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Home My WebLink AboutCDC/2011-53 1 2 3 4 5 6 7 8 9 15 16 RESOLUTION NO. r.nr./:>011-')1 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 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; 17 18 19 and WHEREAS, on February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009 ("ARRA") which provided Community Development Block Grant- 20 Recovery Funds ("CDBG-R") to the City of San Bernardino; and 21 22 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 23 of the ADA Ramps and Sidewalks; and 24 25 WHEREAS, the scope of work included construction of ramps, curb cuts and sidewalk to ensure compliance with the ADA; and 26 27 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 28 bidder in the amount of $270,809; and 1 P:\AgendasIResolutionslResolutions\2011108-01-11 Phillips Consruclion, Inc. ADA Construction Contract Amendment NO.1 Phase II CDC Reso.doc CDc/2011-53 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. 10 Section 2. The Commission hereby approves Amendment No. I to the Contract by and 11 between the Agency and the Contractor as attached hereto, and incorporated herein by reference. 12 Section 3. The Interim Executive Director of the Agency is hereby authorized to execute 13 Amendment No. I 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. 19 Section 4. This Resolution shall take effect from and after its date of adoption by this 20 Commission. 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 2 P:lAgendas\Resolutions\Resolutions\201I\08-01-11 Phillips Consruction, Inc. ADA Construction Contract Amendment No I Phase II CDC Reso.doc 1 2 3 4 5 6 7 CDCj2011-53 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 ofthe City of San Bernardino at a joint regular 9 thereof, held on the 1st day of August 10 Commission Members: Aves Nays 11 MARQUEZ -1L 12 JENKINS -1L 13 BRINKER -1L 14 SHORETT ~ 15 KELLEY ---X- 16 JOHNSON X - 17 MC CAMMACK X 18 19 20 meeting ,2011, by the following vote to wit: Abstain Absent ~ Secretary 21 The foregoing Resolution is hereby approved this d("J( day of August 22 23 24 25 26 Approved as to Form: 27 By: 28 ~g'e~~ , 2011. atric . Morris, C . rson unity Development Commission of the City of San Bernardino 3 P:lAgendaslResolulions\Resolutions\2011\08-01-1 J Phillips Consruction, Inc. ADA Construction Contract Amendment No. J Phase II CDC Resodoc CDC/2011-53 AMENDMENT NO.1 TO THE PUBLIC WORKS CONSTRUCTION CONTRACT REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AMERICANS WITH DISABILITIES ACT ACCESS RAMPS AND SInEW ALKS PROJECT PHASE II - VARIOUS LOCATIONS SAN BERNARDINO, CA 92401-10 This Amendment No. I ("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 of the 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: I. 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 SInEW ALKS PHASE II - VARIOUS LOCATIONS SAN BERNARDINO, CA 92401 2. Amend Section 3, "Contract Price", to read as follows: -1- P:\Agcndas\Agenda AttachmentslAgenda Attachments\Agrmts-Amend 20\ 1\08-01-1 \ Phillips Construction, Inc._Amendment No \ Phase 11 to Professional Services Contract,doc CDC/2011-53 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. 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. Dated: Phf/;/ AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: ~. I!' / Emil A. Marzullo, Interim Executive Director Approved as to Form: By: ;: ~:~ctL" W\ AgenYy Counsel 11(0' LUfP'-" , CONTRACTOR Phillips Construction, Inc., a California corporation Dated: 8-16-11 By: ::::;4 ,o~pQJ Name: S-y,ArtJ P#L.Lt-~ Title: P;?g~ J:>e/-/ r Dated: By: Name: Title: -2- P:\Agendas\Agenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011\08-01-11 Phillips Constmct;on, 1r'lC._Amendment No.1 Phase I[ to Professional Services Contract doc