HomeMy WebLinkAboutR29-Economic Development Agency CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY OR1 ( ; AL
FROM: Emil A. Marzullo SUBJECT: Phillips Construction, Inc., Amendment No. 1 to
Interim Executive Director the Construction Contract for the Americans
with Disabilities Act ("ADA") Ramps and
DATE: June 7,2010
Sidewalks Project at various locations citywide
Synopsis of Previous Commission/Council/Committee Action(s):
On April 22, 2010, Redevelopment Committee Members Johnson, 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 American's with Disabilities Act("ADA")Ramps and Sidewalks Project at various locations
citywide.
On May 17, 2010, 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—various locations citywide.
Recommended Motion(s):
(Community Development 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. 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)
Contact Person(s): Brian Turnbull Phone: (909)663-1044
Project Area(s): IVDA Ward(s): 2nd
Supporting Data Attached: 0 Staff Report El Resolution(s) 0 Agreement(s)/Contract(s)❑Map(s) ❑ Letter(s)
FUNDING REQUIREMENTS: Amount: $ $59,680 Source: HUD CDBG-R Funds
Budget Authority: 2009-2010 Budget
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Signature: 4I, ,�
' �� Fiscal Review:
Emil A. Marzullo,In : Director Lori Panzino- tr T"ery,Intl ;'"dm' strative Services
Director
Commission/Council Notes:O n� J _
P.\Agendas\Comm Dev Commission\CDC 2010\06-21-2010 Phillips Construction,Inc.-ADA Amendment No.1 SR doc COMMISSION MEETING AGENDA
Meeting Date: 06/21/2010
Agenda Item Number: A929
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
PHILLIPS CONSTRUCTION, INC. AMENDMENT NO. 1 TO THE CONSTRUCTION
CONTRACT FOR THE AMERICANS WITH DISABILITIES ACT ("ADA") RAMPS AND
SIDEWALKS PROJECT AT 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 American
with Disabilities Act("ADA")Ramps and Sidewalks Project to be constructed at various locations Citywide.
CURRENT ISSUE:
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. Bids were
solicited on March 24, 2010, and a bid opening was held on April 6, 2010. Four (4) bids were received with
Phillips Construction, Inc. ("Contractor") as the lowest, responsible bidder. The Contractor will be required to
comply with Federal Davis-Bacon Prevailing Wage requirements because of the CDBG-R funding source. This
contract represents the first phase of the ADA Ramps and Sidewalks Project. The second phase is currently
under design. The start of construction revealed additional access improvements that were required to
successfully complete the project. This work includes the demolition and reconstruction of street gutters and
street aprons at eight (8) locations to adjust existing street elevations to meet new ADA spandals. As a result,
staff is requesting an additional $59,680 to address this additional work.
ENVIRONMENTAL IMPACT:
No impact under California Environmental Quality Act(CEQA)pursuant to Section 15301.
FISCAL IMPACT:
Account Budgeted Amount: $451,548 Balance as of: June 21, 2010 - $254,517—Balance after award of
Contract.
Balance after approval of this item: $194,837—Balance after Contract Amendment No. 1.
RECOMMENDATION:
That the Community Development Commission of the City of San Bernardino adopt the attached Resolution
and approve the attached Contract Amendment No. 1.
Emil A. MarziwiTiTirMcutive Director
P:\Agendas\Comm Dev Commission\CDC 2010\06-21-2010 Phillips Construction,Inc.-ADA Amendment No.l SR doc
COMMISSION MEETING AGENDA
Meeting Date: 06/21/2010
Agenda Item Number: 4129
1 RESOLUTION NO.
L
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
4 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT
5 BY AND BETWEEN THE AGENCY AND PHILLIPS CONSTRUCTION,
6 INC., FOR THE CONSTRUCTION OF AMERICANS WITH DISABILITIES
ACT ("ADA") RAMPS AND SIDEWALKS PROJECT AT VARIOUS
7 LOCATIONS CITYWIDE (IVDA REDEVELOPMENT PROJECT AREA)
8 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 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
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
1
P:\Agendas\Resolutions\Resolutions\2010\06-21-10 Phillips Consruction,Inc.ADA Construction Contract Amendment No.1 CDC Reso doc
•
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, 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:
14 Section 1. The information set forth in the above recitals of this Resolution is true and
15 correct.
16 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.
18 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.
25 Section 4. This Resolution shall take effect from and after its date of adoption by this
26 Commission.
27 /1/
28 ///
2
P:\Agendas\Resolutions\Resolutions\2010\06-21-10 Phillips Consniction,Inc.ADA Construction Contract Amendment No.1 CDC Reso.doc
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT
4 BY AND BETWEEN THE AGENCY AND PHILLIPS CONSTRUCTION,
INC., FOR THE CONSTRUCTION OF AMERICANS WITH DISABILITIES
5 ACT ("ADA") RAMPS AND SIDEWALKS PROJECT AT VARIOUS
6 LOCATIONS CITYWIDE (IVDA REDEVELOPMENT PROJECT AREA)
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
meeting
9 thereof, held on the day of , 2010, by the following vote to wit:
10 Commission Members: Ayes Nays Abstain Absent
11 MARQUEZ
DESJARDINS
12
13 BRINKER
14 SHORETT
15 KELLEY
JOHNSON
16
MC CAMMACK
17
18
19 Secretary
20
21 The foregoing Resolution is hereby approved this day of 2010.
22
23 Patrick J. Morris, Chairperson
24 Community Development Commission
of the City of San Bernardino
25 Approved as to Form:
26
27 By:_�
Agency o sel
28
3
P:\Agendas\Resolutionsaesolutions\2010\06-21-10 Phillips Consruction,Inc.ADA Construction Contract Amendment No.I CDC Reso doc
EXHIBIT "A"
LOCATION LIST
PLANS & SPECIAL PROVISIONS NO. 12594
ADA ACCESS RAMPS AND SIDEWALK
AT 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
r
SP-57
LOCATION LIST
(CONTINUED)
PLANS & SPECIAL PROVISIONS NO. 12594
ADA ACCESS 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 ) @ NEC and SEC of Alley
"G" STREET and 21ST STREET
( 4 ) @ NWC, SWC, NEC and SEC
SP-58
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 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 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
P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\06-21-10 Phillips Construction,Inc-Amendment No I to Professional Services Contract.doe
'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: 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: V - -A
Timothy J. Sa l . Agency Counsel
COONTRACTOR
Phillips Construction, Inc., a California corporation
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
P:\Agendas agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\06-21-10 Phillips Construction,Inc.-Amendment No.1 to Professional Services Contract doe
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 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 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
P\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\06.21-10 Phillips Construction,Inc.-Amendment No l to Professional Services Contract doc
`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: 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:
Timothy J. Sab Agency Counsel
COONTRACTOR
Phillips Construction, Inc., a California corporation
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\06-21-10 Phillips Construction,Inc-Amendment No.I to Professional Services Contract doc
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. Constriction 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"). p
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 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 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
P:\Agendas\Agenda Attachmentss Benda Attachments\Agrmts-Amend 2010\06-21-10 Phillips Construction,Inc-Amendment No I to Professional Services Contract doc
`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: 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: (
Timothy J. Sab Agency Counsel
COONTRACTOR
Phillips Construction, Inc., a California corporation
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
-2-
P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\06-21-10 Phillips Construction,Inc.-Amendment No.1 to Professional Services Contract doc