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HomeMy WebLinkAboutAgr 1998-07-20 (State of California)Sta' California • Department of General Services 'ite Wilson, Governor RL"L ESTATE SERVICEb DIVISION SP r o f e s s i o n a l S e r v ii c e s B r a n c h f 1300 1 Street, Suite 700 Sacramento, California 95814-2919 September 16, 1998 Mr. Robert L. Kleinert, Town Manager Town of Tiburon Police Department 1155 Tiburon Blvd. Tiburon, CA 94920 Dear Mr. Kleinert: SPS 4113 - TIBURON POLICE STATION/EOC Enclosed is your copy of the executed grant for this project. The following is required prior to processing of payment requests: RECEIVED OCT - 1 1998 TOWN MANAGERS OFFICE TOWN OF TIBURON 1. A cover letter prepared on your agency's letterhead and summarizing the work completed, to accompany the Payment Request Form and Field Progress Form, 2. For the 50% payment and final payment only, a copy of the Certificate of Payment (or similar document) from the contractor. 3. For the final payment only, please provide us with the percentages of minority/women/disabled veteran businesses participation achieved (ref. Section 7 of the executed grant). Any disputed or incorrect payment requests will be returned to your agency within 30 calendar days. Please include your SPS number on any correspondence. If you have any questions or concerns, you may reach me at (916) 445-4396 or (916) 323-5826 (FAX). Sincerely, Mary K. Hoy, Architect Local Government Program Manager Seismic Program MKH:NB:nb Attachment ~?It cc: OFS/SRF Payments Section Controllers/Claim Audits Unit File (2) I State of California Department of General Services Real Estate Services Division/Professional Services Branch Special Programs Section - Seismic st Summary Sheet for New Local Government Grant Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 PROJECT DATA Costs Greater CONTRACT NO. SPS 4113 GRANTEE Town Of Tiburon Police Department ADDRESS 1155 Tiburon Boulevard Tiburon, CA 94920 PROJECT TIBURON POLICE STATION / E O C NAME PROJECT ADDRESS 1155 Tiburon Police Department Tiburon CA 94920 SB 747 Costs for Grant Amount $166,808 SeismicRetrofit Division 01 General Conditions $15,000 Division 02 Site Work Division 03 Concrete $41,507 Division 04 Masonry $3 683 Division 05 Metals , $4 217 Division 06 Wood and Plastic , $104 086 Division 07 Thermal and , Moisture Protection Division 08 Doors and Windows Division 09 Finishes Division 10 Specialities Division 11 Equipment Division 12 Furnishings Division 13 Special Construction Division 14 Conveyances Division 15 Mechanical Division 16 Electrical Subtotal $168,493 NEW BUILDING ALLOWANCE (if applicable) Architecture and Engineering Fees (allow) $6,740 General Contractor Overhead and Profit ? 0 % $33,699 General Contractor Bonds 2 % $3,369 Construction Inspection (3% max) $5,055 Project Management (3% max) $5,055 Total Cost $222,410 75% Cost Total Grant Amount Requested (Allowable) 75% of Seismic Retrofit $11,250 $31,130 $2,762 $3,163 $78,065 $126,370 New Building Costs $160,000 $110,000 $157,000 $26,000 $24,000 $269,000 $25,000 $70,000 $137,000 $20,000 $9,000 $0 $0 $0 $234,000 $241,000 $1,513,000 $65,000 $167,000 $16,000 $49,000 $49,000 $163,000 $1,957,000 $126,370 $166,808 i ur-UL Mr- UIVUtK F LNAL I Y OF PERJURY THAT I HAVE READ THE ABOVE REPORT AND KNOW THE CONTENTS THEREOF AND THAT ALL THE ABOVE STATEMENTS ARE TRUE. TITLE SIGNATURE O AG NCY REPRESENTATI DATE 2~ N fff Local Government Program - Contract Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 July 20, 1998 State of California Department of General Services Local Government Grant Real Estate Services Division/Professional Services Bra Earthquake Safety and Public Buildings Special Programs Section - Seismic Rehabilitation Bond Act of 1990 PROJECT DATA CONTRACT NO. SPS 4113 GRANTEE Town Of Tiburon Police Department PROJECT TIBURON POLICE STATION / E O C NAME ADDRESS PROJECT 1155 Tiburon Boulevard ADDRESS 1155 Tiburon Police Department Tiburon, CA 94920 Tiburon CA 94920 AGREEMENT FOR LOCAL GOVERNMENT GRANT THIS AGREEMENT, made and entered into this 20 th day of July, 1998, in the State of California, by and between the State of California, through its duly appointed, qualified and acting PRINCIPAL ARCHITECT, Department of General Services (DGS), Real Estate Services Division (RESD), Professional Services Branch (PSB), hereafter called the State, and the Town Of Tiburon Police Department WITNESSETH: , hereafter called the Grantee. WHEREAS, GRANTEE has applied and has been awarded a grant from STATE for seismic retrofitting of: TIBURON POLICE STATION / E O C , located at Tiburon , herein called "Project". This project is described as: New 6700 sf, 2 story Police Station. WHEREAS, STATE, pursuant to the Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990, agrees to grant funds to GRANTEE for seismic retrofitting of said project. This grant amount shall be no more than 75% of the portion of construction costs found by the State to be eligible for a state grant. The documents identified below are attached and hereby expressly incorporated into this grant: 1. Exhibit A - Certification of a Drug-free Workplace 2. Exhibit B - Field Progress Form 3. Exhibit C - Payment Request The total funding to be provided by STATE shall not exceed: $166,808 1. REIMBURSEMENT OF ALLOWABLE COSTS a. The only costs that are allowable under this agreement are items for seismic retrofitting program costs. The total reimbursement allowable per this agreement shall be as follows: GRANT TOTAL: $166.808 b. Should there be requests for any change orders, each request shall be reviewed separately and shall not exceed the total legislature amount approved. weal Uovernment vrogram - Contract Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 State of California Local Government Grant Department of General Services Real Estate Services Division/Professional Services Bra Earthquake Safety and Public Buildings Special Programs Section - Seismic Rehabilitation Bond Act of 1990 PROJECT DATA CONTRACT NO. SPS 4113 GRANTEE Town Of Tiburon Police Department NAME CT TIBURON POLICE STATION / E O C ADDRESS PROJECT 1155 Tiburon Boulevard ADDRESS 1155 Tiburon Police Department Tiburon, CA 94920 Tiburon CA 94920 GRANT (continued) 2. INVOICING Three payments shall be made. For each claim of payment, a cover letter, Completed Payment Request Form Exhibit C, and Field Progress Form Exhibit B shall be submitted to the State, Seismic Program Section. The cover letter shall be on the Grantee's letterhead and shall include: a. A summary of the work completed b. A summary of the amount submitted for payment c. The name of the project and project number (SPS ) The three payments shall be scheduled as follows: a. First Payment - A payment may be requested after execution of contract with successful bidder. Payment shall not be greater than 10% of the Grant. Allowable planning and design costs may be included. b. Second Payment - A payment not greater than 40% of the Grant amount, may be requested when 50% of the seismic retrofit construction or the new construction is complete. c. Final Payment - The final payment of 50% of the Grant amount must be requested within 60 days after completion of the structural seismic retrofit portion or the new construction of the project. A final cost and project report must be filed with the State within 180 days from the date completion. Where Payment Request and/or Field Progress Forms provide insufficient data or are incorrect, they will be returned to Grantee within 30 calendar days. Payment Request and Field Progress Forms will not be honored until the Agreement/Grant has been fully executed. 3. FAILURE TO COMPLETE PROJECT: TIMELY COMPLETION a. The Grantee shall proceed expeditiously with and complete the project. If the Grantee fails to complete the project, any funds disbursed by the State, on behalf of State, must be returned and there shall be no obligation to make further payments. However, the State, in it's sole discretion, may determine whether the failure to complete the project was beyond the reasonable control of the Grantee and thereby may allow the Grantee to retain all or part of the funds already paid. b. The Grantee shall complete all work under this grant no later than two fiscal years after the date of encumbrance. Any anticipated or actual delay must be promptly reported to the State with a complete explanation accompanied by an amended time schedule. An unjustified delay or failure to promptly report delay may be considered as sufficient grounds for cancellation of any remaining funding. Unless otherwise reported and explained, a delay of 90 days or more may be considered as a failure to complete the project per paragraph 3.a. 4. OPERATION and MAINTENANCE The Grantee shall commence operation of the project upon completion and shall be responsible for properly operating and maintaining the project in accordance with the applicable provisions of law. Local Government Program - Contract Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 State of California Local Government Grant Department of General Services Real Estate Services Division/Professional Services Br, Earthquake Safety and Public Buildings Special Programs Section - Seismic Rehabilitation Bond Act of 1990 PROJECT DATA CONTRACT NO. SPS 4113 GRANTEE Town Of Tiburon Police Department NAME CT TIBURON POLICE STATION / E O C ADDRESS PROJECT 1155 Tiburon Boulevard ADDRESS 1155 Tiburon Police Department Tiburon, CA 94920 Tiburon CA 94920 GRANT (continued) 5. INSPECTION. AUDIT and RECORDS a. The State, the State Auditor, or their authorized representative shall have an absolute right of access to all of the Grantee's records pertaining to this agreement for a period of 3 years after final payment for the purpose of conducting reviews and/or audits. (SAM 1125. 2.a.) b. The Grantee and contractor shall maintain sufficient accounting records and supporting documents to readily determine the validity of costs incurred and the applicability of the costs to the grant program. The details of the cost records must be consistent with the Payment Request. These books, documents, financial records, and requests for payment, or any part thereof shall be made available for audit upon request during normal business hours. c. Project/Grant Program records shall be retained for at least three years after expiration of this agreement or until completion of the project and resolution of all issues which may arise as a result of any litigation, claim negotiation, or audit, whichever is later. 6. GRANTEE and STATE RESPONSIBILITY a. The Grantee is totally responsible for and liable for all aspects of this project. b. The State's responsibility is strictly limited to providing cost reimbursement as herein provided. The State's obligation under this agreement is contingent upon the availability of funding and appropriation of grant or bond funds for the purpose of this grant. c. Grantee agrees to provide payment of at least 25% of the total cost of seismic rehabilitation of the project (the local government's share) and pay all other costs not included in this grant. d. Grantee shall provide and submit to the State evidence of a resolution showing availability of funds. 7. PARTICIPATION OF MINORITY/WOMEN/DISABLED VETERAN BUSINESSES The Grantee shall actively pursue participation of Minority/Women/Disabled Veteran Business Enterprises and conform to all local regulations, ordinances, rules, etc. regarding public work projects, in the conduct of this project. The percentages of participation achieved shall be included in the final report to the State. 8. CONTRACTOR and SUB-CONTRACTORS Nothing in this GRANT shall be deemed to create any contractual relationship between the STATE and the general contractor, architect, or any sub-contractors. 9. GRANT MANAGERS The designated program manager shall be the primary contact person during the conduct of this grant with the responsibility for facilitating communications and efficient interaction between the State and the Grantee. The Grantee shall designate a manager. Should a change of managers become necessary, the other party shall be notified as soon as possible. 10. CHANGES IN WORK The Grantee shall inform the State, in writing, of any changes affecting the structural work of the project as these changes occur. The Grantee may not proceed, with any changes, until the State is in concurrence. Local Government Program - Contract Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 State t California Local Government Grant Department of General Services Real Estate Services Division/Professional Services Br. Earthquake Safety and Public Buildings Special Programs Section - Seismic Rehabilitation Bond Act of 1990 PROJECT DATA CONTRACT NO. SPS 4113 GRANTEE Town Of Tiburon Police Department NAME CT TIBURON POLICE STATION / E O C ADDRESS PROJECT 1155 Tiburon Boulevard ADDRESS 1155 Tiburon Police Department Tiburon, CA 94920 Tiburon CA 94920 GRANT (continued) 11. SITE OBSERVATION The State or any authorized representative shall have reasonable access to the construction site, project records and any information pertinent to the project, at any time during normal business hours to observe and verify the construction work. 12. NATIONAL LABOR RELATIONS BOARD CLAUSE Grantee, by signing this grant, swears under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two year period because of the Grantee's failure to comply with an order of a Federal court which orders the Grantee to comply with an order of the National Labor Relations Board (Public Contract Code Section 10296). 13. NON-DISCRIMINATION CLAUSE a. During the performance of the Grant, Grantee shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Grantee shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Grantee shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into the Grant by reference and made a part thereof as if set in full. Grantee shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. The Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and sub-contracts to perform work under the Grant. 14. OTHER PROVISIONS a. The Grantee agrees to indemnify, defend and save harmless the State, it's officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, sub-contractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damages by the Grantee in the performance of this contract. b. The Grantee, and the agents and employees of Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. c. Without the written consent of the State, this Grant is not assignable by the Grantee either in whole or in part. d. Time is of the essence in this agreement. Local Government Program - Contract Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 State of California Department of General Services Real Estate Services Division/Professional Services Br, Special Programs Section - Seismic Local Government Grant Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 PROJECT DATA GRANTEE Town Of Tiburon Police Department ADDRESS 1155 Tiburon Boulevard Tiburon, CA 94920 CONTRACT NO. SPS 4113 PROJECT TIBURON POLICE STATION / E O C NAME PROJECT ADDRESS 1155 Tiburon Police Department Tiburon CA 94920 GRANT (continued) e. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. I 1111%,1p►a1 P.1 V111LCLrL , AMOUNT ENCUMBERED BY THIS DUMENT PROGRAM ATEGORY (CODE AND TITLE) FUND TITLE Department of General $166,808 F 0/1/97 Earthquake Safe ty Bond Services Use Only E) Earthquake Safety and Public Buildin s PRIOR AMOUNT ENCUMBERED g Rehabilitation Bond Act of 1990 B THIS DOCUMENT ~ O ITEM CHAPTER ATUTE FI CAL YEAR 1760-101-768 139 1994 94195 TOTAL AMOUNT ENCUMBERED BVHIS DOCUMENT OBJECT OF EXPENDITURE (CODE AND TITLE) $166,808 04 Ref. 10/1/97 Tiburon I hereby certify upon my own personal knowledge that budgeted funds a ~.B.A. No. B.R. No. available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING O FICER DATE r v CONTRACTOR STATE AGENCY F 1-1 DEPT. OF GEN. SER. CONTROLLER V rvw I'm I G G Ti~P~ao~v duo. Tawau 9492a Local Government Program - Contract 5 Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 Exhibit A State of California Department of General Services Certification of a Drug-free Workplace Real Estate Services Division / Professional Services Branch Local Government Grant Special Programs Section - Seismic Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 PROJECT DATA CONTRACT NO. SPS 4113 GRANTEE Town Of Tiburon Police Department NAME PROJECT TIBURON POLICE STATION / E O C ADDRESS PROJECT 1155 Tiburon Boulevard ADDRESS 1155 Tiburon Police Department Tiburon, CA 94920 Tiburon CA 94920 The Grantee named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possesssion, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). 2. Establish a Drug-free Awareness Program as required by Government Code Section 8355, to inform employees about all of the following: a. The dangers of drug abuse in the workplace; b. The person's or organization's policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation, and employee assistance programs; d. Penalties that may be imposed upon employees for drug abuse violations. 3. Provide, as required by Government Code Section 8355 (c), that every employee who works on the proposed contract: a. Will receive a copy of the company's drug free policy statement, and; b. Will agree to abide by the terms of the company's statement as a condition of employment of the contract. This certification shall not be construed to require any Consultant or Contractor to ensure that other businesses with which it subcontracts also provide drug-free workplaces. (Chapter 5.5 Section 8357, Division 1 of Title 2 of the Government Code). the official named below, hereby swear that 1 am duly authorized legally to bind the consultant or contractor to the above-described certification. 1 am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. Official's Name: Z CL D Title: A), Signature of Authorized Official for Grantee: =;rA Federal ID Number or SSN: .r .r Date Executed: Executed in the County of: NoxlN Local Government Program - Contract July 21, 1998 Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 Exhibit E State of California Department of General Services Real Estate Services Division/Professional Services Branch Special Programs Sect;on - Seismic Field Progress Form Local Government Grant Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 PROJECT DATA CONTRACT NO. SPS 4113 GRANTEE Town Of Tiburon Police Department PROJECT TIBURON POLICE STATION / E O C NAME ADDRESS 1155 Tiburon Boulevard Tiburon, CA 94920 PROJECT ADDRESS 1155 Tiburon Police Department Tiburon CA 94920 NOTE. One copy is required with each payment Request. Two copies required at completion of Bond Act project, or when services in connection with the project are terminated for any reason. This report includes all construction work to the day of , 19 r,cer-rirnfinn of Xninrl- rmmnlafnrl - % Complete The individual shown as having general responsible charge of observation of the work of construction on the application for approval of plans and specifications is responsible for the submission of this report to the division of the State Architect. If responsibility for observation of any portions of the construction work was delegated to others, this report must be signed by those so delegated that responsibility prior to submission to the Division of the State Architect. algnawre or Hgency mepresentauve va c Title Firm Name Signature of Architect Date i Title Firm Name Signature of Structural Engineer Date I Title Firm Name Local Government Program - Contract July 21, 1998 Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 I declare under penalty of perjury that I have read the above report and know the contents thereof; that all the above statements are true and that I know of my own personal knowledge that the work during the period covered by the report has been performed and materials used and installed in every material respect, are in compliance with the approved plans and specifications therfor. State of California Department of General Services Real Estate Design Services / Professioinal Services Branch Special Programs Section - Seismic Exhibit C Payment Request Local Government Grant Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 PROJECT DATA NEW CONTRACT NO. S P S 4113 GRANTEE Town Of Tiburon Police Department I NAME CT TIBURON POLICE STATION / E O C ADDRESS 1155 Tiburon Boulevard Tiburon, CA 94920 PROJECT ADDRESS 1155 Tiburon Police Department Tiburon CA 94920 Program Costs Grant Amount Grant Amount 1 st Payment 2nd Payment Final Payment 10% 50% 100% Division 01 General Conditions Division 02 Site Work Division 03 Concrete Division 04 Masonry Division 05 Metals Division 06 Wood and Plastic Division 07 Thermal and N/A Moisture Protection Division 08 Doors and Windows Division 09 Finishes Division 10 Specialities Division 11 Equipment Division 12 Furnishings Division 13 Special Construction Division 14 Conveyances Division 15 Mechanical Division 16 Electrical Subtotal NEW BUILDING ALLOWANCE $65,000 (if applicable) Total Grant Amount Requested $166,808 I DECLARE UNDER PENALTY OF PERJURY THAT I HAVE READ THE ABOVE REPORT AND KNOW THE CONTENTS THEREOF; THAT ALL THE ABOVE STATEMENTS ARE TRUE AND THAT I KNOW OF MY OWN PERSONAL KNOWLEDGE THAT THE WORK DURING THE PERIOD COVERED BY THE REPORT HAS BEEN PERFORMED AND MATERIALS USED AND INSTALLED, IN EVERY MATERIAL RESPECT, ARE IN COMPLIANCE WITH THE APPROVED PLANS AND SPECIFICATIONS THEREFOR. TITLE SIGN TURE OF AGENCY REPRESENTATIVE DATE Local Government Program - Contract Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 July 21, 1998