HomeMy WebLinkAboutCDC/2010-32
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RESOLUTION NO. CDC/2010-32
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., FOR THE CONSTRUCTION OF AMERICANS WITH DISABILITIES
ACT ("ADA") RAMPS AND SIDEWALKS PROJECT AT VARIOUS
LOCA TIONS CITYWIDE (IVDA REDEVELOPMENT PROJECT AREA)
9 community redevelopment agency duly created, established and authorized to transact business and
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
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
14 and
13 redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL;
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 Construction Contract
17 ("Contract") with Phillips Construction, Inc. ("Contractor"), to construct the Americans with
18 Disabilities Act ("ADA") Ramps and Sidewalks located on "G" Street (see list of locations attached
19 hereto as Exhibit "A"), San Bernardino, in the Inland Valley Development Agency ("IVDA")
20 Redevelopment Project Area ("Project Area"); and
21 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that
23 and
22 cannot be remedied by private parties acting alone without community redevelopment assistance;
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
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CDC/2010-32
1 ofthe 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, on May 17, 2010, the Agency and the Contractor entered into a construction
8 contract for ADA Ramps and Sidewalks at various locations citywide and the Agency desires to
9 amend said contract in the amount of $59,680 for additional work in accordance with the terms and
10 conditions of said contract.
11 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
12 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
13 FOLLOWS:
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Section 1.
The information set forth in the above recitals of this Resolution is true and
15 correct.
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Section 2.
The Commission hereby approves Amendment No.1 to the Contract by and
17 between the Agency and the Contractor as attached hereto, and incorporated herein by reference.
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Section 3.
The Interim Executive Director of the Agency is hereby authorized to execute
19 Amendment No.1 to the Contract on behalf of the Agency in substantially the form attached hereto,
20 together with such changes therein as may be approved by the Interim Executive Director of the
21 Agency and Agency Counsel. The Interim Executive Director of the Agency or such other
22 designated representative of the Agency is further authorized to do any and all things and take any
23 and all actions as may be deemed necessary or advisable to effectuate the purposes of the Contract,
24 including making non-substantive modifications to the Contract.
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Section 4.
This Resolution shall take effect from and after its date of adoption by this
26 Commission.
27 III
28 III
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CDC/2010-32
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., FOR THE CONSTRUCTION OF AMERICANS WITH DISABILITIES
ACT ("ADA") RAMPS AND SIDEWALKS PROJECT AT VARIOUS
LOCATIONS CITYWIDE (IVDA REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a joint regular
, 20 10, by the following vote to wit:
9 thereof, held on the 21 s t day of June
10 Commission Members: Ayes Nays
11 MARQUEZ X
12 DESJARDINS X
13 BRINKER X
SHORETT ~
14
KELLEY X
15
JOHNSON X
16 -
MC CAMMACK
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The foregoing Resolution is hereby approved this 22nd day of June
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meeting
Abstain
Absent
X
~
Secretary
,2010.
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Approved as to Form:
26
27 By: ~~, AI! J
'- Agent? dl~
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CDC/2010-32
EXHIBIT "A"
CDC/2010-32
LOCATION LIST
PLANS & SPECIAL PROVISIONS NO. 12594
ADA ACCESS RAMPS AND SIDEWALK
A T VARIOUS LOCATIONS
(SS-B 2007/08 -2)
SHEET 2 of PLANS:
"G" STREET and VIRGINIA STREET
( 2 ) @ NWC and SWC
"G" STREET and VIRGINIA CIRCLE
( 2 ) @ NEC and SEC
"G" STREET and 14TH STREET
( 2 ) @ NEC 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 17TH STREET
( 2 ) @ NWC and SWC
SP-57
CDC/2010-32
LOCATION LIST
( CONTINUED)
PLANS & SPECIAL PROVISIONS NO. 12594
ADAACCESS RAMPS AND SIDEWALK
AT VARIOUS LOCATIONS
(SS-B 2007/08 -2)
SHEET 3 of PLANS:
"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 ) @ NEe and SEe of Alley
"G" STREET and 21ST STREET
( 4 ) @ NWC, SWC, NEC and SEC
SP-58
CDC/2010-32
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AMENDMENT NO.1 TO THE PHILLIPS CONSTRUCTION, INC.
CONSTRUCTION CONTRACT FOR AMERICANS WITH DISABILITIES ACT ("ADA")
RAMPS AND SIDEWALKS PROJECT AT VARIOUS LOCATIONS CITYWIDE
This Amendment No. 1 to the Phillips Construction, Inc. Construction Contract (this
"Contract") is made and entered into as of June 21, 2010, by and between the Redevelopment Agency
of the City of San Bernardino (the "Agency"), a public body, corporate and politic, and Phillips
Construction, Inc., a California corporation (the "Contractor").
WHEREAS, on May 17, 2010, the Agency and the Contractor entered into a Construction
Contract #2010-27 to construct an ADA Ramps and Sidewalks Project at various locations citywide;
and
WHEREAS, the Agency desires to amend said Contract in the amount of $59,680 for
additional work caused by unforeseen circumstances at eight (8) of the twelve (12) ramp and sidewalk
sites in accordance with the terms and conditions of the Contract.
NOW, THEREFORE, IN CONSIDERA TION 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 and reconstruction of street gutters and street aprons at eight (8)
locations to adjust existing street elevations to meet new ADA spandals 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
VARIOUS LOCATIONS
SAN BERNARDINO, CA 92404
2. Amend Section 3, "Contract Price", to read as follows:
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
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CDC/2010-32
'ADA Ramps and Sidewalks Various Locations in San Bernardino CA' (the
"Project"). The amount of this Contract for the Project is Two Hundred Fifty Six
Thousand Eight Hundred Eleven Dollars ($256,811).
All other terms and conditions of the Contract shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 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:
., (./1'1.
/ l " f C
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:
COONTRACTOR
Phillips Construction, Inc., a California corporation
Dated: 8> -~l.-tO
By ~J fl;df^>
Name: 5NJJ P~~ILL[P5
Title: Y e;;...s (C) (~;J(
Dated:
By:
Name:
Title:
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