HomeMy WebLinkAbout1988-057
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RESOLUTION OF THE CITY OF SA1~ BERNARDINO AWARDING A CONTRACT
2 TO L. KELLY DEMOLITION FOR DEMOLITION AND CLEARANCE OF THE
RESIDENTIAL STRUCTURE LOCATED AT 1094 SOUTH LINCOLN AVENUE, SAN
3 BERNARDINO, CALIFORNIA.
RESOLUTION NUMBER
88-57
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7 bidder for demolition and clearance of the residential property
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
L. Kelly Demolition is the lowest responsible
located 1094 South Lincoln Avenue, San Bernardino, for the total
9 amount of $3,000.00. A contract is awarded to said bidder
10 accordingly, but such award shall be effective only upon the
11 contract being fully executed by the parties. All other bids
12 therefore are hereby rejected, and the Mayor is hereby authorized
13 and directed to execute said contract on behalf of the City, a
14 copy of the contract is attached hereto, marked Exhibit "1" and
15 incorporated herein by reference as though fully set forth at
16 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
28 wit:
March
, 1988, by the following vote, to
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of
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AYES:
NAYES:
ABSEN'l' :
~~~;:?/?/~b~/
/ City Clerk
Councilpersons
Minor. Pope-Ludlam
Estrada, Flores, Maudsley,
None
Council Members Reilly. Pone-Ludlam
The foregoing resolution is hereby approved this ?CtL day
March
, 1988.
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A~B~~M~H~
CDBG DEMOLITION PROGRAM - FY 1987/1988
THIS AGREEMENT is entered into effective as of
February 15 , 1988, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and L. KELLEY DEMOLITION
Incorporated, hereinafter referred to as "Subrecipient".
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has submitted a bid in response to
competitive procurement procedures for demolition services
issued by the City Community Development Department. Funds are
available to City through the Community Development Block Grant
Program from the united States of America to city.
(b) Subrecipient represents that the expenditures
authorized by this agreement are for valid and eligible
community development purposes, as defined in CFR 570 in
accordance with Federal law and regulations, and that all funds
granted under this agreement will be used for no purpose other
than those purposes specifically authorized. The specific
purposes and scope of services of this particular agreement are
the demolition of the structure located at
1094 SOUTH LINCOLN , San Bernardino,
California.
2. Payments. City shall reimburse Subrecipient for allow-
able costs incurred under the scope of this agreement and
applicable Federal regulations, which have not been paid for or
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EXHIBIT "1"
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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 $3,000.00
3. Term. This agreement shall commence 2/15/88 and
terminate 4/1/88
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
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understood that the total amount of the agreement shall not be
varied thereby.
Cd) 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: Monitorina and Reoort-
ina proaram 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 "0" to Office of Management
and Budget Circular No. A-102, "Procurement Standards". In
addition to the specific requirements of Attachment "0" to
Circular No. A-102, 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
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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 Emolovment
Oooortunity. 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
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$10,000.00 entered into by Subrecipient using funds provided
under this agreement shall contain a provision requiring
compliance with Equal Employment Opportunity provisions
established by Executive Order #11246 as amended.
8. Prevailing Waae Requirement. Any construction
contracts awarded by Subrecipient using funds provided under
this agreement in excess of $2,000.00 shall include a provision
for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
7) and as supplemented by Department of Labor Regulations
(29CFR). Under this Act, contractors shall be required to pay
wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall be required
to pay wages not less often than once a week. Subrecipient
shall place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation and the
award of a contract shall be conditioned upon the acceptance of
the wage determination. Subrecipient shall report all suspected
or reported violations to city.
9. Temoorarv Withholdina. The Director of the community
Development of the City of San Bernardino is authorized to
temporarily withhold the payment of funds to Subrecipient when
the Director determines that any violation of this agreement has
occurred. Funds shall be withheld until the violation is
corrected to the satisfaction of the Director. Subrecipient
shall have the right to appeal the decision of the Director to
the Mayor and Common Council. The sole grounds for such appeal
shall be that no violation of the agreement has occurred.
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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,
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including reasons for the determination, shall promptly be
mailed to the Subrecipient, together with information as to the
effective date of the termination. Such notice may be given
orally at that hearing. The determination of the Mayor and
Common Council as to cause shall be final.
12. Termination for Convenience. City or Subrecipient may
terminate this agreement in whole or in part provided both
parties agree that the continuation of the project would not
produce beneficial results commensurate with further expenditure
of funds. In such event, the parties shall agree upon the
termination conditions, including the effective date and, in the
case of partial terminations, the portion to be terminated. The
Subrecipient shall not incur new obligations for the terminated
portion after the effective date and shall cancel as many
outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non
cancellable obligations properly incurred by the Subrecipient
prior to termination.
13. Hold Harmless. Subrecipient agrees to indemnify and
save harmless the City and its employees and agents from all
liabilities and charges, expenses (including counsel fees),
suits or losses, however occurring, or damages, arising or
growing out of the use of or receipt of funds paid under this
agreement and all operations under this agreement. Payments
under this agreement are made with the understanding that the
City is not involved in the performance of services or other
activities of the Subrecipient. Subrecipient and its employees
and agents are independent contractors and not employees or
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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. Assignment. 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
L. Kelly Demolition
6041 42nd Street
Rubidoux, CA 92509
17. Entire Aqreement. This agreement and any document or
instrument attached hereto or referred to herein integrates all
terms and conditions mentioned herein or incidental hereto, and
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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
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1 agreement shall prevail.
2 IN WITNESS WHEREOF, the parties hereto have executed this
3 agreement on the day and year first hereinabove written.
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ATTEST:
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2-2-88 9
/1
CITY/OF SAN BERNARDINO
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BY WZ/vv~<{/V--'{/t/ ~e~Y
Mayor, of tne City of
San Bernardino
SUBRECIPIENT: ~
BY:~A.d1
resJ.dent
BY:
Secretary
l
,.
PROPOSAL AND CONTRACT
(NOT FOR HOME IMPROVEMENT)*
,
\"
(hereinafter' 'Contractor
propose(s) to furnish all materials and ertorm all labor necessary to complete the following [Insert a description of the work to be done and a descnption of the materials to
be used and the equipment to be used or installed. and state the address of the job site.]
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tantial and workmanlike manner according to standard practices for the sum of
Dollars ($
!M~ -P ,
:3 I ~ ,. u..-o
"'",'''' ",m,," '"'" " ..d, " "~ ~
to the value of
per cent (_ %) 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 written order for same. signed by Owner and Contractor. and if there is any charge for such alteration or deviation. 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
<;<~ (,!~P~f,j~~:-
By -~ 1A1.1.... I --^- J - J (f
G 0 Co/- I _ Lf Zjtur~ <S-t,
~ '9>':2"3-09 I (p F1:--1Il dJ
CIty /) Sl e ZI" Telephone No
~')6q:s~O
Contractor s Stale LIcense No
Name and Registration No of any Salesperson who soliCited or negotiated thiS
contrft...n, L I./'
Name-ff(~..t.M ~ d tit 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:
IOwner 5 SIgnature)
iDatei
CIty
Slate
lip
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
BUSiness Address
)
BUSiness Phone No
WOLCOTTS FORM 564NHI- PROPOSAL ANO CONTRACT INOT FOR HOME IMPROVEMENT) IpaOOedl-Rev 7.83 oSee Form 564 lor a Proposal anO Contract lor Home Improv.m.nllpadd.dl @1983 WOLCOTTS. INC
IPnc. clas; 4.1P) (ThIS lorm also av.,laDI. as a 4 pa~ QuaO sel . order wOlcons Form 564NHIOI or Form 5&40 for a Proposal and Contract for Hom. Improv.m.nt (4 pa~ QuaO sef)
ThIS standard form IS Intended for the tYPical sltuallons encountered In the held Indicated However. before you sign. read It, fill tn all blanks. and make
whalever changes are approprIate and necessary to your particular transaCllon Consult a lawyer It you doubt lhe lorm's fitness lor your purpose and use
EXHIRI.T "A"
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