HomeMy WebLinkAbout18-Community Development
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CI,Q OF SAN BBRNARDIQ) - RI!QUOT. FOR COUNCIL AcQON
Dept: Community Development
Date: April i2, 1988
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ft'WJD.~'~ OF DEMOLITION BID
I!lll8 AfR 22 AM.p:fPENTIAL) 2477 EAST PACIFIC
AVENUE, TO CHARLES RAY GANN,
DEMOLITION
From: Kenneth J. Henderson, Director
Synopsis of Previous Council action:
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On March 7, 1988 the Mayor and Common council authorized community
Development staff to advertise for bids for demolition and clearance of
residential property located at 2477 East pacific Avenue, San Bernardino,
California.
Recommended motion:
Adopt Resolution
Contect person:
Ken Henderson/Lisa Dickey
Phone:
5065
Supporting dataatteched:
Staff Report
Ward:
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FUNDING REQUIREMENTS:
Amount:
$2,790.00
Source:
(ACCT. NO.) 121-544-57553
(ACCT. DESCRIPTION) CDBG Demolition
Finance: /J....-a %'-l-
Council Not..:
Agenda Item No.
j'Ji
elF; OF SAN _RRARDQo -.RBQUQr FOIICOUNcILAC'rlON
STAFF REPORT
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On Febr:uary 11, 1988, the community Development citizen. Advisory
Committee (CDCAC) recommended approval to the Mayor and Common
Council of a request for demolition grant assistance in the,amount
of $3,000.00 for a residential structure located at 2477 East
Pacific Avenue (Patton Park).
On March 7, 1988, 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 March 23, 1988 to April 11, 1988.
Bids for this project were opened at 10:00 a.m., on Monday, April
11, 1988. A total of five (5) bids were received on time, which
are set forth below by name and bid amount:
1. Charles Ray Gann Demolition:
2. Luther Kelly Demolition:
3. JBJ Company:
4. Warren Duncan:
5. CGO Construction:
$2,790.00
$3,000.00
$3,446.00
$4,390.00
$7,500.00
Based on the above, staff recommends awarding of the demolition
contract for the above referenced site to Charles Ray Gann,
Demolition, in the amount of $2,790. If the staff recommendation
is accepted by the Mayor and Common Council, adoption of the
attached resolution would be in order.
K nneth J. Henderson
Director of Community evelopment
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RESOLUTION NUMBER
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RlSOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT
2 TO CHARLES RAY GANN, DEMOLITION, FOR DEMOLITION AND.CLEARANCE OF
RESID:tNTIAL STRUCTURE LOCATED AT 2477 EAST PACItIC AVENUE, SAN
3 BERNARDINO, CALIFORNIA.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Charles Ray Gann, Demolition, is the lowest
responsible bidder for demolition and clearance of the
8 residential property located at 2477 East Pacific Avenue, San
9 Bernardino, California, for the total amount of $2,790.00. A
10 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 "1" 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
27 day of
28 wit:
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meeting thereof, held on the
, 1988, by the following vote, to
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RESOLUTION OF THE CITY ~AN BERNARDINO A~ING A
CONTRACT TO CHARLES RAY ~N, DEMOLITION, ~ DEMOLITION AND
CLEARANCE OF RESIDENTIAL STRUCTURE LOCATED AT 2477 EAST
PACIFIC AVENUE, SAN BERNARDINO, CALIFORNIA.
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AYES: Councilpersons
NAYES:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1988.
Mayor, city of San Bernardino
14 Approved as to legal form
15 and conrent:
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A~BEE!lEHI
CDBG DEMOLITION PROGRAM - FY 1987/1988
"':X.~AOItlIMENT is entered into effective as of
Kay 9, 19'8, at San Bernardino, California, between the CITY OF
SAN BERNARDINO, a municipal corporation, referred to as "city",
and Charles Ray Gann, Demolition, hereinafter referred to as
nSl.ll>r~ipi.nt".
city and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has submitted a bid in response to
competitive procurement procedures for demolition services
issued by the city Community Development Department. Funds are
available to City through the community Development Block Grant
Program from the united States of America to city.
(b) Subrecipient represents that the expenditures
authorized by this agreement are for valid and eligible
community development purposes, as defined in CFR 570 in
accordance with Federal law and regulations, and that all funds
granted under this agreement will be used for no purpose other
than those purposes specifically authorized. The specific
purposes and scope of services of this particular agreement are
the demolition of the structure located at 2477 East Pacific
Avenue, San Bernardino, California.
2. ~avments. city shall reimburse Subrecipient for allow-
able costs incurred under the scope of this agreement and
applicable Federal regulations, which have not been paid for or
reimbursed in any other manner by any other Agency or private
source of funding. Reimbursement will be made upon the
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accept.nceof the work completed by the Director of Community
DevelQ,..nt, with the total of all such reimbursements not to
excee4 $a,790.00.
3. Term. This agreement shall commence May 9, 1988 and
terminate June 10, 1988.
4. Use of Funds/Budaet.
(a) The funds paid to Subrecipient shall be used by it
solely for the purposes set forth in Paragraph l(b) of this
agreement, and in accordance with the bid submitted by
Subrecipient to the City of San Bernardino Community Development
Department, a copy of which is attached to this agreement as
Exhibit "A". The bid shall list all sources of funding for the
program covered by this agreement, whether from State, Federal,
local or private sources, and shall identify which sources are
paying for which specific portions of the program, by line-item,
to the extent practicable.
(b) Funds shall be used for purposes authorized by the
Community Development Block Grant Program only, and no portion
of the funds granted hereby shall be used for any purpose not
specifically authorized by this agreement.
(c) A variation in the itemization of costs, as set
forth in the bid submitted to City, not to exceed ten percent
(10%) as to any particular line item, shall be allowed, provided
that the prior written approval of the Director of Community
Development of the City of San Bernardino is obtained, it being
understood that the total amount of the agreement shall not be
varied thereby.
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1 (~) The parties intend that the tunds be utilized
2 within the time period covered by this agreement, and
3 entl1;,...at~o any funds not expended or obliqated shall revert
4 to theeity: No reserve for the future shall be established with
5 the fqnds except as may be authorized to meet commitments made
6 for .erviee. provided during the period of this agreement, but
7 not yet paid for at the conclusion of this agreement.
8 5. ~ervices Available to Residents: Monitorina and ReDort-
9 ina Proaram Performance. The services of Subrecipient shall be
10 made available to residents and inhabitants of the City of San
11 Bernardino unless otherwise noted in Exhibit "A". No person
12 shall be denied service because of race, color, national origin,
13 creed, sex, marital status, or physical handicap. Subrecipient
14 shall comply with Affirmative Action guidelines in its
15 employment practices.
16 6. Procurement Practices: Conflict of Interest.
17 Subrecipient shall comply with procurement procedures and
18 guidelines established by Attachment "0" to Office of Management
19 and Budget Circular No. A-I02, "Procurement Standards". In
20 addition to the specific requirements of Attachment "0" to
21 circufar No. A-I02, Subrecipient shall maintain a code or
22 standards of conduct which shall govern the performance of its
23 officers, employees or agents in contracting with and expending
24 the federal grant funds made available to Subrecipient under
25 this agreement. Subrecipient's officers, employees or agents
26 shall neither solicit nor accept gratuities, favors, or anything
27 of monetary value from contractors or potential contractors. To
28 the extent permissable by State law rules, and regulations, the
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standards adopted by Subrecipient shall provide for penalties,
sanction. or other disciplinary actions to be applied for
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viol.ti~fta ot such standards by either the Subrecipient's
ofticers, employees or agents, or by contractors or their
agents. All procurement transactions without regard to dollar
value shall be conducted in a manner so as to provide maximum
open and tree competition. The Subrecipient shall be alert to
organizational conflicts of interest or non-competitive
practices among contractors which may restrict or eliminate
competition or otherwise restrain trade. Subrecipient agrees to
adhere to conflict of interest provisions set forth in 24 CFR
Section 570.611 and to the procurement rules specified in Office
of Management and Budget Circular No. A 102 Attachment "0" in
its expenditure of all funds received under this agreement.
7. Anti-Kick Back Provisions: Ecrual EmDlovment
ODDortunitv. All contracts for construction or repair using
funds provided under this agreement shall include a provision
for compliance with the Copeland "Anti-Kick Back" Act (lS.U.S.C.
874) as supplemented in Department of Labor Regulations (29 CFR,
Part 3). This act provides that each contractor or subgrantee
shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public
work, to give up any part of the compensation .to which he is
otherwise entitled. Subrecipient shall report all suspected or
reported violations to City. All contracts in excess of
$10,000.00 entered into by Subrecipient using funds provided
under this agreement shall contain a provision requiring
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1 compliance with Equal Employment opportunity provisions
2 e.tabli.hed by Executive Order #11246 as amended.
3 ". "'~;i';:i(,~.i1inqwaae Reauirement. Any construction
4 conti_Qt_ awarded by Subrecipient using funds provided under
5 this agreement in excess of $2,000.00 shall include a provision
6 for ~ompli.nce with the Davis-Bacon Act (40.U.S.C. 276a to 276a
7 7) a~d....upplemented by Department of Labor Regulations
8 (29CFR). Under this Act, contractors shall be required to pay
9 wage. to laborers and mechanics at a rate not less than the
10 minimum wages specified in a wage determination made by the
11 secretary of Labor. In addition, contractors shall be required
12 to pay wages not less often than once a week. Subrecipient
13 shall place a copy of the current prevailing wage determination
14 issued by the Department of Labor in each solicitation and the
15 award of a contract shall be conditioned upon the acceptance of
16 the wage determination. Subrecipient shall report all suspected
17 or reported violations to city.
18 9. TemDorarv Withholdina. The Director of the Community
19 Development of the city of San Bernardino is authorized to
20 temporarily withhold the payment of funds to Subrecipient when
21 the Director determines that any violation of this agreement has
22 occurred. Funds shall be withheld until the violation is
23 corrected to the satisfaction of the Director. subrecipient
24 shall have the right to appeal the decision of the Director to
25 the Mayor and Common council. The sole grounds for such appeal
26 shall be that no violation of the agreement has occurred.
27 Subrecipient shall file such appeal within fifteen (15) days
28 after such first withholding. The Mayor ,and Common council
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shall set a date for the hearing of such appeal which is within
thirty (30) days following the date of filing.
10. Records Retention. Financial records, supporting
documents, statistical records, and all other records pertaining
to the use of the funds provided under this agreement shall be
retained by Subrecipient for a period of three (3) years, at a
minimum, and in the event of litigation, claim or audit, the
records shall be retained until all litigation, claims and audit
findings involving the records, have been fully resolved.
11. Termination for Cause. City reserves the right to
terminate this agreement and any and all grants and future
payments under this agreement in whole or in part at any time
before the date of completion of this agreement whenever city
determines that the Subrecipient has failed to comply with the
conditions of this agreement. In the event City seeks to
terminate this agreement for cause, City shall promptly notify
the Subrecipient in writing of the proposed termination and the
reasons therefore, together with the proposed effective date.
Subrecipient shall be given an opportunity to appear before the
Mayor and Common council at the time at which the Mayor and
Common Council are to consider such recommended termination, and
shall be given a reasonable opportunity to show cause why, if
any exists, the agreement should not be terminated for cause.
Upon determination by the Mayor and Common council that the
contract should be terminated for cause, notice thereof,
including reasons for the determination, shall promptly be
mailed to the Subrecipient, together with information as to the
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1 effective date of the termination. Such notice may be given
2 orally at that hearing. The determination of the Mayor and
3 Common council as to cause shall be final.
4 12. Termination for Convenience. city or Subrecipient may
5 terminate this agreement in whole or in part provided both
6 parties agree that the continuation of the project would not
7 produce beneficial results commensurate with further expenditure
8 of funds. In such event, the parties shall agree upon the
9 termination conditions, including the effective date and, in the
10 case of partial terminations, the portion to be terminated. The
11 subrecipient shall not incur new obligations for the terminated
12 portion after the effective date and shall cancel as many
13 outstanding obligations as possible. City shall allow
14 Subrecipient full credit for the city's share of the non
15 cancellable obligations properly incurred by the subrecipient
16 prior to termination.
17 13. Hold Harmless. Subrecipient agrees to indemnify and
18 save harmless the city and its employees and agents from all
19 liabilities and charges, expenses (including counsel fees),
20 suits or losses, however occurring, or damages, arising or
21 growing out of the use of or receipt of funds paid under this
22 agreement and all operations under this agreement. Payments
23 under this agreement are made with the understanding that the
24 city is not involved in the performance of services or other
25 activities of the sUbrecipient. Subrecipient and its employees
26 and agents are independent contractors and not employees or
27 agents of city. In the event of any termination, subrecipient
28 shall forthwith provide to the Community Development Department
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any and all documentation needed by the Community Development
Department to establish a full record of all monies received by
subrecipient and to document the uses of same.
14. Amendment. This agreement may be amended or modified
only by written agreement signed by both parties, and failure on
the part of either party to enforce any provision of this
agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
15. Assianment. This agreement shall not be assigned by
Subrecipient without the prior written consent of City.
16. Notices. All notices herein required shall be in
writing and delivered in person or sent certified mail, postage
prepaid, addressed as follows:
As to City:
As to Subrecipient:
Charles Ray Gann, Demolition
P.O. Box 647
Mira Lama, CA 91752
Director
community Development Dept.
City of San Bernardino
City Hall, Fifth Floor
300 North "D" Street
San Bernardino, Calif. 92418
17. Entire Aareement. This agreement and any document or
instrument attached hereto or referred to herein integrates all
terms and conditions mentioned herein or incidental hereto, and
supersedes all negotiations and prior writing in respect to the
subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this agreement, and any such
document or instrument, the terms and conditions of this
agreement shall prevail.
IN WITNESS WHEREOF, the parties hereto have executed this
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RESOLUTION U1" 'flit; I.;lT1 U.r" :'>81.., J:)J!.!U'Ui.lUJU'4U t'\WAL\.J.I.1.UU
A CONTRACT TO CHARLES~ GANN, DEMOLITO~OR DEMOLITION
AND CLEARANCE OF RESI~TIAL STRUCTURE L~ED AT 2477 EAST
PACIFIC AVENUE, SAN BERNARDINO, CALIFORNIA
agreement on the day and year first hereinabove written.
ATTEST:
CITY OF SAN BERNARDINO
BY:
Mayor, of the city
San Bernardino
of
City Clerk
SUBRECIPIENT:
By:
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President
BY:
Secretary
Approved as to form
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