HomeMy WebLinkAboutR26-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Amendment No.1 to the Constrnction Contract
with Phillips Construction, Inc., for the
Americans with Disabilities Act ("ADA") Ramps
and Sidewalks Project Phase II - Various
Locations Citywide
DATE: July 22, 2011
Svnonsis of Previous Commission/Council/Committee Actionls):
On May 19, 2011, Redevelopment Committee Members Johoson, Marquez and Brinker unanimously voted to recommend that
the Community Development Commission of the City of San Bernardino ("Commission") award a Construction Contract to
Phillips Construction, Inc. for the Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project Phase II - Various
Locations Citywide.
On June 6, 2011, the Commission approved and authorized the Interim Executive Director of the Redevelopment Agency of the
City of San Bernardino ("Agency") to execute a Construction Contract by and between the Agency and Phillips Construction,
Inc. for the Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project Phase I1- Various Locations Citywide.
On July 21, 20 II, Redevelopment Committee Members Marquez and Brinker unanimously voted to recommend that the
Community Development Commission of the City of San Bernardino ("Commission") execute Amendment No. 1 to the
Construction Contract by and between the Agency and Phillips Construction, Inc. for the Americans with Disabilities Act
("ADA") Ramps and Sidewalks Project Phase II - Various Locations Citywide.
Recommended Motionls):
lCommunity Develonment Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving
and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Amendment No. I to the Construction Contract by and between
the Agency and Phillips Construction, Inc. ("Contractor") for the construction of Americans with
Disabilities Act ("ADA") Ramps and Sidewalks Project Phase II - Various Locations Citywide
(40th Street, South Valle, Northwest Redevelopment Project Areas).
Contact Person(s):
Brian Turnbull
Phone:
(909) 663-1044
Project Area(s):
40th Street, South Valle, Northwest
Ward(s):
3rd, 4th, 6th, 7th
Supporting Data Attached:
o Staff Report 0 Resolution(s) 0 Agreement(s}/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
$9,860
Source:
RDA Funds
Budget Authority:
Bud et
Commission/Council Notes:
P:\Agendas\Comm De\' Commission\CDC 201 ]\08-0].11 Phillips Construction. Inc. - ADA Amendment No. I Phase II SR.doc COMMISSION MEETING AGENDA
Meeting Date: 08/0112011
Agenda Item Number: J2.- 2-(p
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
AMENDMENT NO.1 TO THE CONSTRUCTION CONTRACT WITH PHILLIPS
CONSTRUCTION, INC. FOR THE AMERICANS WITH DISABILITIES ACT ("ADA")
RAMPS AND SIDEWALKS PROJECT PHASE II - VARIOUS LOCATIONS CITYWIDE
BACKGROUND:
On February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009
("ARRA") which provided stimulus funding to a variety of programs for shovel-ready projects. Under
the ARRA, Community Development Block Grant-Recovery Funds ("CDBG-R") were provided to the
City of San Bernardino ("City"). The availability of these funds allowed for the design and
construction of the Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project to be
constructed at various locations Citywide.
On June 1,2009, the Mayor and Common Council of the City of San Bernardino ("Council") approved
the allocation of $451,548 in CDBG-R Funds for the Redevelopment Agency of the City of San
Bernardino ("Agency") to administer and construct a Citywide Handicapped Access Improvements
Project. Phase I of the Project was completed in July, 2010.
Bids for Phase II of the Project were solicited on May 7, 2011, and a bid opening was held on May 16,
2011. PhiIlips Construction, Inc. ("Contractor") was the lowest, responsible bidder. A Construction
Contract ("Contract") in the amount of $270,809 was approved by the Community Development
Commission of the City of San Bernardino ("Commission") on June 6, 2011. Improvements were
constructed in the 3rd, 4th, 6th and 7th Wards, impacting the 40th Street, South Valle and Northwest
Redevelopment Project Areas.
CURRENT ISSUE:
Subsequently, the City's Field Engineering/Inspection Section determined additional work was
necessary to correct deficiencies from past construction. As a result, an amendment to the Contract for
an additional $9,860 is required to complete the additional work. Therefore, staff is recommending an
amendment to the Contract to include these services.
ENVIRONMENTAL IMP ACT:
This project is exempt under California Environmental Quality Act (CEQA) pursuant to Section
15301. A Notice of Exemption was filed on June 6, 2011.
P:\AgendasIComm Dev Commission\CDC 2011\08-01-11 Phillips Construction, Inc. - ADA Amendment No ] Phase II SKdoc
COMMISSION MEETING AGENDA
Meeting Date: 08/0112011
Agenda Item Number:
Economic Development Agency Staff Report
Phillips Construction, Inc. - ADA Amendment No.1 Phase I1
Page 2
FISCAL IMPACT:
The remainder of the CDBG-R Funds were expended on this Project. The $9,860 additional work to
be completed will be paid for by tax increment funds.
RECOMMENDATION:
That the Community Development Commission of the City of San Bernardino adopt the attached
Resolution.
Executive Director
P:\Agendas\Comm Dev CommiSliion\CDC 20] 1\08-01-11 Phillips Construction, Inc. - ADA Amendment No. 1 Phase II SR.doc COMMISSION MEETING AGENDA
Meeting Date: 08/01/2011
Agenda Item Number:
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT
BY AND BETWEEN THE AGENCY AND PHILLIPS CONSTRUCTION,
INC. ("CONTRACTOR") FOR THE CONSTRUCTION OF AMERICANS
WITH DISABILITIES ACT ("ADA") RAMPS AND SIDEWALKS PROJECT
PHASE II - VARIOUS LOCATIONS CITYWIDE (40th STREET, SOUTH
VALLE AND NORTHWEST REDEVELOPMENT PROJECT AREAS)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
community redevelopment agency duly created, established and authorized to transact business and
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exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
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"CRL"), codified under Division 24, Part I of the California Health and Safety Code commencing at
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Section 33000 and is authorized to construct improvements located within the approved
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redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL;
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and
WHEREAS, the Project Areas display substantial and pervasive symptoms of blight that
cannot be remedied by private parties acting alone without community redevelopment assistance;
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and
WHEREAS, on February 17, 2009, Congress passed the American Recovery and
Reinvestment Act of 2009 ("ARRA") which provided Community Development Block Grant-
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Recovery Funds ("CDBG-R") to the City of San Bernardino; and
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WHEREAS, on June I, 2009, the Mayor and Common Council of the City of San
Bernardino ("Council") approved the allocation of $451,548 in CDBG-R Funds for the construction
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of the ADA Ramps and Sidewalks; and
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WHEREAS, the scope of work included construction of ramps, curb cuts and sidewalk to
ensure compliance with the ADA; and
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WHEREAS, bids to construct the ADA Ramps and Sidewalks Project Phase II were
solicited on May 4, 2011 with Phillips Construction, Inc. ("Contractor") as the lowest responsible
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bidder in the amount of $270,809; and
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P:\AgendaslResolutions\Resolutions\2011\OS-OI-11 Phillips Consruction, Inc. ADA Construction Contract Amendment No. I Phase II CDC Reso.doc
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1 WHEREAS, on June 6, 2011, the Agency and the Contractor entered into a Construction
2 Contract ("Contract") for ADA Ramps and Sidewalks Phase II " various locations Citywide and the
3 Agency desires to amend said Contract in the amount of $9,860 for additional work in accordance
4 with the terms and conditions of said contract.
5 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
6 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
7 FOLLOWS:
8
Section 1.
The information set forth in the above recitals of this Resolution is true and
9 correct.
Section 2.
The Commission hereby approves Amendment No. 1 to the Contract by and
11 between the Agency and the Contractor as attached hereto, and incorporated herein by reference.
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Section 3.
The Interim Executive Director ofthe Agency is hereby authorized to execute
13 Amendment No.1 to the Contract on behalf of the Agency in substantially the form attached hereto,
14 together with such changes therein as may be approved by the Interim Executive Director of the
15 Agency, the City Attorney and Agency Counsel. The Interim Executive Director of the Agency or
16 such other designated representative of the Agency is further authorized to do any and all things and
17 take any and all actions as may be deemed necessary or advisable to effectuate the purposes of the
18 Contract, including making non-substantive modifications to the Contract.
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This Resolution shall take effect from and after its date of adoption by this
Section 4.
20 Commission.
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
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P:\Agendas\Resolutions\Resolutions\201I\08-01-11 Phillips Consruction, Inc. ADA Constrnction Contract Amendment No. I Phase II CDC Resodoc
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AMENDMENT NO.1 TO THE CONSTRUCTION CONTRACT
BY AND BETWEEN THE AGENCY AND PHILLIPS CONSTRUCTION,
INC. ("CONTRACTOR") FOR THE CONSTRUCTION OF AMERICANS
WITH DISABILITIES ACT ("ADA") RAMPS AND SIDEWALKS PROJECT
PHASE II - VARIOUS LOCATIONS CITYWIDE (40th STREET, SOUTH
VALLE AND NORTHWEST REDEVELOPMENT PROJECT AREAS)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8
Development Commission of the City of San Bernardino at a
9 thereof, held on the day of
10 Commission Members: Aves
11 MARQUEZ
12 JENKINS
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
21 The foregoing Resolution is hereby approved this
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meeting
,2011, by the following vote to wit:
Navs
Abstain
Absent
Secretary
day of
,2011.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
.
26 Approved as to Form:
27
By:
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~g~~~
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P:\Agendas\Resolutions\ResolutionsI2011\08-01-11 Phillips Consruction, Inc. ADA Construction Contract Amendment NO.1 Phase II CDC Reso.doc
AMENDMENT NO.1
TO THE
PUBLIC WORKS CONSTRUCTION CONTRACT
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AMERICANS WITH DISABILITIES ACT
ACCESS RAMPS AND SIDEWALKS PROJECT PHASE II -
VARIOUS LOCATIONS
SAN BERNARDINO, CA 92401-10
This Amendment No.1 ("Amendment No. I") to the Phillips Construction, Inc. Public Works
Construction Contract ("Contract") is made and entered into as of August 1, 2011, by and between the
Redevelopment Agency of the City of San Bernardino ("Agency"), a public body, corporate and
politic, and Phillips Construction, Inc., a California corporation ("Contractor").
WHEREAS, on June 6, 2011, the Agency and the Contractor entered into a Construction
Contract #2011-30 to construct an ADA Ramps and Sidewalks Project Phase II - various locations
Citywide; and
WHEREAS, the Agency desires to amend said Contract in the amount of $9,860 for additional
work required of the Contractor by the City's Field Engineering Section to correct parking lot grade
elevations on 40th Street in accordance with the terms and conditions ofthe Contract.
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Amend Section 2, "The Work", to read as follows:
A. The Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and
materials (except that specifically mentioned as being furnished by others)
necessary to perform and complete the work in a good and worker like manner as
called for, and in the manner designated in, and in strict conformity with the Project
Construction Plans, Detail Specifications, and other Contract Documents including
the demolition of existing asphalt, removal of sub-soil and add new compacted four
(4) inch road base to correct parking lot grade elevations which are identified by the
signatures of the parties to this Contract and are, collectively, entitled:
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
ADA ACCESS RAMPS AND SIDEWALKS PHASE 11- VARIOUS LOCATIONS
SAN BERNARDINO, CA 92401
2. Amend Section 3, "Contract Price", to read as follows:
-1-
P\Agendas\Agenda Attachments\Agenda Attachmenn\Agrmt!l-Amend 2011\08-01-1] Phillips Construction, Inc.-Amendment No.1 Phase lito Professional Services Contractdoe
A. The Agency agrees to pay and the Contractor agrees to accept, in full payment for
the work above agreed to be done, the following compensation, to-wit: Amounts as
determined by applying the information contained in the Contractor's bid for the
ADA Ramps and Sidewalks Phase II - Various Locations in San Bernardino,
California ("Project"). The amount of this Contract for the Project is Two Hundred
Eighty Thousand Six Hundred Sixty-Nine Dollars ($280,669).
All other terms and conditions of the Contract shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. I to this
Contract to be executed as of the date indicated next to the authorized signatures of the officers of each
of them as appear below.
AGENCY
Dated:
Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form:
By:G.~
Agency Counsel
CONTRACTOR
Phillips Construction, Inc., a California corporation
Dated:
By:
Name:
Title:
Dated:
By:
Name:
Title:
-2-
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