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HomeMy WebLinkAboutR26-Economic Development Agency CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FROM: Emil A. Marzullo Interim Executive Director SUBJECT: Amendment No.1 to the Constrnction Contract with Phillips Construction, Inc., for the Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project Phase II - Various Locations Citywide DATE: July 22, 2011 Svnonsis of Previous Commission/Council/Committee Actionls): On May 19, 2011, Redevelopment Committee Members Johoson, Marquez and Brinker unanimously voted to recommend that the Community Development Commission of the City of San Bernardino ("Commission") award a Construction Contract to Phillips Construction, Inc. for the Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project Phase II - Various Locations Citywide. On June 6, 2011, the Commission approved and authorized the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Construction Contract by and between the Agency and Phillips Construction, Inc. for the Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project Phase I1- Various Locations Citywide. On July 21, 20 II, Redevelopment Committee Members Marquez and Brinker unanimously voted to recommend that the Community Development Commission of the City of San Bernardino ("Commission") execute Amendment No. 1 to the Construction Contract by and between the Agency and Phillips Construction, Inc. for the Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project Phase II - Various Locations Citywide. Recommended Motionls): lCommunity Develonment Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. I to the Construction Contract by and between the Agency and Phillips Construction, Inc. ("Contractor") for the construction of Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project Phase II - Various Locations Citywide (40th Street, South Valle, Northwest Redevelopment Project Areas). Contact Person(s): Brian Turnbull Phone: (909) 663-1044 Project Area(s): 40th Street, South Valle, Northwest Ward(s): 3rd, 4th, 6th, 7th Supporting Data Attached: o Staff Report 0 Resolution(s) 0 Agreement(s}/Contract(s) 0 Map(s) 0 Letter(s) FUNDING REQUIREMENTS: Amount: $ $9,860 Source: RDA Funds Budget Authority: Bud et Commission/Council Notes: P:\Agendas\Comm De\' Commission\CDC 201 ]\08-0].11 Phillips Construction. Inc. - ADA Amendment No. I Phase II SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/0112011 Agenda Item Number: J2.- 2-(p ECONOMIC DEVELOPMENT AGENCY STAFF REPORT AMENDMENT NO.1 TO THE CONSTRUCTION CONTRACT WITH PHILLIPS CONSTRUCTION, INC. FOR THE AMERICANS WITH DISABILITIES ACT ("ADA") RAMPS AND SIDEWALKS PROJECT PHASE II - VARIOUS LOCATIONS CITYWIDE BACKGROUND: On February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009 ("ARRA") which provided stimulus funding to a variety of programs for shovel-ready projects. Under the ARRA, Community Development Block Grant-Recovery Funds ("CDBG-R") were provided to the City of San Bernardino ("City"). The availability of these funds allowed for the design and construction of the Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project to be constructed at various locations Citywide. On June 1,2009, the Mayor and Common Council of the City of San Bernardino ("Council") approved the allocation of $451,548 in CDBG-R Funds for the Redevelopment Agency of the City of San Bernardino ("Agency") to administer and construct a Citywide Handicapped Access Improvements Project. Phase I of the Project was completed in July, 2010. Bids for Phase II of the Project were solicited on May 7, 2011, and a bid opening was held on May 16, 2011. PhiIlips Construction, Inc. ("Contractor") was the lowest, responsible bidder. A Construction Contract ("Contract") in the amount of $270,809 was approved by the Community Development Commission of the City of San Bernardino ("Commission") on June 6, 2011. Improvements were constructed in the 3rd, 4th, 6th and 7th Wards, impacting the 40th Street, South Valle and Northwest Redevelopment Project Areas. CURRENT ISSUE: Subsequently, the City's Field Engineering/Inspection Section determined additional work was necessary to correct deficiencies from past construction. As a result, an amendment to the Contract for an additional $9,860 is required to complete the additional work. Therefore, staff is recommending an amendment to the Contract to include these services. ENVIRONMENTAL IMP ACT: This project is exempt under California Environmental Quality Act (CEQA) pursuant to Section 15301. A Notice of Exemption was filed on June 6, 2011. P:\AgendasIComm Dev Commission\CDC 2011\08-01-11 Phillips Construction, Inc. - ADA Amendment No ] Phase II SKdoc COMMISSION MEETING AGENDA Meeting Date: 08/0112011 Agenda Item Number: Economic Development Agency Staff Report Phillips Construction, Inc. - ADA Amendment No.1 Phase I1 Page 2 FISCAL IMPACT: The remainder of the CDBG-R Funds were expended on this Project. The $9,860 additional work to be completed will be paid for by tax increment funds. RECOMMENDATION: That the Community Development Commission of the City of San Bernardino adopt the attached Resolution. Executive Director P:\Agendas\Comm Dev CommiSliion\CDC 20] 1\08-01-11 Phillips Construction, Inc. - ADA Amendment No. 1 Phase II SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/01/2011 Agenda Item Number: 1 2 3 4 5 6 7 8 9 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT BY AND BETWEEN THE AGENCY AND PHILLIPS CONSTRUCTION, INC. ("CONTRACTOR") FOR THE CONSTRUCTION OF AMERICANS WITH DISABILITIES ACT ("ADA") RAMPS AND SIDEWALKS PROJECT PHASE II - VARIOUS LOCATIONS CITYWIDE (40th STREET, SOUTH VALLE AND NORTHWEST REDEVELOPMENT PROJECT AREAS) WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a community redevelopment agency duly created, established and authorized to transact business and 10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 11 "CRL"), codified under Division 24, Part I of the California Health and Safety Code commencing at 12 Section 33000 and is authorized to construct improvements located within the approved 13 redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL; 14 15 16 and WHEREAS, the Project Areas display substantial and pervasive symptoms of blight that cannot be remedied by private parties acting alone without community redevelopment assistance; 17 18 19 and WHEREAS, on February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009 ("ARRA") which provided Community Development Block Grant- 20 Recovery Funds ("CDBG-R") to the City of San Bernardino; and 21 22 WHEREAS, on June I, 2009, the Mayor and Common Council of the City of San Bernardino ("Council") approved the allocation of $451,548 in CDBG-R Funds for the construction 23 of the ADA Ramps and Sidewalks; and 24 25 WHEREAS, the scope of work included construction of ramps, curb cuts and sidewalk to ensure compliance with the ADA; and 26 27 WHEREAS, bids to construct the ADA Ramps and Sidewalks Project Phase II were solicited on May 4, 2011 with Phillips Construction, Inc. ("Contractor") as the lowest responsible 28 bidder in the amount of $270,809; and I P:\AgendaslResolutions\Resolutions\2011\OS-OI-11 Phillips Consruction, Inc. ADA Construction Contract Amendment No. I Phase II CDC Reso.doc 10 1 WHEREAS, on June 6, 2011, the Agency and the Contractor entered into a Construction 2 Contract ("Contract") for ADA Ramps and Sidewalks Phase II " various locations Citywide and the 3 Agency desires to amend said Contract in the amount of $9,860 for additional work in accordance 4 with the terms and conditions of said contract. 5 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 6 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 7 FOLLOWS: 8 Section 1. The information set forth in the above recitals of this Resolution is true and 9 correct. Section 2. The Commission hereby approves Amendment No. 1 to the Contract by and 11 between the Agency and the Contractor as attached hereto, and incorporated herein by reference. 12 Section 3. The Interim Executive Director ofthe Agency is hereby authorized to execute 13 Amendment No.1 to the Contract on behalf of the Agency in substantially the form attached hereto, 14 together with such changes therein as may be approved by the Interim Executive Director of the 15 Agency, the City Attorney and Agency Counsel. The Interim Executive Director of the Agency or 16 such other designated representative of the Agency is further authorized to do any and all things and 17 take any and all actions as may be deemed necessary or advisable to effectuate the purposes of the 18 Contract, including making non-substantive modifications to the Contract. 19 This Resolution shall take effect from and after its date of adoption by this Section 4. 20 Commission. 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 2 P:\Agendas\Resolutions\Resolutions\201I\08-01-11 Phillips Consruction, Inc. ADA Constrnction Contract Amendment No. I Phase II CDC Resodoc 1 2 3 4 5 6 7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO.1 TO THE CONSTRUCTION CONTRACT BY AND BETWEEN THE AGENCY AND PHILLIPS CONSTRUCTION, INC. ("CONTRACTOR") FOR THE CONSTRUCTION OF AMERICANS WITH DISABILITIES ACT ("ADA") RAMPS AND SIDEWALKS PROJECT PHASE II - VARIOUS LOCATIONS CITYWIDE (40th STREET, SOUTH VALLE AND NORTHWEST REDEVELOPMENT PROJECT AREAS) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a 9 thereof, held on the day of 10 Commission Members: Aves 11 MARQUEZ 12 JENKINS 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 21 The foregoing Resolution is hereby approved this 22 23 24 25 19 20 meeting ,2011, by the following vote to wit: Navs Abstain Absent Secretary day of ,2011. Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino . 26 Approved as to Form: 27 By: 28 ~g~~~ 3 P:\Agendas\Resolutions\ResolutionsI2011\08-01-11 Phillips Consruction, Inc. ADA Construction Contract Amendment NO.1 Phase II CDC Reso.doc AMENDMENT NO.1 TO THE PUBLIC WORKS CONSTRUCTION CONTRACT REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AMERICANS WITH DISABILITIES ACT ACCESS RAMPS AND SIDEWALKS PROJECT PHASE II - VARIOUS LOCATIONS SAN BERNARDINO, CA 92401-10 This Amendment No.1 ("Amendment No. I") to the Phillips Construction, Inc. Public Works Construction Contract ("Contract") is made and entered into as of August 1, 2011, by and between the Redevelopment Agency of the City of San Bernardino ("Agency"), a public body, corporate and politic, and Phillips Construction, Inc., a California corporation ("Contractor"). WHEREAS, on June 6, 2011, the Agency and the Contractor entered into a Construction Contract #2011-30 to construct an ADA Ramps and Sidewalks Project Phase II - various locations Citywide; and WHEREAS, the Agency desires to amend said Contract in the amount of $9,860 for additional work required of the Contractor by the City's Field Engineering Section to correct parking lot grade elevations on 40th Street in accordance with the terms and conditions ofthe Contract. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Amend Section 2, "The Work", to read as follows: A. The Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and materials (except that specifically mentioned as being furnished by others) necessary to perform and complete the work in a good and worker like manner as called for, and in the manner designated in, and in strict conformity with the Project Construction Plans, Detail Specifications, and other Contract Documents including the demolition of existing asphalt, removal of sub-soil and add new compacted four (4) inch road base to correct parking lot grade elevations which are identified by the signatures of the parties to this Contract and are, collectively, entitled: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADA ACCESS RAMPS AND SIDEWALKS PHASE 11- VARIOUS LOCATIONS SAN BERNARDINO, CA 92401 2. Amend Section 3, "Contract Price", to read as follows: -1- P\Agendas\Agenda Attachments\Agenda Attachmenn\Agrmt!l-Amend 2011\08-01-1] Phillips Construction, Inc.-Amendment No.1 Phase lito Professional Services Contractdoe A. The Agency agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation, to-wit: Amounts as determined by applying the information contained in the Contractor's bid for the ADA Ramps and Sidewalks Phase II - Various Locations in San Bernardino, California ("Project"). The amount of this Contract for the Project is Two Hundred Eighty Thousand Six Hundred Sixty-Nine Dollars ($280,669). All other terms and conditions of the Contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. I to this Contract to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Dated: Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Emil A. Marzullo, Interim Executive Director Approved as to Form: By:G.~ Agency Counsel CONTRACTOR Phillips Construction, Inc., a California corporation Dated: By: Name: Title: Dated: By: Name: Title: -2- P:\Agendas\Agenda Attachments\Agenda Artachmenls\Agrmls-Amend 201 ]\08-01-11 Phillips Construction, Inc._Amendment No I Phase II to Professional Services Contract.doc