HomeMy WebLinkAbout26- Community Develpment CITir OF SAN BERNARD1643 — REQUE oT FOR COUNCIL AC'. .ON
From: KENNETH J. HENDERSON, DIRECT0T2' � lbj�bt: AWARD OF CONTRACT - DEMOLITION
OF SAN BERNARDINO CHAMBER OF
Dept: COMMUNITY DEVELOPMENT (- , COMMERCE PARKING LOT - 546
WEST 6TH STREET, SAN BERNAR-
Date: February 3 , 1988 DINO, CALIFORNIA
Synopsis of Previous Council action:
On December 21, 1987, the Mayor and Common Council authorized staff to
advertise for bids for demolition and clearance of the San Bernardino
Area Chamber of Commerce parking lot located at 546 West 6th Street, San
Bernardino, California.
Recommended motion:
ADOPT RESOLUTION
Signature
Contact person: Ken Henderson/Lisa Dickey Phone: 5065
Supporting data attached: Staff Report Ward:
FUNDING REQUIREMENTS: Amount: $2 , 180. 00 _
Source: (ACCT. N0.) 121-544-57553
(ACCT. DESCRIPTION) CDBG DEMOLITION
Finance: 4ea!1�4-�_
Council Notes:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On December 3 , 1987 , the Community Development Citizen Advisory
Committee considered a request for demolition and clearance grant
assistance submitted by San Bernardino Area Chamber of Commerce. The
request for $5, 000 in grant assistance is to be supplemented by $30, 000
Chamber members will contribute to construct a parking lot immediately
west of the existing building. After discussion, the Committee approved
the request for demolition and clearance grant assistance in an amount
not to exceed $5, 000 (under current policy the CDCAC can approve
requests for demolition assistance less than $5, 000) .
When the procedures for bidding the project and selecting the lowest
reasonable bid came before Council, the City Attorney advised that only
the Mayor and Common Council could authorize the advertisement for bids
and select the lowest reasonable bidder.
On December 21, 1987, the Mayor and Common Council authorized staff to
advertise for demolition and clearance of the above referenced site.
Bids for this projects were opened at 4 : 00 p.m. , Wednesday January 20,
1988, which are set forth below by name and bid amount: amounts
Larry Jacinto Construction: $2, 180. 00
Harber Company: $2 , 490. 00
L. Kelly Demolition: $3 , 400. 00
(Original bid of $1,980 submitted by Larry Jacinto Construction was
adjusted to include permits and fees. )
Based on the above, staff recommends award of the demolition contract
for the San Bernardino Area Chamber of Commerce parking lot located at
546 West 6th Street, be awarded to Larry Jacinto Construction, in the
amount of $2 , 180. 00. If accepted by the Mayor and Common Council,
adoption of the attached resolution would be in order.
G,
Kenneth J. Henderson
Director of Community Development
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2-3-88
RESOLUTION NUMBER _
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT
2 TO LARRY JACINTO CONSTRUCTION FOR DEMOLITION AND CLEARANCE OF THE
SAN BERNARDINO AREA CHAMBER OF COMMERCE PARKING LOT LOCATED AT
3 546 WEST SIXTH STREET, SAN BERNARDINO, CALIFORNIA.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
6 SECTION 1. Larry Jacinto Construction is the lowest
7 responsible bidder for demolition and clearance of the San
8 Bernardino Area Chamber of Commerce Parking Lot located 546 West
9 Sixth Street, San Bernardino, for the total amount of $2, 180.00.
10 A contract is awarded to said bidder accordingly, but such award
11 shall be effective only upon the contract being fully executed by
12 the parties. All other bids therefore are hereby rejected, and
13 the Mayor is hereby authorized and directed to execute said
14 contract on behalf of the City, a copy of the contract is
15 attached hereto, marked Exhibit 111" and incorporated herein by
16 reference as though fully set forth at length.
17 SECTION 2 . Execution and Amendments. This contract and any
18 amendments or modifications thereto shall not take effect or
19 become operative until fully signed and executed by the parties
20 and no party shall be obligated hereunder until the time of such
21 full execution. No oral agreements, amendments, modifications or
22 waivers are intended or authorized and shall not be implied from
23 any act or course of conduct of any party.
24 I HEREBY CERTIFY that the foregoing resolution was duly
25 adopted by the Mayor and Common Council of the City of San
26 Bernardino at a meeting thereof, held on the
27 day of 1988, by the following vote, to
28 wit:
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• Reso-546 I4 6th Stree
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2 AYES: Councilpersons
3 --
4 NAYES: _
5 ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this day
10
of , 1988.
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13 Mayor, City of San Bernardino
14 Approved as to legal form
and content:
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City Attorney
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1 A G R E E M E N T
2 CDBG DEMOLITION PROGRAM - FY 1987/1988
3 THIS AGREEMENT is entered into effective as of
4 March 7 , 1988, at San Bernardino, California,
5 between the CITY OF SAN BERNARDINO, a municipal corporation,
6 referred to as "City" , and LARRY JACINTO CONSTRUCTION
7 ,
8 Incorporated, hereinafter referred to as "Subrecipient" .
9 City and Subrecipient agree as follows:
10 1. Recitals.
11 (a) Subrecipient has submitted a bid in response to
12 competitive procurement procedures for demolition services
13 issued by the City Community Development Department. Funds are
14 available to City through the Community Development Block Grant
15 Program from the United States of America to City.
16 (b) Subrecipient represents that the expenditures
17 authorized by this agreement are for valid and eligible
18 community development purposes, as defined in CFR 570 in
19 accordance with Federal law and regulations, and that all funds
20 granted under this agreement will be used for no purpose other
21 than those purposes specifically authorized. The specific
22 Purposes and scope of services of this particular agreement are
23 the demolition of the structure located at
24 546 WEST SIXTH STREET , San Bernardino,
25 California.
26 2 . Payments. City shall reimburse Subrecipient for allow-
27 able costs incurred under the scope of this agreement and
28 applicable Federal regulations, which have not been paid for or
2-2-88 1
1
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1 reimbursed in any other manner by any other Agency or private
2
source of funding. Reimbursement will be made upon the
3 acceptance of the work completed by the Director of Community
4 Development, with the total of all such reimbursements .not to
5
exceed $ 2,180.00
6 3 . Term. This agreement shall commence 3/7/88 and
7
terminate 3/7/83
8
4 . Use of of FundsfBudget.
9
(a) The funds paid to Subrecipient shall be used by it
10
solely for the purposes set forth in Paragraph 1(b) of this
11
agreement, and in accordance with the bid submitted by
12
Subrecipient to the City of San Bernardino Community Development
13 Department, a copy of which is attached to this agreement as
14
Exhibit "A" . The bid shall list all sources of funding for the
15
program covered by this agreement, whether from State, Federal,
16
local or private sources, and shall identify which sources are
17
paying for which specific portions of the program, by line-item,
18 to the extent practicable.
19
(b) Funds shall be used for purposes authorized by the
20
Community Development Block Grant Program only, and no portion
21
of the funds granted hereby shall be used for any purpose not
22
specifically authorized by this agreement.
23
(c) A variation in the itemization of costs, as set
24
forth in the bid submitted to City, not to exceed ten percent
25
(10%) as to any particular line item, shall be allowed, provided
26
that the prior written approval of the Director of Community
27
Development of the City of San Bernardino is obtained, it being
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2-2-88 2
1 understood that the total amount of the agreement shall not be
2 varied thereby.
3 (d) The parties intend that the funds be utilized
4 within the time period covered by this agreement, and
5 entitlement to any funds not expended or obligated shall revert
6 to the City. No reserve for the future shall be established with
7 the funds except as may be authorized to meet commitments made
8 for services provided during the period of this agreement, but
g not yet paid for at the conclusion of this agreement.
10 5. Services Available to Residents; Monitoring and Report-
11 ing Program Performance. The services of Subrecipient shall be
12 made available to residents and inhabitants of the City of San
13 Bernardino unless otherwise noted in Exhibit "A" . No person
14 shall be denied service because of race, color, national origin,
15 creed, sex, marital status, or physical handicap. Subrecipient
16 shall comply with Affirmative Action guidelines in its
17 employment practices.
18 6. Procurement Practices; Conflict of Interest
19 Subrecipient shall comply with procurement procedures and
20 guidelines established by Attachment "O" to Office of Management i
21 and Budget Circular No. A-102 , "Procurement Standards" . In
22 addition to the specific requirements of Attachment "O" to
23 Circular No. A-102 , Subrecipient shall maintain a code or
24 standards of conduct which shall govern the performance of its
25 officers, employees or agents in contracting with and expending
26 the federal grant funds made available to Subrecipient under
27 this agreement. Subrecipient' s officers, employees or agents
28 shall neither solicit nor accept gratuities, favors, or anything
2-2-88 3
1 of monetary value from contractors or potential contractors. To
2 the extent permissable by State law rules, and regulations, the
3 standards adopted by Subrecipient shall provide for penalties,
4 sanctions or other disciplinary actions to be applied for
5 violations of such standards by either the Subrecipient's
6
officers, employees or agents, or by contractors or their
7 agents. All procurement transactions without regard to dollar
8
value shall be conducted in a manner so as to provide maximum
9
open and free competition. The Subrecipient shall be alert to
10 organizational conflicts of interest or non-competitive
11
practices among contractors which may restrict or eliminate
12 competition or otherwise restrain trade. Subrecipient agrees to
13
adhere to conflict of interest provisions set forth in 24 CFR
14 Section 570. 611 and to the procurement rules specified in Office
15 of Management and Budget Circular No. A 102 Attachment 110" in
16
its expenditure of all funds received under this agreement.
17 7 . Anti Kick Back Provisions; Eaual Employment
18
Opportunity. All contracts for construction or repair using
19 funds provided under this agreement shall include a provision
20 for compliance with the Copeland "Anti-Kick Back" Act (18 -U.S.C.
21
874) as supplemented in Department of Labor Regulations (29 CFR,
22 Part 3) . This act provides that each contractor or subgrantee
23
shall be prohibited from inducing, by any means, any person
24
employed in the construction, completion or repair of public
25
work, to give up any part of the compensation to which he is
26
otherwise entitled. Subrecipient shall report all suspected or
27
reported violations to City. All contracts in excess of
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1 $10, 000. 00 entered into by Subrecipient using funds provided
2 under this agreement shall contain a provision requiring
3 compliance with Equal Employment Opportunity provisions
4 established by Executive Order #11246 as amended.
5 8 . Prevailing Wage Requirement. Any construction
6 contracts awarded by Subrecipient using funds provided under
7 this agreement in excess of $2 , 000. 00 shall include a provision
8 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
9 7) and as supplemented by Department of Labor Regulations
10 (29CFR) . Under this Act, contractors shall be required to pay
11 wages to laborers and mechanics at a rate not less than the
12 minimum wages specified in a wage determination made by the
13 Secretary of Labor. In addition, contractors shall be required
14 to pay wages not less often than once a week. Subrecipient
15 shall place a copy of the current prevailing wage determination
16 issued by the Department of Labor in each solicitation and the
17 award of a contract shall be conditioned upon the acceptance of
18 the wage determination. Subrecipient shall report all suspected
19 or reported violations to City.
20 9 . Temporary Withholding. The Director of the Community
21 Development of the City of San Bernardino is authorized to
22 temporarily withhold the payment of funds to Subrecipient when
23 the Director determines that any violation of this agreement has
24 occurred. Funds shall be withheld until the violation is
25 corrected to the satisfaction of the Director. Subrecipient
26 shall have the right to appeal the decision of the Director to
27 the Mayor and Common Council. The sole grounds for such appeal
28 shall be that no violation of the agreement has occurred.
2-2-88 5
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2 Subrecipient shall file such appeal within fifteen (15) days
after such first withholding. The Mayor and Common Council
3
shall set a date for the hearing of such appeal which is within
4
thirty (30) days following the date of filing.
5
10. Records Retention. Financial records, supporting
6
documents, statistical records, and all other records pertaining
7
to the use of the funds provided under this agreement shall be
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retained by Subrecipient for a period of three (3) years, at a
9
minimum, and in the event of litigation, claim or audit, the
10 records shall be retained until all litigation, claims and audit
11 findings involving the records, have been fully resolved.
12
11. Termination for Cause. City reserves the right to
13
terminate this agreement and any and all grants and future
14
payments under this agreement in whole or in part at any time
15
before the date of completion of this agreement whenever City
16
determines that the Subrecipient has failed to comply with the
17 conditions of this agreement. In the event City seeks to
18
terminate this agreement for cause, City shall promptly notify
19
the Subrecipient in writing of the proposed termination and the
20
reasons therefore, together with the proposed effective date.
21
Subrecipient shall be given an opportunity to appear before thel
22
Mayor and Common Council at the time at which the Mayor and
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Common Council are to consider such recommended termination, and
24
shall be given a reasonable opportunity to show cause why, if
25
any exists, the agreement should not be terminated for cause.
26
Upon determination by the Mayor and Common Council that the
27
contract should be terminated for cause, notice thereof,
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1 including reasons for the determination, shall promptly be
2 mailed to the Subrecipient, together with information as to the
3 effective date of the termination. Such notice may be given
4 orally at that hearing. The determination of the Mayor and
5 Common Council as to cause shall be final.
6 12. Termination for Convenience. City or Subrecipient may
7 terminate this agreement in whole or in part provided both
8 parties agree that the continuation of the project would not
9 produce beneficial results commensurate with further expenditure
10 of funds. In such event, the parties shall agree upon the
11 termination conditions, including the effective date and, in the
12 case of partial terminations, the portion to be terminated. The
13 Subrecipient shall not incur new obligations for the terminated
14 portion after the effective date and shall cancel as many
15 outstanding obligations as possible. City shall allow
16 Subrecipient full credit for the City's share of the non
17 cancellable obligations properly incurred by the Subrecipient
18 prior to termination.
19 13 . Hold Harmless. Subrecipient agrees to indemnify and
20 save harmless the City and its employees and agents from all
21 liabilities and charges, expenses (including counsel fees) ,
22 suits or losses, however occurring, or damages, arising or
23 growing out of the use of or receipt of funds paid under this
24 agreement and all operations under this agreement. Payments
25 under this agreement are made with the understanding that the
26 City is not involved in the performance of services or other
27 activities of the Subrecipient. Subrecipient and its employees
28 and agents are independent contractors and not employees or
2-2-88 7
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agents of City. In the event of any termination, subrecipient
2
shall forthwith provide to the Community Development Department
3 any and all documentation needed by the Community Development
4 Department to establish a full record of all monies received by
5
subrecipient and to document the uses of same.
6 14 . Amendment. This agreement may be amended or modified
7 only by written agreement signed by both parties, and failure on
8 the part of either party to enforce any provision of this
9 agreement shall not be construed as a waiver of the right to
10
compel enforcement of any provision or provisions.
11
15. Assignment. This agreement shall not be assigned by
12 Subrecipient without the prior written consent of City.
13 16. Notices. All notices herein required shall be in
14 writing and delivered in person or sent certified mail, postage
15
prepaid, addressed as follows:
16
17 As to City: As to Subrecipient:
18 Director Larry Jacinto Construction
Community Development Dept. P.O. Box 615
19 City of San Bernardino Menton, CA 92359
City Hall, Fifth Floor
20 300 North "D" Street
San Bernardino, Calif. 92418
21
17 . Entire Agreement. This agreement and any document or
22
instrument attached hereto or referred to herein integrates all
23
terms and conditions mentioned herein or incidental hereto, and
24
supersedes all negotiations and prior writing in respect to the
25
subject matter hereof. In the event of conflict between the
26
terms, conditions or provisions of this agreement, and any such
27
document or instrument, the terms and conditions of this
28
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Aftk
a
1 agreement shall prevail .
2 IN WITNESS WHEREOF, the parties hereto have executed this
3 agreement on the day and year first hereinabove written.
4
ATTEST: CITY OF SAN BERNARDINO
5
6 BY:
City Clerk Mayor, of the City of
7 San Bernardino
8
SUBRECIPIENT:
9
By:
10 President
11 BY:_
Secretary
12 Approved as to form
and, legal content:
13 -�
14 ' ; City Attorney
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15 Kjg/lab
0737
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vr.
TELEPHONE(714)794-2151
•+T e— _ Cont.Lic.No.309726
Carr�rYf
P.O.Box 615
n 41 l Montano,CA 92339
PROPOSAL and CONTRACT Date January 20 19 88
TO City of San Bernardino, Community Development Dept.
300 N. 'D' St., 5th Floor Telephone
San Bernardino, CA 92414
PROJECT:
DEMO PARKING LOT @ 546 W. 6th St., San Bernardino, CA
Dear Sir:
We propose to furnish all materials and perform all labor necessary to complete the following:
DEMO AND REMOVE CONCRETE SLAB, BLOCKWALL AND TREES
LUMP SUM $1,980.00
CONDITIONS:
Bid excludes permits, fees, utility disconnects, reconnects, caps, removals or
relocations, import, backfill, compaction and grading.
Not responsible for damage to adjacent property due to removals.
Bid good for 30 days.
All of the above work to be completed in a substantial and workmanlike manner according to standard
practices for the sum of:
_ Dollars ($ )
Payments to be made as the work progresses to the value of %of all work
completed. The entire amount of contract to be paid within days after completion.
Any alteration or deviation from the above specifications involving extra cost of material or labor will only
be executed upon written orders for same,and will become an extra charge over the sum mentioned in this con-
tract. All agreements must be made in writing.
NOTICE TO OWNER' Respectfully submitted,
i5 cnon J019-Conn• r,s L„enee Law)
Under the Mechan w L.en low o y,onoe,00r sub,.n".crer.laborer morer.ol
omen person who n.lpa ro�npro.e yam p.......and.s pad la h,e LARRY JACINTO—Contractor
laboro ae v.<s or morer.ol has o r.ghr re anlor,•h.e cla.m aq.n.r oo„•p•ep.rly
Under r1h.ebw.y py prme,r yp ,.0 wp.n,r.p,n d..m>.by ruing.b.mre Post Office Box 615
.ng such worl,of.mpro.emenr en o•.g.nal conrracl for 1hv worts of
m..Luce of m.<e ,,ecpra.•el h. Menton., California 92359
unry whe,.the properry is s uared and requiring rho'. •poymenl
bond be rem•dsd m each*11—'ged bond sho11 be.n on omoum nu�rl.,e mpn hlq Tele a(714)794- 51
per.nr 1�'•1 0l rna,o p rce and shall. n odd.non r on 1001
hcperlo•man,e of me , h,ond.r.on.d lo.+he p. n lull of the
clo.ms of 011
wor pera ,Iu.n •ag labor.,er��c.e e•��pm.n1 0�m.re•.ole for rhs
k descr.bed n svd 1
By:
Contactors are required by law to be licensed and regulated by the Contractors'State LI ense Board.
Any question concerning a contractor may be referred to the registrar of the board whose address is:
Contractors'State License Board,1020 N Street,Sacramento,California 93814
ACCEPTANCE
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the
above proposal, for which agree to pay the amount mentioned in said proposal, and according to the
terms thereof.
ACCEPTED
If accepted, please sign and return Duplicate Copy.
Date__ __ 19 _
EXHIBIT "Att