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HomeMy WebLinkAbout27- Community Development CIT)r OF SAN BERNARD16J - REQUE... r FOR COUNCIL ACI JN From: KENNETH J. HENDERSON, DIRECTOR .:. 4 ?}eas. �r, AWARD OF DEMOLITION BID - GOODWILL INDUSTRIES - 899 WEST COMMUNITY DEVELOPMENT !'; THIRD STREET, SAN BERNARDINO Dept: TO Z. KELLY DEMOLITION Date: February 2 , 1988 Synopsis of Previous Council action: /yrT On December 21, 1987 , the Mayor and Common Council authorized staff to advertise for bids for demolition and clearance of Goodwill Industries property located at 899 West Third Street, San Bernardino, California. Recommended motion: ADOPT RESOLUTION V Signature Contact person: Ken Henderson/Lisa Dickey Phone: 5065 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: $22, 000. 00 Source: (ACCT. NO.) 121-544-57553 (ACCT. DESCRIPTION) CDBG DEMOLITION Finance: Council Notes: A---J_ 1 AI_ CITY OF SAN BERNARDIIVO - REQUEbT FOR COUNCIL AC1 iON STAFF REPORT On March 21, 1987, the Mayor and Common Council took an action approving a loan to Goodwill Industries, Inc. , for demolition assistance in an amount not to exceed $23 , 000. Goodwill is to repay the City upon sale of the property or make monthly payments two (2) years after the structure is demolished, whichever is first. When the procedures for bidding the project and selecting the lowest reasonable bid came before Council, the City Atttorney 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 bids for demolition and clearance of the above referenced site. The time period for submitting a bid on this project was from January 11, 1988 to January 27 , 1988. Bids for this project were opened at 4 : 00 p.m. , on Wednesday, January 27, 1988 . A total of six (6) bids were received ranging from $22 , 000. 00 to $420, 000. 00, and are set forth below by name and bid amount: 1. L. Kelly Demolition: $ 22 , 000. 00 2 . Warren Duncan, Contractor: $ 29, 890. 00 3 . Harber Company: $ 39, 688.80 4 . Larry Jacinto, Contractor: $ 39, 963 00 5. Eugene A. Shrosbree: $ 43 , 000. 00 6. Dulle Diversified Services: $420, 000. 00 Because the low bid was $7, 000. 00 less than the next highest bid, staff from Community Development and the Department of Building and Safety confirmed with Mr. Kelly that the bid included all required work and City fees as they pertain to demolition and clearance. Based on the above, staff recommends award of the demolition contract for the Goodwill Industries site located at 899 West Third Street, San Bernardino be awarded to L. Kelly Demolition in the amount of $22 , 000. If accepted by the Mayor and Common Council, adoption of the attached resolution would be in order. iLL.A Kennet J. Henders n Director of Community Development /lab 0736 2-2-88 75-0264 RESOLUTION NUMBER _ 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT 2 TO L. KELLY DEMOLITION FOR DEMOLITION AND CLEARANCE OF THE GOODWILL INDUSTRIES, INC. , STRUCTURE LOCATED AT 899 WEST THIRD 3 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. L. Kelly Demolition is the lowest responsible 7 bidder for demolition and clearance of the Goodwill Industries, 8 Inc. , structure located at 899 West Third Street, San Bernardino, 9 for the total amount of $22 , 000. 00. A contract is awarded to 10 said bidder accordingly, but such award shall be effective only 11 upon the contract being fully executed by the parties. All other 12 bids therefore are hereby rejected, and the Mayor is hereby 13 authorized and directed to execute said contract on behalf of the 14 City, a copy of the contract is attached hereto, marked Exhibit 15 111" and incorporated herein by reference as though fully set 16 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: 2-2-88 1 1 2 AYES: Councilpersons 3 4 NAYES: 5 ABSENT: 6 7 City Clerk 8 9 The foregoing resolution is hereby approved this day 10 of 1988. 11 12 13 Mayor, City of San Bernardino 14 Approved as to legal form and content: 15 T ity Attorney 17 lab 18 0739 19 20 21 22 23 24 25 26 27 28 2-2-88 2 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 February 15 , 1988, at San Bernardino, California, 5 between the CITY OF SAN BERNARDINO, a municipal corporation, 6 referred to as "City" , and L. KELLY DEMOLITION 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 ggg wFsT TxTRD STREET (GOODWILL INDUSTRIES BUILDING) 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 EXHIBIT "1" 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 $ 22,000.00 6 3 . Term. This agreement shall commence 2/15/88 and 7 terminate 4-1-88 8 4 . Use of Funds/Budget. 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 28 2-2-88 2 1 understood that the total amount of the agreement shall not tie 2 varied thereby. 3 (d) The parties intend that the funds be utiliz,..d 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 9 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 Sari 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 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 "O" in 16 its expenditure of all funds received under this agreement. 17 7 . Anti-Kick Back Provisions; Equal Employment 18 OPPortunit . 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 (19 CFt , 22 Part 3) . This act provides that each contractor or subgr,jntee 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 28 2-2-88 4 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 I 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 1 2 Subrecipient shall file such appeal within fifteen (15) days 3 after such first withholding. The Mayor and Common Council 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 8 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 20 the Subrecipient in writing of the proposed termination and the reasons therefore, together with the proposed effective date. 21 Subrecipient shall be given an opportunity to appear before the 22 Mayor and Common Council at the time at which the Mayor and 23 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, 28 2-2-88 6 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 g 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. lg 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 1 2 agents of City. In the event of any termination, subrecipient 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 L. Kelly Demolition Community Development Dept. 6041 42nd Street 19 City of San Bernardino Rubidoux, CA 92509 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 2-2-88 8 I 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 X 14 — /City Atto"rrney KJH/lab 15 0737 16 17 18 19 20 21 22 23 24 25 26 27 28 2-2-88 9 ..r PROPOSAL AND CONTRACT (NOT FOR HOME IMPROVEMENT)' e ?_ _ —.tg TO _ T �.Iherelnafter'Owner'i,Telephone no l thereinafter"Contractor'l proposefs)to furnish all materials and perfor all labor necessary to complete the following I Insert a description of the work to be done and a oescnptlon or the materials to . be used and the equipment to be used or Installed.and state the address of the lob site I �1 All oft a above work is to be mpl led m a substantial and wurkmanli a manner according to standartl practices for the sum of - iyt� Dollars(E Progress payments shall be made as follows to the value Of per cent l—_°i°I of all work completed The remaining balance of the contract is to be paid within days after completion. This proposal is valid until .and it accepted on or before that date.work will commence approximately on and will be substantially completed approximately on _.subject to delays caused by acts of God stormy weather.uncontrollable labor trouble.or unforeseen contingencies. Any alteration or deviation from the above specifications.Including but not limited 10 any such alteration or deviation Involving additional matena and or labor costs Wdl be executed only upon a written order for same.signed by Owner and Contractor,and it there is any charge for such alteration or deviation the adcrt,cnal cralge win be added to the contract price of this contract. It any payment is not made when due,Contractor may suspend work on the fob until such time as all payments due have been made A failure to make payment for a period in excess of days from the due date shall be deemed a material breach of this contract. Respectfully submitted. a �yy N t of L m'a[lor By �f L Name and Registration No of any Salesperson who solicited or negotiated this 1 --�"—�`-; -1—� Q .._I contract c"y // a uepncnr N; Name N0 �-�----- -------_— Contractor S Stale Uce—No ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned In this Proposal.for whicn I we agree to pay the contract price mentioned in this Proposal,and according to the terms thereof.I/we have read and agree to the provisions contained herein,and in any attachments hereto,which are made a part hereof and are described as_______._.___ _- —`— O-T,sNme ACCEPTED: _ — street Admess— — Contractors are required by law to be licensed and regulated by the Contractors' State License Board.Any questions concerning sate— p _ a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, CA 95826 -- -- --1 1 Busness Adpre55 6uslness Pnone No WOLCOTTS FORM 564NHI-PROPOSAL AND CONT FACT 1NOT FOR NOME IMPROVEMENT,wadded)—Rev 7.87 'See form 561 for a Proposa,and Comracl for Nome rmpro—ni 1padded: '.c'1987 WOLCOTTS INC IPnce class A IPI 'Thrs ham also ava,laple as a 1 pan quad set order Wdcons Form 561NN101 o Form 5610 Por a NQpoSal and Contract to Nome Improvement 11 pan Quad selr TMs standard form,s rnlendeQ for In,11Prt11 Su Whohs ehcounleled m Ine held rnorcated Noweve'.before you 119h.read II.NII Ih all planks and make •nalevtr changes are apprortnale and necessary to your particular iransactmn Consult a Iaaryef i1 you doubt The Iurm s Illness for your purpose and use EXHIBIT "A"