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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
From: Timothy C. Steinhaus Subject: MOBILE HOME PARK REHAB
Agency Administrator
Date: August 27, 1996
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Synopsis of Previous Commission/Council/Committee Action(s):
On September _5, 1995, the Mayor and Common Council approved Resolution
95-331, 95-332 and 95-333 concernig the use of HOME Funds for the
rehabilitation of three (3) mobile home parks (Friendly Village,
Tropicana and Orangewood).
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Recommended Motion(s):
(Mayor and Common Council)
(Community Development Commission)
MOTION: That the Mayor and Common Council, acting as Community
Development Commission, authorize the Agency
Administrator to execute an agreement with Matich
Corporation, in an amount not to exceed $116,006.15, for
the rehabilitation of three (3) mobile home parks
(Tropicana, Orangewood, Friendly Village).
TIMOTHY C. STEINHAUS
Agency Administrator
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Contact Person(s): Timothy C. Steinhaus Phone: 5081
Project Area(s): N/A Ward(s): 2 and 3
Supporting Data Attached: Staff Report Area Map, List of Improvements,
Addendum for Special Agency Counsel, Agreement
FUNDING REQUIREMENTS: Amount: $116,006.15 Source: HOME FUNDS
Budget Authority:
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Commission/Council Notes:
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TCS:mt:106la COMMISSION MEETING AGENDA
Meeting Date: 9/3j/�96
Agenda Item Number/,-
/ `° / 'n7
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
STAFF REPORT
Mobile Home Park Rehabilitation
On September 5, 1995, the Mayor and Common Council approved the use of
HOME Funds for the moderate or substantial rehabilitation of the
Friendly Village Mobile Home Estates, Tropicana Mobile Estates and the
Orangewood Estates Mobile Home Park.
On August 1, 1996, Staff published notice concerning the acceptance of
bids for the rehabilitation of the mobile home parks (see map for
location). The notice stated that the bid package was available at the
offices of the EDA and that all specifications and contractual
documents would be included in the bid package. A total of eight (8)
bid packages were picked by contractors from San Bernardino, San
Bernardino County, Riverside County, Orange County, and San Diego
County.
On August 14, 1996, Staff conducted a mandatory pre-bid conference to
instruct the potential bidders of the job, the contract documents and
that since Federal funds were involved, the Davis-Bacon Act (prevailing
wages rates) would apply. A total of five (5) potential bidders
attended the pre-bid conference.
On August 21, 1996, Staff conducted the bid opening. A total of four
(4) bids were received. The results of the bid opening is as follows:
Bristol Construction $155,986.00
Wakeham-Baker $159,915.00
Matich Corporation $116,006.15
M.T. Construction $139,471.70
The Matich Corporation bid was opened and accepted though the proposal
was stamped in at 3:01 p.m. This was due to circumstances beyond their
control. (see attached staff report addendum
RECOMMENDATION•
Staff recommends that the Community Development Commission not consider
the time-stamped 3:01 p.m. as clear and convincing evidence that the
Matich Corporation Bid Package was "late" and/or evidence that the
Matich Corporation is not responsible" and further recommends adoption
of the form motion.
TIMOTHY C. STEINHAUS, Agency Administrator
Economic Development Agency
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TCS:mt:1061a COMMISSION MEETING AGENDA
Meeting Date: 9/3/1996
Agenda Item Number:
REHABILITATION OF MOBILE HOME PARKS
CITY OF
SAN BERNARDINO
-----------
0 Tropicana Mobile Home Estates
721 East 9th Street
@ Orangewood Estates
%
------- 2160 West Rialto Avenue
215
%
Friendly village Mobile Estates
2151 West Rialto Avenue
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Marshall L)
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Highland Ave
7E 1611 S1 -j
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@ 91h St
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San Bernardino county area
City of San Bernardino
ECONOMIC DEVELOPMENT AGENCY
Revised:July,1996 5
ADDENDUbt NO. 1
DATED: AUGUST 16, 1996
SUB-BID SCHEDULE "A"
TROPICANA MOBILEHOIE PARK
721 EAST 9TH STREET
CITY OF SAN BERNARDINO
PROJECT 96-0002
Item Quantity Unit Description of Items With Unit Price Total
Unit Price Written in Words
1. 1 L.S. Install and connect lights on existing pillars L.S.
at front entry at the lump sum price of
2. 215 L.F. Install 2-inch conduit and pull boxes for
SCE light standard at
per L.F.
3. 786 S.F. Remove and dispose of asphalt concrete
pavement at the office at
per S.F.
4. 786 S.F. Finish grade at office at
per S.F.
5. 66 L.F. Redwood header at office at
per S.F.
6. 2,500 L.F. Clean and seal cracks in A.C. pavement
per L.F.
7. 225 S.F. Remove and replace asphalt cement
pavement at
per S.F.
8. 14,960 S.Y. Seal coat streets and parking spaces at
per S.F.
Attar hment A -Bid Form and Designation of Subcontractors
Item Quantity Unit Description of Items With Unit Price Total
Unit Price Written in Words
9. 1 L.S. Repaint striping on streets, speed bumps, L.S.
parking spaces and street messages at the
lump sum price of
10. 4 EA. Repair existing trash enclosure at
each.
11. 4 EA. Install new trash enclosure at
each.
12. 1 EA. Remove and replace identification sign at
each.
TOTAL BID SCHEDULE "A"
Note: (1) The unit price must be written in words and also shown in figures. The total price must be extended for
each item of work and the total of all items inserted in the space provided.
(2) The Agency reserves the right to eliminate up to 25% of the bid amount by reducing or deleting bid
items without changing the costs of the remaining bid items if necessary to meet budget constraints.
Attachment A -Bid Form and Designation of Subcontractors
SUB-BID SCHEDULE"B"
FRIENDLY VILLAGE MOBILEHOME PARK
2151 WEST RIALTO AVENUE
CITY OF SAN BERNARDINO
PROJECT 96-0004
Item Quantity Unit Description of Items With Unit Price Total
Unit Price Written in Words
1. 1 L.S. Demolition for basketball court at the lump L.S.
sum price of
2. 3,250 S.F. Grade basketball court at
per S.F.
3. 3,250 S.F. Install 3-1/2"concrete slab for basketball
court,6'concrete wheel stops at
per S.F.
4. 150 L.F. Install 12'high chain link fencing at
per L.F.
5. 1 L.S. Install metal shed at the lump sum price of L.S.
6. 1 L.S. Painted striping at basketball court at a lump L.S.
sum price of
7. 1 L.S. Install basketball and tether ball assumblies L.S.
at the lump sum price of
8. 2 EA. Remove and replace street lights at
each.
9. 2 EA. Install new street lights at
each.
Attachment A-Bid Form and Designation of Subcontractors
Item Quantity Unit Description of Items With Unit Price Total
Unit Price Written in Words
10. 7,730 S.Y. Fill cracks and seal coat streets and parking
spaces at
per S.Y.
11. 1 L.S. Paint striping on streets,parking spaces and
pavement markings of a lump sum price of
TOTAL SCHEDULE "B"
Note: (1) The unit price must be written in words and also shown in figures.The total price must be extended for each
item of work and the total of all items inserted in the space provided.
(2) The Agency reserves the right to eliminate up to 25%of the bid amount by reducing or deleting bid items
without changing the costs of the remaining bid items if necessary to meet budget constraints.
Attachment A-Bid Forn:and Designation of Subcontractors
SUB-BID SCHEDULE"C"
ORANGEWOOD MOBILEHOME PARK
2160 WEST RIALTO AVENUE
CITY OF SAN BERNARDINO
PROJECT N0.96-0003
Item Quantity Unit Description of Items With Unit Price Total
Unit Price Written in Words
1. 1,600 S.F. Remove and dispose of A.C.pavement and
fine grade for tot lot a
per S.F.
2. 620 S.F. Place 3-1/2"thick concrete walk at
per S.F.
3. 120 L.F. Install 4'chain link fence at
per L.F.
4. 2 L.S. Install park bench model 348-6NV at a lump
sum price of
5. 1 EA. Install play structure model KB44 at a lump
sum price of
6. 1 L.S. Install aggregate base and resilient cushing L.S.
at a lump sum price of
7. 11,790 L.F. Clean and seal cracks in A.C.pavement at
per L.F.
8. 15,525 S.Y. Seal coat street and parking spaces at
per S.Y.
9. 10 EA. Install speed bump and painted stripes at
each.
J
Attaciunent A-Bid Forin and Designation of Subcontractors
Item Quantity Unit Description of Items With Unit Price Total
Unit Price Written in Words
10. L.S. Paint striping on streets,parking spaces and L.S.
street and pavement markings at a lump sum
price of
11. 8 EA. Install stop signs
each.
12. 3 Ea. Install new street lights at
each.
TOTAL SCHEDULE "C"
Note: (1) The unit price must be written in words and also shown in figures.The total price must be extended for each
item of work and the total of all items inserted in the space provided.
(2) The Agency reserves the right to eliminate up to 25%of the bid amount by reducing or deleting bid items
without changing the costs of the remaining bid items if necessary to meet budget constraints.
Attachment A-Bid Forrn and Designation of Subcontractors
COMMUNITY DEVELOPMENT COMMISSION
OF THE
CITY OF SAN BERNARDINO
AGENDA-REGULAR MEETING
September 2, 1996 - 11:00 A.M.
STAFF REPORT
ADDENDUM
TO: Community Development Commission
FROM: Steven B. Quintanilla, Sabo & Green
DATE: August 27, 1996
RE: Matich Corporation Bid Package
BACKGROUND
There was an inquiry made regarding the submittal of the Matich Corporation
("Matich") Bid Package which was time-stamped 3:01p.m., one minute past the 3:00 p.m. bid
submittal deadline. The Matich Bid Package was opened during the bid opening meeting without
any protest from any of the bidders who were present at the meeting. The inquiry regarding the 3:01
pm bid was not made until after the bid opening meeting wherein the bids were opened and the bid
amounts were publicly disclosed.
In response to the inquiry regarding the Matich Corporation's Bid Package,Mr.Trout
was advised by Special Counsel to investigate the matter to determine whether the 3:01 pm time-
stamped reflected the actual time the subject bid was submitted. Mr. Trout's investigation included
an interview of the employee (Ms. Vera Sanchez) who had time-stamped the subject bid package.
Upon interviewing Ms. Sanchez, Mr. Trout concluded with the concurrence of
Special Counsel that the Matich Corporation Bid Package was in fact submitted at or before 3:00
p.m. pursuant to the Bidder's Instructions. At the time the representative of Matich Corporation
arrived at the counter,where the bidders were instructed to submit their bid packages, Ms. Sanchez
was preoccupied with providing assistance to another person at the public counter. Immediately
after providing assistance to that other person, Ms. Sanchez time-stamped the Matich Bid Package
with a time-stamp of 3:01 p.m.--one minute passed the submittal deadline. However, as Ms.
Sanchez' sworn statement indicates, the Matich Bid Package actually arrived at or before 3:00 p.m.
and that the time-stamped 3:01 pm was not the result of the late arrival of the person who submitted
the Matich Bid Package.
RECOMMENDATION
The Commission should permit interested members of the public to comment on this
matter. However, unless there is substantial and credible evidence presented that contradicts the
testimony of Ms. Sanchez and/or the person who submitted the Matich Bid Package, it is
recommended that the Commission not consider the time-stamped 3:01 p.m. as clear and convincing
evidence that the Matich Corporation Bid Package was "late" and/or as evidence that the Matich
Corporation is not"responsible".
SBEO\0001\DOC\3152
DECLARATION OF VERA SANCHEZ
I, VERA SANCHEZ, DECLARE AS FOLLOWS:
1. I am a regular full time employee of the San Bernardino Economic
Development Agency ("Agency").
2. I have been employed with the Agency for approximately two years.
3. My responsibilities include but are not limited to typing, answering phones,
filing, receiving mail, assist visitors, and time-stamping bid packages.
4. On or about August 21, 1996 at approximately 2:55 p.m., I was speaking to
someone on the telephone when an individual came to the public counter with a manilla envelope.
5. After I finished my phone call, I turned my attention to the individual with
the manilla envelope and asked if I could help him and he responded that he was submitting a bid
package.
6. I accepted the bid package and time-stamped it and then instructed him to
enter the conference room.
7. I believe to the best of my knowledge that the individual had actually arrived
at the public counter prior to 3:00 p.m. on August 21, 1996 and that the time-stamped 3:01 p.m. does
not reflect the actual time the individual brought the envelope to the counter.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed this A day of August, 1996 at San Bernardino, California.
i 1
era Sanchez
G�
GENERAL CONTRACTOR
AGREEMENT
This General Contractor Agreement("Agreement")is made this day of , 1996,
by and between the Economic Development Agency of the City of San Bernardino, a public body
corporate and politic (the "Agency") and (the
"Contractor"). In consideration of the payments to be made hereunder and the covenants and conditions
contained herein the parties hereto agree as follows:
ARTICLE I.
PROJECT DESCRIPTION
Contractor shall seal and repair streets, install electrical lighting, construct a playground area,
install playground equipment, construct a basketball court, install fencing, and perform other
miscellaneous work at Tropicana(Project No.96-0002),Orangewood(Project No.96-0003)and Friendly
Village (96-0004) mobilehome parks located in the City of San Bernardino, California, referred
hereinafter as the Mobilehome Park Rehabilitation Project(the"Project").
ARTICLE II.
CONSTRUCTION WORK
Agency hereby retains Contractor to perform the construction necessary to complete the Project
which is referred to herein as the "Work," in accordance with the approved plans, specifications, and
other documents specified below in Article III (the "Contract Documents"), which are incorporated
herein by this reference as part of this Agreement as if attached hereto. Contractor shall furnish all
materials, supplies, tools, equipment, labor, and all other services necessary for construction and
completion of the Project.
ARTICLE III.
CONTRACT DOCUMENTS
This Agreement consists of the following Contract Documents:
a. Agreement
b. Appendix A: "General Conditions"
C. Appendix B: "State of California Public Contract Code Provisions"
General Contractor Agreement Page 1
d. Appendix C: "HOME Investment Partnerships Program Provisions"
e. Appendix D: "HUD Handbook 1344.1"
f. Appendix E: "Special Provisions"
g. Appendix F: "General Decision Number CA 960045"
h. Appendix G: "Federal Labor Standards and Provisions"
i. Contractor and Subcontractor Certifications
- Section 3 Clause
- Affn-mative Action Policy for Contractors and Vendors
- Certification of Understanding and Authorization
- Contractor Compliance With Davis-Bacon and Related Act
Requirements
- Subcontractor Compliance With Davis-Bacon and Related Act
Requirements
- Contractor's Certification Concerning Labor Standards and Prevailing
Wage Requirements
- Subcontractor's Certification Concerning Labor Standards and Prevailing
Wage Requirements
j. Payment Bond
k. Performance Bond
1. Notice to Proceed
m. Addenda:
Contractor shall comply with any and all provisions,terms and conditions set forth or contained
in the Contract Documents.
General Contractor Agreement page 2
J
ARTICLE IV.
COMPENSATION AND PAYMENT
Agency shall compensate Contractor a sum of Dollars
($ )for performance of the Work described in the Contract Documents, subject to additions
and deductions by change order. On or before the fifteenth day of each month that Work has been
performed by Contractor as described in the Contract Documents,Contractor shall submit an application
for payment to the Agency stating the percent of Work completed and the amount of compensation due
to Contractor for the prior month.Contractor's compensation shall include salaries or other compensation
to the employees of Contractor and all trade contractors hired by Contractor to perform any Work
required pursuant to this Agreement.
Contractor shall receive progress payments each month based on the percentage of Work
completed, which shall be verified by Agency prior to payment, subject to the timely submittal of all
required certifications as set forth herein. Within thirty (30) days of the date of Agency's receipt and
approval of Contractor's application for payment, Agency shall pay Contractor ninety percent(90%)of
the monthly progress payment due and shall withhold ten percent(10%). All amounts withheld shall be
paid to Contractor within sixty (60) days of substantial completion and acceptance by Agency of the
Project, as determined by Agency in its sole discretion.
ARTICLE V.
INDEMNIFICATION AND INSURANCE
5.1 Indemnification. Contractor shall defend, indemnify and hold harmless Agency, its
officers,employees,and agents from and against any and all actions,suits,proceedings,claims,demands,
losses, costs, and expenses, including attorney's fees and settlement costs, for injury or damage of any
type claimed which is brought by any individual or entity,whether public or private,as a result of the acts
or omissions of Contractor,its officers,employees,agents,and its trade contractors arising from or related
to performance of the Work required hereunder for construction and completion of the Project.
5.2 Insurance. Contractor shall procure and maintain insurance policies meeting the
minimum requirements set forth below. Insurance shall be provided by insurers satisfactory to Agency
which shall carry a rating of no less than "A" as determined by Best's Rating Service. Certificates
evidencing insurance coverage shall be delivered to Agency for each policy required herein prior to
commencement of any Work. All insurance certificates shall name Agency as an additional insured and
provide for thirty(30)days prior written notice of cancellation to Agency.
A. Comprehensive General Liability Insurance. Contractor shall maintain comprehensive
general liability insurance of not less than Five Million Dollars($5,000,000)combined single limit per
occurrence.
E
Genera[Contractor Agreement Page 3
B. Automobile Insurance. Contractor shall maintain comprehensive automobile liability
insurance of not less than One Million Dollars($1,000,000)combined single limit per occurrence.
C. Worker's Compensation. Contractor shall maintain worker's compensation coverage in
accordance with the laws of the State of California for all workers under its employ and trade contractors
performing the Work required herein.
ARTICLE VI.
TIME FOR PERFORMANCE
Contractor shall commence the Work required herein on the date of the Notice to Proceed which
the Agency shall deliver to Contractor,and Contractor shall complete the Work within 45 calendar days
of the date of the Notice to Proceed unless the period for completion is otherwise extended in accordance
with the Contract Documents.
ARTICLE VII.
ENVIRONMENTAL PROTECTION
Contractor agrees that it shall comply with the requirements of all applicable federal, state,and
local environmental laws and regulations, including without limitation,the Resource Conservation and
Recovery Act("RCRA"), 42 U.S.C. Section 6901, et seq., Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Section 9601, et seq., and the
Hazardous Waste Control Law("HWCL"), Health and Safety Code Section 25100, et seq. Contractor
shall indemnify Agency and hold Agency harmless from any and all costs, expenses, liabilities, fines or
penalties resulting from discharges, emissions, spills, storage, disposal, or any other actions by
Contractor, its officers, employees, agents and trade contractors which result in Agency liability or
responsibility under applicable federal,state or local environmental laws. Agency officials may inspect
the construction site for compliance with environmental safety and occupational and health and safety
laws and regulations even if Agency may not be responsible for enforcement of such laws and
regulations.
ARTICLE VIII.
MISCELLANEOUS
8.1 Notice. Notices shall be presented in person or by certified or registered United States
mail,return receipt requested,postage prepaid or by overnight delivery made by a nationally recognized
delivery service to the addresses noted below. Notice presented by United States mail shall be deemed
effective the second business day after deposit with the United States Postal Service. This Section shall
not prevent giving notice by personal service or telephonically verified fax transmission which shall be
General Contractor Agreement Page 4
deemed effective upon actual receipt of such personal service or telephonic verification. Either party may
change their address for receipt of written notice by so notifying the other party in writing.
TO CONTRACTOR:
Attention:
TO AGENCY: Economic Development Agency of
the City of San Bernardino
201 North`B" Street,Third Floor
San Bernardino, California 92401
Attention: Agency Administrator
8.2 Severability. In the event that any one or more of the sentences, clauses,paragraphs or
sections contained herein is declared invalid,void or illegal by a court of competent jurisdiction the same
shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or
invalidate any of the remaining phrases, sentences, clauses,paragraphs or sections contained herein.
8.3 Waiver. Failure of either party to enforce any provision of this Agreement shall not
constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
8.4 Entire A eement. This Agreement contains the entire understanding and agreement of
the parties and cannot be amended without prior written consent of the parties hereto.
- 8.5 Amendment. This Agreement may be amended at any time by a written instrument
signed by the parties hereto.
8.6 Assignment. In no event shall Contractor assign or transfer any portion of this Agreement
without the prior written consent of Agency,which consent may be withheld in its sole discretion.
8.7 Governing Law. This Agreement shall be governed by the laws of the State of California.
8.8 Successors and Assi r- s. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their heirs, executors, administrators, successors and assigns.
General Contractor Agreement Page 5
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
as of the date first written above.
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
By:
Agency Administrator
CONTRACTOR
By:
Approved as to form and
legal content:
By:
Agency Special Counsel
SBEO\0124\DOC\206
7\30\96 200 ct
General Contractor Agreement Page 6