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HomeMy WebLinkAboutCDC/2010-27 1 2 3 4 5 6 7 8 RESOLUTION NO. CDC/2010-27 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 A PUBLIC WORKS CONSTRUCTION CONTRACT BY AND BETWEEN THE AGENCY AND PHILLIPS CONSTRUCTION, INC., FOR THE CONSTRUCTION OF AMERICAN'S WITH DISABILITIES ACT ("ADA") RAMPS AND SIDEWALKS PROJECT AT VARIOUS LOCATIONS CITYWIDE - PHASE I (IVDA REDEVELOPMENT PROJECT AREA) WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 9 community redevelopment agency duly created, established and authorized to transact business and 10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing at 12 Section 33000 and is authorized to construct improvements located within the approved 13 redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL; 14 and 15 WHEREAS, the Community Development Commission of the City of San Bernardino (the 16 "Commission"), as the governing board of the Agency, seeks to enter into a Public Works 17 Construction Contract ("Contract") with Phillips Construction, Inc. ("Contractor"), to construct the 18 American's with Disabilities Act ("ADA") Ramps and Sidewalks located on "G" Street (see list of 19 locations attached hereto as Exhibit "A"), San Bernardino, in the Inland V alley Development 20 Agency Redevelopment Project Area ("IVDA"); and 21 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that 22 cannot be remedied by private parties acting alone without community redevelopment assistance; 23 and 24 WHEREAS, on February 17, 2009, Congress passed the American Recovery and 25 Reinvestment Act of 2009 ("ARRA") which provided Community Development Block Grant- 26 Recovery Funds ("CDBG-R") to the City of San Bernardino; and 27 WHEREAS, on June 1, 2009, the Mayor and Common Council of the City of San 28 Bernardino ("Council") approved the allocation of $451 ,548 in CDBG-R Funds for the construction P\Agendas\Resolutions\Resolutions\20 I 0\05-17-1 0 Phillips Consruction - ADA Construction Contract (DC Reso.doc CDC/2010-27 1 of the ADA Ramps and Sidewalks; and 2 WHEREAS, the scope of work will include construction of ramps, curb cuts and sidewalk to 3 ensure compliance with the ADA; and 4 WHEREAS, bids to construct the ADA Ramps and Sidewalks Project were solicited on 5 March 24,2010, and four (4) bids were received on April 6, 2010, with the Contractor, as the lowest 6 responsible bidder in the amount of $197,131; and 7 WHEREAS, a bid protest was received from Quality Construction with the recommendation 8 of Agency Counsel and the City Engineering Design Division to reject said bid protest. 9 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 10 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 11 FOLLOWS: 12 Section 1. The information set forth in the above recitals of this Resolution is true and 13 correct. 14 Section 2. The Commission hereby rejects the bid protest as submitted by Quality 15 Construction on the basis of the facts as presented in the Staff Report and the Recitals. The 16 Commission hereby awards the publicly bid contract to the Contractor as the lowest responsible 17 bidder and approves the Contract between the Agency and the Contractor attached hereto, 18 incorporated herein by reference, and waives any irregularities in the bid as submitted by the 19 Contractor as permitted by the bid documents. 20 Section 3. The Interim Executive Director of the Agency is hereby authorized to execute 21 the Contract on behalf of the Agency in substantially the form attached hereto as Exhibit "8", 22 together with such changes therein as may be approved by the Interim Executive Director of the 23 Agency and Agency Counsel. The Interim Executive Director of the Agency or such other 24 designated representative of the Agency is further authorized to do any and all things and take any 25 and all actions as may be deemed necessary or advisable to effectuate the purposes of the Contract, 26 including making non-substantive modifications to the Contract. 27 Section 4. This Resolution shall take effect from and at1er its date of adoption by this 28 Commission. 2 P:\Agendas\Resolutions\ResolutlOlls\20 1 O\05-17~ I 0 Phillips Consructloll - ADA Construction Contract CDC Rcsodoc CDC/2010-27 5 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 A PUBLIC WORKS CONSTRUCTION CONTRACT BY AND BETWEEN THE AGENCY AND PHILLIPS CONSTRUCTION, INC., FOR THE CONSTRUCTION OF AMERICAN'S WITH DISABILITIES ACT ("ADA") RAMPS AND SIDEWALKS PROJECT AT VARIOUS LOCATIONS CITYWIDE - PHASE I (IVDA REDEVELOPMENT PROJECT AREA) 1 2 3 4 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a j oint regular meeting 9 thereof, held on the 17th day of May Ayes , 20 I 0, by the following vote to wit: 10 Commission Members: 11 MARQUEZ 12 DESJARDINS 13 BRINKER SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 Nays Abstain Absent x x x X X X X ~.-.-""" ~. ..~ ) , Y' _..' '::... ,,,' ,,/ Secretary 20 21 The foregoing Resolution is hereby approved this ItjOlday of~.ill'_____.__' 2010. 22 23 24 ~ J. Morris, C . [person nity Development Commission of the City of San Bernardino 25 Approved as to Form: 26 27 By \.~~ Ii Agency COl.igsel 28 \, 3 P\Agendas\Resolutiolls\Resolutions\20 1 0\05-] 7-1 0 Phillips Consruction - ADA Construction Contract CDC Reso.doc EXHIBIT itA" PHILLIPS CONSTRUCTION ADA Access Ramps and Sidewalks at various locations (55-B) 2007/08-2 . "G" Street and Virginia Street (2) @ NWC and SWC . "G" Street and Virginia Circle (2) @ NEC and SEC . "G" Street and 14th Street (2) @ N EC and SEC . "G" Street and Magnolia Avenue (4) @ NWC, SWC, NEC and SEC . "G" Street and Evans Street (4) @ NWC, SWC, NEC and SEC . "G" Street and 16th Street (4) @ NWC, SWC, NEC and SEC . "G" Street and 1 ih Street (2) @ NWC and SWC . "G" Street and 18th Street (2) @ NWC and SWC . "G" Street and 19th Street (1) @ SWC . "G" Street and Campus Way (2) @ NWC and SWC . "G" Street and 20th Street (2) @ NWC and SWC; (2) @ N EC and SEC of Alley . "G" Street and 21st Street (4) @ NWC, SWC, NEC and SEC P:\Agendas\Agenda Attachments\Exhibits\2010\05-17-10 Phillips Construction ADA Ramps & Sidewalks Contract Attmt.doc.docx EXHIBIT "B" · 00-52-13 . 00-61-13 . 00-61-13.1 · 00-62-16 . 00-73-16 . 00-63-63 . 00-73-46 CONTRACT DOCUMENTS AMERICAN'S WITH DISABILITIES ACT ("ADA") ACCESS RAMPS AND SIDEWALKS VARIOUS LOCATIONS SAN BERNARDINO, CA Public Works Construction Contract Form of Performance Bond Form of Labor and Material Bond Certification of Insurance Coverage Licenses & Insurances Requirements Contract Change Order Form Federal Davis-Bacon Wage Determinations