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HomeMy WebLinkAboutR5- Economic Development C�OG� 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 ------------------------------------------------------------------------------- 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). ------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------- 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: ------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------- 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 Califorria State Uri—city �'j San Bernardino N .............. ............. .............. ............. .............. Z, .............. 40th St Parkdale .......... ............. 0:.......... Marshall L) L) .................. Highland Ave 7E 1611 S1 -j 0 Baseline 01 MF @ 91h St .11h 0,1 Foothill Blvd San Bernardino Rialto Ave I 3C Internatimal"'Part > rf Mill St 215 LU 0 > 4) ro 10 ai L.. H-phalit y > aaaaak......—. M NORTH ------------------- San Bernardino city limit ............. Map not to scale 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