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HomeMy WebLinkAbout2018-273Resolution No. 2018-273 RESOLUTION NO. 2018-273 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH MICON CONSTRUCTION INC., IN THE AMOUNT OF $917,685 FOR PLAYGROUND EQUIPMEENT REPLACEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $82,315; AUTHORIZING THE FINANCE DIRECTOR TO AMEND FY 2018/19 ADOPTED BUDGET TO ALLOCATE CDBG FUNDING SAVINGS TO THE PROJECT FOR PLAYGROUND EQUIPMENT REPLACEMENT AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, Micon Construction Inc., 1616 Sierra Madre Circle, Placentia, California 92870 is the lowest responsive responsible bidder for Playground Equipment Replacement and Special Provision No. 13230. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager or his designee is hereby authorized and directed to award a construction contract to Micon Construction Inc. in the amount of $917,685, a copy of which is attached as Exhibit "A" and incorporated herein. SECTION 3. The City Manager or designee is hereby authorized and directed to execute said contingency not to exceed $82,315 on behalf of the City. SECTION 4. The Director of Finance is authorized to amend FY 2018/19 Budget to allocate CDBG Funding Savings to the project. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Resolution No. 2018-273 SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of November 2018. R. Carey Davi Mayor City of San B rnardino Attest: Georgeanr4lanna, CMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2018-273 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2018-273 adopted at a regular meeting held at the 7t' day of November 2018 by the following vote: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT Y X 1 X WITNESS my hand and official seal of the City of San Bernardino this 7th day of November 2018. Georgeann Manna, C- , City Clerk AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this -1th day of November City of San Bernardino (owner and hereinafter "CITY"), and Micon (hereinafter "CONTRACTOR"). 20 it, between the Construction Inc. 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the PLAYGROUND EQUIPMENT REPLACEMENT (PR 19-005) in strict conformity with Plans and Special Provisions No. 13230 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR .or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. A-1 AGREEMENT: PLAYGROUND EQUIPMENT REPLACEMENT (PR 19-005) 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. iN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR NAME OF FIRM: Micon Construction Inc. BY: Mitch Hol e TITLE: President MAILING ADDRESS: 1616 E Sierra Madre Circle Placentia, Ca 92870 NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. CITY OF SAN BERNARDINO 11 4 BY: REA M. MMI LER City Manager A-2 ATTEST: GEOR :ANN I IA4A City Clerk APPROVED AS TO FORM: G Y D. SAENZ, City Attorney