License Board. Any questions concerning
a contractor may be referred to the Registrar, Contractors' State
License Board, P.O. Box 26000, Sacramento. CA 95826
Streel Address
Busmess Address
)
Busmess Phone No
WOLCOTTS FORM o64NHI-PROPOSAL ANO CONTRACT (NOT FOR HOME IMPROVEMENT Ilpadded)-Rev /.83 'See Form 564 for a Proposal and Conlfacl tor Home Improvemenl (padded) (S, 1983 WOLCOTTS. INC
IPnce clas5 4.1P) (ThiS form also available as a 4 pan Quad sel . order WolCOtls Form o64NHIO) or Form 5640 lor a Proposal and Contract lor Home Improvement (4 pan Quad set)
ThiS standard lorm IS Intended lor the tYPical sltuallOns encountered In Ihe held 'ndlcated. However. belore you sign. read rt. IiII In all blanks. and make
whatever changes are appropnate and necessary to your particular IransactlOn Consult a lawyer If you doubt the form's fitness for your purpose and use
EXHIBIT "A"
,Of ....
" ._,_____..J.....__.--;.....:,.",~'"""".,..:~-:.:..
.... ~ - ~:~ ~ :.~ ;
i-.--'~'" ..("....,'!,..:: ;-;.. .:.: ._ "~-..
",:~..~:.~. _.....~,..+.....;.:.-,....
II