HomeMy WebLinkAboutR34-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
ORIGINAL
\ FROM:
Maggie Pacheco
Deputy Director
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT
FOR IMPROVEMENTS TO THE
CALIFORNIA THEATRE LOCATED AT 562
WEST 4TH STREET - CENTRAL CITY
NORTH (DOWNTOWN) REDEVELOPMENT
PROJECT AREA
DATE:
April 19, 2005
----------------------------------------------------------------------------------------
Svnonsis of Frevious Commission/Council/Committee Aclion(s):
On March 22, 2005, Redevelopment Committee Members Estrada, Longville, and McGinnis recommended approval of the
award of the contract to S3 Construction, subject to Agency Counsel approval as noted in this Staff Report.
On April 19, 2005, Redevelopment Committee Members Estrada and Longville voted to recommend that the Community
Development Commission consider this action for approval.
-------------------------------------------------------------------------------------------------------
Recommended Motion(s):
MOTION:
(CommnDity Develonment Commission)
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A
CONSTRUCTION CONTRACT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE IMPROVEMENTS TO
THE CALIFORNIA THEATRE
Contact Person(s):
Gary Van OsdellMaggie Pacheco
Central City North
Phone:
(909) 663-1044
I
Project Area(s)
Ward(s):
Supporting Data Attached:
Ii'l Staff Report Ii'l Resolution( s) Ii'l Agreement( s )/Contract( s) 0 Map( s) 0 Letters
FUNDING REQUIREMENTS
Amount: $ 1,601,955
CDBG, Central City Bond Proceeds and State
Source: College Golf Course Lease Payments
Budget Authority:
SIGNATURE:
Pacheco, Deputy Director
{I1J~.Ij-o O!, ~ 1'/
I
.
P:\Agendas\Conun Dcv CoTMlission\CDC 2005\05-05-02 California ThcaIrc-Award of Contract SR.dIx;
COMMISSION MEETING AGENDA
Meeting Date: 05/02/2005
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
AWARD OF A CONSTRUCTION CONTRACT FOR IMPROVEMENTS TO THE
CALIFORNIA THEATRE LOCATED AT 562 WEST 4TH STREET
CENTRAL CITY NORTH (DOWNTOWN) REDEVELOPMENT PROJECT AREA
BACKGROUND:
In April 2004, the Mayor and Common Council allocated $600,000 from the Community
Development Block Orant ("CDBO") funds for the interior and exterior renovation to the 2nd floor of
the California Theatre located at 562 West 4th Street, San Bernardino ("Theatre"). The Theatre has
been owned, operated, and maintained by the Agency since 1994.
The renovation improvements include, but are not limited to the following items: restoration of a
currently unused 2nd floor room and conversion of that 2nd floor room into a banquet/dining/lecture
room, food service room (serve-only), employee dressing room, waitress areas, and installation of a
new turnkey elevator ("Improvements").
Based upon approved plans and specifications, during the swnmer of 2004, Agency Staff solicited
bids from a short list of qualified general contractors to complete the work described above. The bids
received ranged from $750,000 to $780,000. However, after bidding the work and a thorough walk
through of the Theatre, it was discovered that a nwnber of structural items and accessibility
improvements (i.e., relocation of HV AC equipment, fastening of roof rafters, structural flooring
capacity, asbestos and lead-based paint abatement, accessible main entry/exit automatic doors,
accessible 2nd floor men's and women's restrooms) were not originally addressed in the approved
plans; thus, the plans had to be modified to reflect the new work and cost of the renovation is now
expected to exceed the high bid of $780,000. Due to the nwnerous unforeseen items and foreseeing
possible change orders, the bids were rejected.
Moreover, due to the accessible issues raised by Building and Safety Manager, on October 13, 2004,
Staff submitted a request to the Access Appeal Board seeking an exception to the State of California
2000 Disabled Accessibility Act (ADA), based on "Unreasonable Hardship;', to phase-in/defer the
required ADA improvements over a period of 3 to 5 years to minimize the Agency's costs and in
order to proceed with restoration of the 2nd floor. The Agency's request to defer the ADA
improvements was granted in accordance with the schedule in the Staff Report dated October 6,2004
(Attachment I), as prepared by the City's Building Official. The Agency was also required to obtain
other governmental approvals for the Improvements. The Agency submitted a request to the City of
San Bernardino Fire Department seeking an exception to the elevator size required for the medical
gwney non-compliance. On August 24, 2004, the Fire Department granted the Agency gwney non-
compliance for the elevator. In addition, on October 1, 2004, the Agency received confirmation from
the State of California Office of Historic Preservation that the proposed Improvements would not
violate any of the Secretary of the Interior's Standards; thus, allowing the Agency to use CDBO funds
for the Improvements.
P'\Ag:endas\Corrun Dev CommissionICOC 200S\OS..nS-02 California Theatre-Award of Contract SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 05/02/2005
Agenda Item Number: R- 3 <j
Economic Development Agency Staff Report
California Theatre-Award of Contract for Inland Acoustic, Inc.
Page 2
After the accessible matters were resolved, Staff commenced to work on rectifying the various
unforeseen construction items addressed by the bidding contractors that were not included in the
original construction plans. Staff then initiated necessary exploratory work in the Theatre to answer
the structure problems raised and addressed by the two (2) contractors in the initial bidding. A new
architect was retained along with a general contractor to perform certain exploratory work, address all
the new findings, and complete the construction plans before going out to bid again. Several of the
issues resolved were as followed: structurally permitted location for the elevator between the
Theatre's structural grid; structural upgrades and ties for existing flooring, roofing and wall system;
proper callout and placement of the HV AC system; accurate plumbing lines (water supply and waste
lines); fire-rated wall separations; building details; testing for materials containing asbestos and lead-
based paint; accessibility requirements such as main entry/exit doors, ramps and upgrades on the 2nd
floor women's and men's restrooms.
Finally, on March 22, 2005, Staff presented to the Redevelopment Committee an Agenda Item
requesting to award a construction contract for Improvements to S3 Construction for $1,090,290. S3
Construction was the only submitted bid. This bid included the base bid and alternatives 1-8;
however, it did not include the required bonds and insurance costs as requested by the bid
instructions. Consequently, Staff disapproved the bid and commenced direct contract negotiations
with S3 Construction. These negotiations were commenced as a result of the understanding between
Staff and Agency Special Counsel that once the Agency complied with all Public Contracts Code
provisions and was unable to obtain any bids that the Agency could directly select and negotiate with
any contractor to insure the timely completion of the Improvements and without re-bidding the work.
However, Agency Counsel questioned the interpretation of the specific Public Contracts Code, and
recommended that further research will need to take place on the matter prior to forwarding the
recommendation of awarding the Contract to the Commission. As a result, the Redevelopment
Committee recommended approval of the award of the contract to S3 Construction, subject to Agency
Counsel rendering an opinion on whether the Agency could award a contract without re-bidding the
work. Hence, Agency Counsel opined that the Improvements would need to be re-bidded. In light of
new facts, on April 19, 2005, the Redevelopment Committee reconsidered this item and voted to
move the item for Community Development Commission approval.
CURRENT ISSUE:
On March 23, 2005, an advertisement for general contractors was noticed on the following days,
March 26, 30 and April 2, 2005 in the Sun Newspaper and a revised bid package for the Theatre was
made available. On April 12, 2005, although five contractors picked up plans (Mike Fischer
Plumbing Construction, Inland Acoustic, Inc., JM Builders, Inc., Arrowhead Mechanical, Inc., and
Skyline Construction, Inc.), only three (3) bids were received in the sums ranging from $1,393,039-
$2,046,650. These bids included the Base Bid and Bid Alternatives I through 8. The lowest
responsible bidder was Inland Acoustic, Inc. in the sum of$I,393,039. (See Attachment II)
Inland Acoustics, Inc. ("Inland"), located at 323 S. Sierra Way, San Bernardino, has an extensive
background in construction, and has been in business for more 25 years. Inland has completed and
has various on-going types of construction projects ranging from new to tenant improvement
construction, from retail to commercial, educational, financial, governmental, industrial, and
P:\Agendas\Comm Dev Commission\COC 2005105-05-02 California Theatre-Award ofConlract SR_doc
COMMISSION MEETING AGENDA
Meeting Date: 05/02/2005
Agenda Item Number: ~
Economic Development Agency Staff Report
California Theatre-Award of Contract for Inland Acoustic, Inc.
Page 3
historical buildings ("Project"). Their Project contract amounts range from $1- $1.9 million. Their
current and past clients include, but are not limited to Southern California Edison, Stater Bros., The
Gas Company, Pomona First Federal, Hewitt Packard, San Bernardino Unified School District, and
Riverside Unified School District.
Inland Acoustic, Inc. is a full service interior/tenant improvement/specialty contractor that consists of
five (5) divisions as follows: acoustical ceilings, heating and air conditioning, general contracting,
window coverings, and signage. The configuration of the different divisions allows the company to
package or contract each division on a stand-alone basis.
Assuming the award of the contract occurs by May 2005, the construction would commence
immediately following the Theatre's dark season beginning June 10, 2005, and majority of the
Improvements (assuming no unforeseen circumstances) would be completed by September 30,2005.
This is the period when there are no scheduled performances at the Theatre; hence, the proposed
construction schedule is intended to minimize the disruption of the Theatre business managed by
Theatrical Arts International. It should be further noted that in order to accommodate the
construction of the Improvements, TAl will have to temporarily be relocated from their offices in the
Theatre to a nearby office location.
ENVIRONMENTAL IMPACT:
Any enviromnental concerns were cleared through the National Enviromnental Protection Act
(NEP A) process and no negative impacts were found. In addition, in accordance with CEQA, the
construction of the Improvements is Categorically Exempt pursuant to Section 15301, Existing
Facilities, and a Notice of Exemption will be filed with the San Bernardino County Clerk.
FISCAL IMPACT:
A total of $1,601,955 will be budgeted for the Improvements from the following sources: $600,000
CDBG funds; and $1,001,955 from Central City Bond Proceeds and State College Golf Course Lease
Payments.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Maggie Pacheco, Deputy Director
P:\Agenc:\all\Corrm Dev Conunission\CDC 2005\0.5-05-02 California 'fhcatre.Award ofContTacl SRdoc
-
COMMISSION MEETING AGENDA
Meeting Date: 05/02/2005
Agenda Item Number: ~
ATTACHMENT I
CITY OF SAN BERNARDINO - ACCESS APPEALS BOARD
StaR Report
HEARING DATE: OctObe!} 2004
SUBJECT: Ratification by the Access Appeals Board of an Unreasonable Hardship
Exception for the California Theatre Banquet Facility Project
SUBJECT
ADDRESS: 562 West 4th Street
APPLICANT:
San Bernardino Economic Development Agency
BACKGROUND: The project consists of the conversion of a vacant space to a banquet
facility on the second floor of the California Theatre. The theatre is a qualified historical
building.
In order to comply with CBC 1134B the following improvements will be required:
1. Primary Entrance and Path of Travel
A set of automatic (power assisted) doors will be provided at the main entrance to the
theatre due to a lack oflevellandings as allowed by the California Historical Building
Code, Section 8-603.3.
_ An elevator will be installed to provide access from the theatre lobby to the banquet
facility on the second floor.
_ Ramps and handrails on the second floor will be installed to provide access to the
banquet facility.
2. The men's and women's restrooms on the second floor which will serve the area of remodel
are required to be altered to be accessible to persons with disabilities. In lieu of making these
restrooms accessible, the California Historical Building Code, Section 8-603.4 would permit
the installation of one unisex restroom.
The applicant, the San Bernardino Economic Development Agency, has requested an
unreasonable hardship exception to allow the reconstruction of the restrooms to be deferred
and phased-in. The project is funded by federal block grants and currently available funding is
not adequate to complete the project with all accessibility improvements.
ANALYSIS: The proposed remodel to create a banquet room on the second floor of the theatre
triggers certain accessibility requirements pursuant to CBC 1 134B.2.1. These requirements
include an accessible primary entrance to the building, an accessible path of travel to the area of
remodel, accessible restrooms, drinking fountains and public telephones serving the area of
remodel. There are no drinking fountains or public telephones existing or proposed.
Pursuant to CBC Section 222, an Unreasonable Hardship exists when the enforcing agency finds
that compliance with the building standard would make the specific work of the project
unfeasible, based on an overall evaluation of the following factors: 1) the cost of providing
access, 2) the cost of all construction contemplated, 3) the impact of accessibility improvements
on the financial feasibility of the project, 4) the nature of the accessibility gained or lost, and
5) the nature of nse of the facility and its availability to persons with disabilities.
The following is a summary of these factors in the instant case:
1. THE TYPE OF FACILITY IS: Banauet Facilitvrrheatre
2. THE FACILITY IS USED BY THE PUBLIC FOR: _ Civic Functions. Banauets.
Lectures. in Conjunction With the Live Performance Theatre .
3. THE COST OF PROVIDING ALL REQUIRED ACCESS FEATURES (pursuant to
CBC 1134B): $ 365.500
4. THE TOTAL COST OF CONSTRUCTION OF THE FACILITY (without required
access features): $575.000
5. THE IMPACT OF THE ACCESSIBILITY IMPROVEMENTS ON THE FINANCIAL
FEASIBILITY OF THE PROJECT:
The would increase the cost of the project by ~ercent. Based on the currently
available grant funding this increase in costs would make the project financially
infeasible.
The Unreasonable Hardship Exception was granted by the Department based on the fact that the
costs of accessibility improvements are disproportionate to the overall cost of construction, and
increase the overall cost of the project by 64% from $575,000 to $940,500, thus making the
project financially infeasi1:>le.
The applicant's proposal to phase-in the required upgrades (See Attachment B) to the restroom
facilities would result in full compliance, albeit on a deferred basis. Phase 1 of the project would
include the remodel to the banquet facility and the entrance and path of travel requirements (Le.
automatic doors, elevator, and ramps) the latter of which adds $202,000 or 35% to the cost of the
project. This disproportionate cost of greater than 20 percent justifies the approval of the
unreasonable hardship.
As noted earlier, an alternate approach would be to provide one unisex restroom as permitted by
the California Historical Building Code, Section 8-603.4. The applicant feels that the facility
and its patrons, disabled and able-bodied alike would be better served by expending the
additional funds to retrofit the outdated multi-accommodation men's and women's restrooms.
If full funding to complete Phases II and III could not be obtained within the timeframe
stipulated, then the EDA could comply by installing the unisex restroom.
Pursuant to CBC Section 1104B.5 and 101.17.11 the findings and determination of the
Department are subject to ratification by the Access Appeal Board.
STAFF RECOMMENDATION:
That the Access Appeals Board ratifY the Department's approval of the Unreasonable Hardship
Exception to allow the construction of required restroom upgrades to be phased-in in accordance
with the schedule in the application (attachment B), and
If funding cannot be secured to complete the retrofit of the multi-accommodation restrooms
within one yj:aI, then a unisex restroom shall be installed.
Attachments:
A. Notice of Action By the Building Official date Sept. 24, 2004
B. Memorandum from the Economic Development Agency dated Sept. 23, 2004
Attachment A
NOTICE OF ACTION BY TIlE BmLDING OFFICIAL IN REGARDS TO
UNREASONABLE HARDSHIP APPLICATION
September 24, 2004
Maggie Pacheco, Deputy Director
Econornic Development Agency
201 North E Street
San Bernardino, CA 92418
RE: Projeet Address: 562 West 4th Street
Permit No. 80302685.
Project Name: California Theatre Banquet Facilitv
Dear Ms. Pacheco,
An application for an unreasonable hardship exception has been filed with this office.
The following action was taken:
[ ] The above referenced project has been denied an unreasonable hardship
exception under CCR Title 24, Part 2, CBC Section 1134B. The reasons for denial are:
[X] The above referenced project has been granted an unreasonable hardship
exception from the requirements of the State of California Disabled Access Regulations
Pursuant to CCR Title 24, CBC SecMn 11048.5 and 1134B. Th!$. e:x;c4lptionapplies
ol'dy to the following accellsibility feature(s): Acc4llJSible~...stUlthesDOnd
floor. the construction of which is to be deferred based on the schedule contained in
the attached memorandum dated September 21. 2004.
All other accessibility features required pursuant to CBC Section 1134B must be
provided and the cost of these improvements must be at least 20 percent of the
project costs. The cost of these features is $ 202.000, which is greater than or equal
to $ 115.000 (project costs: $575.000 X .20). These required improvements
include: - see list of imorovements contained in the BDolication -
A2
The following findings are made:
1. TIlE TYPE OF FACILITY IS: Banauet FacilitvfIheatre
2. TIlE FACILITY IS USED BY TIlE PUBLIC FOR: _ Civic Functions.
Banauets. Lectures. in Coni unction With the Live Perfonnance Theatre .
3. TIlE COST OF PROVIDING ALL REQUIRED ACCESS FEATURES (pursuant
to CBC 1134B): $ 365.500
4. THE TOTAL COST OF CONSTRUCTION OF TIlE FACILITY (without
required access features): $575.000
5. TIlE TITLE 24 ACCESSIBILITY IMPROVEMENTS WOULD IMPACT ON
TIlE FINANCIAL FEASIBILITY OF TIlE PROJECT AS FOLLOWS:
Would increase the cost of the project by 64 percent.
COMMENTARY:
The project consists of the conversion of a vacant space to a banquet facility on the
second floor of the California Theatre. The theatre is a qualified historical building.
In order to comply with CBC 1134B the following improvements will be required:
I. Primary Entrance and Path of Travel
A set of automatic (power assisted) doors will be provided at the main entrance to
the theatre due to a lack of level landings as allowed by the California Historical
Building Code, Section 8-603.3.
An elevator will be installed to provide access from the theatre lobby to the
banquet facility on the second floor.
Ramps and handrails on the second floor will be installed to provide access to the
banquet facility.
2. The men's and women's restrooms.on the second floor which will serve the area of
remodel will be reconstructed to be accessible to persons with disabilities.
The applicant, the San Bernardino Economic Development Agency, has requested an
unreasonable hardship exception to allow the reconstruction of the restrooms to be
deferred and phased-in. The project is funded by federal block grants and the currently
available funding is not adequate to complete the project with all accessibility
improvements.
This Unreasonable Hardship Exception is granted based on the fact that the costs of
accessibility improvements are disproportionate to the overall cost of construction, and
increase the overall cost of the project by 64% from $575,000 to $940,500.
2
A3
Pursuant to CBC 1104B.5 this approval is subject to ratification by the Access Appeals
Board.
The following person provided information for the above referenced project.
Name:Mal!lrie Pacheco and Paul Guerrero Telephone: 909-663-1044
Firm: San Bernardino City Economic Develooment Al!encY
Address: 201 N. E Street. San Bernardino. CA 92418
PLEASE TAKE NOTICE that if you disagree with this determination, you may appeal
to the Access Appeals Board. An application for appeal is attached. An application for
appeal shall be filed with the City Clerks Office located at City Hall, 300 North D Street,
Second Floor, San Bernardino, CA 92418.
If you should have any questions regarding this matter please contact the undersigned at
909-384-5171.
Sincerely,
JOse~
Building Official
n:UR
CC: James Funk, Director
Inspector
HD file
3
/17T/lC-Anc;wT fi
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
MEMORANDUM
TO: Joe Lease, Building Official
FROM: Maggie Pacheco, Deputy Director
SUBJECT: EXCEPTION DUE TO UNREASONABLE HARDSHIP FROM
ACCESSIBILITY GUIDELINES - CALIFORNIA THEATRE,
562 WEST 4TH STREET
DATE: September 23,2004
COPIES: Mayor Judith Valles, Councilmember Estrada, Paul Guerrero,
James Willmott, and Gary Van Osdel, File
ENCLOSURE: Copies of Ground and Balcony Diagrams and Photographs.
REQUEST
The Redevelopment Agency of San Bernardino (the "Agency") is requesting an exception to the
State of California 2000 Disabled Accessibility Act, under Section "Unreasonable Hardship" (I-
5), administered by the City's Building Division to phase-in the required accessibility
improvements over a period of 3 to 5 years for the proposed renovation of the existing two-story
California Theatre (the "Theatre").
BACKGROUND
The Agency is proposing interior/exterior renovation to the second floor of the Theatre that will
include: a second floor banquet/dining/lecture room, food service room (serve-only), dressing
room, waitress areas, installation of an elevator and second floor ramps for handicap
accessibility. The allocated approved budget for the renovation of the Theatre is $600,000 from
Federal Community Development Block Grant funds. A construction estimate based on the
approved plans dated Febrtlary 18, 20M, the. total construction cost was . estimated at $7:60,000.
However, due to discovered structural items not originally addressed in the approved plans, the
Agency anticipates the construction cost to exceed $760,000.
The $760,000 did not take into consideration all the necessary accessible improvements required
under the Act because the original Architect assumed that the Theatre was handicap accessible.
Given this, it is the Agency understanding that the overall construction budget could indeed be
approaching the $1 million range. Due to budget constraints, in order to accomplish these
improvements, it will be necessary for the Agency to complete these needed improvements in
phases as funds are appropriated by the Mayor and Common Council/Community Development
Commission.
ANALYSIS
Based on the provisions under the Act, the Agency submits the following information to assist
you in rendering an exception decision in this matter:
82
1) The cost of providing access:
The estimated cost for providing accessible elements along the path of travel from the first to
the second floor of the Theatre's banquet/dining/lecture room:
Item Activity Description (Items A - C) Cost
A. I). Installation of main entrance/exit automatic doors (I set) $ 10,500
2). Installation of an elevator (hoist way and car) $185,000
3). Installation of accessible ramps and rails $ 6,500
Snbtotal Estimated Costs (A): $202,000
B. 1). Men's 2nd floor Restroom Renovation and Accessible Improvements $ 66,000
C. I). Women's 2nd floor Restroom Renovation and Accessible Improvements $ 97,500
Subtotal Estimated Costs (B and C): $163,500
Total Estimated Cost for Providing Access (A, B, and C): $365,500
2) The cost of all construction without access improvement contemplated:
The first cost estimate of construction without access improvements IS contemplated at
$575,000.
3) The impact of access improvements on financial feasibility of the project:
The impact of the proposed improvements on financial feasibility of the project is an increase
of $365,500 over the estimate cost of $575,000. The required accessibility improvements
increased the costs of the project by 64%. The project is proposed to be funded by Federal
Community Development Block Grant funds. The current funding in the amount of
$600,000 is not adequate to complete the project with all the required access improvements.
Thus, the accessibility improvements make the project financially infeasible unless the
improvements can be accomplished in phases. Given these costs, the Agency does not
presently have enough financial resources to address the necessary improvements
concurrently. Therefore, we are requesting that the required improvements be allowed to be
phased-in as follows:
The proposed phases are as follows:
PHASES OF ACCESSmLE CONSTRUCTION (Items A-C)
Item FY 2005-2006 Cost Accumulated % of Construction Cost
A. Main Entrance/Exit Automatic Door-(1 set) $10,500 ($202,000 / $575,000)
Elevator - Hoist way and Car $185,000 35%
Accessible Ramps and Handrails $6,500
B. FY 2006-2007 Cost Accumulated % of Construction Cost
Men's 2nd floor Restroom Renovation $66,000 ($268,000 / $575,000)
and Accessible Improvement 47%
2
63
C. FY 2007-2008 Cost Accumulated % of Construction Cost
Women's 2nd floor Restroom Renovation $97,500 ($365,500 / $575,000)
and Accessible Improvement 64%
4) The nature of the accessibility which would be gained or lost:
The following are the accessibility items that would be gained in the path of travel:
A. Accessible main entrance/exit with the automatic doors - (1 set);
B. Direct access to the second floor with the installation of the elevator;
C. Direct access from the second floor down into the banquet/dining/lecture room with the
installation of the ramps and handrails;
D. Accessible 2nd floor men's restroom;
E. Accessible 2nd floor women's restroom and
F. No public telephones or drinking fountains are planned in the renovation.
5) The nature of use of the facility under construction and its availability to persons with
disabilities:
The California Theatre, a qualified national historical building, is a cornerstone of the
downtown revitalization efforts of the City of San Bernardino and is now adjacent to a 20-
screen multiplex movie theater effectively creating an entertainment district in the heart of
downtown. The current use of the Theatre consists of a community multi-use facility that
includes live production performances, pre and post receptions, civic functions and lectures
open to the general public.
The proposed banquet facility will be available to civic organizations and Theatre patrons. It
will provide a venue for pre and post receptions, lectures, art exhibitions, civic functions, and
for the various arts groups to carry out fundraisers to support and market their programs. The
Theatre has estimated that the majority of patrons are over 40 years old and that the
percentage of disabled patrons is likely to be relatively high in comparison to typical public
accommodations.
ADDITIONAL BACKGROND
The Agency has provided information depicting the honeycomb concrete structure of the Theatre
bllilt in 1928. The Theatre's noncflexible honeycom.bstructure and floor plan provides 6Illyone
feasible location for an accessible elevator, the east hallway in an existing bathroom spaced
between the honeycomb concrete structure. Other locations available for elevator placement,
such as, the exterior west and east wall of the Theatre adjacent to the lobby, the west hallway in
the women's restroom and the center of lobby area are not feasible based on the architecture of
the Theatre, Theatre's lobby/patron circulation, encroachment onto adjacent properties, and
monetary availability.
CONCLUSION
The Agency requests approval from the Access Appeal Commission to phase-in the construction
of the mandated accessibility improvements over a period of 3 to 5 years due to the noted budget
constraints.
3
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CALIFORNIA THEATRE 562 West 4th Street, San bernardino
Path of Travel
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Front Exterior Elevation
Proposed Entry/Exit Automatic Doors 1 Set
Front Interior Lobby Elevation
Proposed Entry/Exit Automatic Doors 1 Set
ATTACHMENT 2
Proposed First Floor Elevator Location
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Proposed Second Floor Elevator Location
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ATTACHMENT 3
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Front 2nd Floor Elevation Theater Side
Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room
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Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room
PLATFORM AREA
ATTACHMENT 4
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Front 2nd Floor Elevation Banquet Side
Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room
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Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room
ATTACHMENT 5
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Front 2nd Floor Elevation Banquet Side
Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room
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Front 2nd Floor Elevation Banquet Side
Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room
ATTACHMENT 6
/3/0
Other Location Available for Elevator Placement
Location Was Evaluated and Found Not Feasible due
to Alteration/Disruption of the
Historical Fabric of the Building
Interior Elevation of Centralized Stairwell in the Lobby
Lobby/Elevator
*Interrupts the Theater's Lobby/Patron Circulation (Safety Issue)
and Takes Up Valuable Floor Space on First and Second Floor.
ATTACHMENT 7
Other Location Available For Elevator Location
Locatiyns Were Evalu~d Found Not Feasible
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Exterior West Elevation Lobby Elevator
Encroachment onto Adjacent Property and requires
Women's 1 st and 2nd Floor Restroom Reconfiguration
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Exterior East Elevation Lobby Elevator
Encroachment onto Adjacent Property and requires
Men's 1 st and 2nd Floor Restroom Reconfiguration
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ATTACHMENT 8
CUT T-4R X 6'.gR 1.111". HOle IN
S- CONCRETE SLAB FOR
ELEVATOR
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ARE PLUS: OR
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10" X 24" CONCRETE BEAM HONEY COMB STRUCTURE.
BEAM RUNNING NORTH AND SOUTH
CONCRETE BEARING WALL (LOBBY)
STRUCTURE PHOTOGRAPH #1 VIEW NOTE PROPOSED LOCATION FOR ELEVATOR
ATTIC ABOVE FIRST FLOOR 712/04 BETWEEN BEAMS AND WALL
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RELOCATION AREA FOR EXISTING NC UNIT TO ALLOW
INSTALLATION OF ELEVATOR
. REFERENCE ATTACHMENT 9
STRUCTURE PHOTOGRAPH #2 VIEW
ATTIC ABOVE FIRST FLOOR 7/24/04
ATTACHMENT 11
--
Ills
10" x 24" CONCRETE BEAM
HONEY COMB BEAM RUNNING
NORTH & SOUTH
10" x 24" CONCRETE BEAM
HONEY COMB BEAM RUNNING
EAST & WEST
STRUCTURE PHOTOGRAPH #3 VIEW
EXISTING FLOOR PLAN 7/24/04
. REFERENCE ATTACHMENT 9
ATTACHMENT 12
Future Renovation
Phase of Women's
Restroom Shown
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ATTACHMENT 13
ATTACHMENT II
BID RESULTS
Project: Redevelopment Agency of the City of San Bernardino
CALIFORNIA THEATRE PROJECT - 562 WEST 4TH STREET, SAN BERNARDINO
Date of Bid Results: April 12, 2005
BID DESCRIPTION
SUBMITTED BIDS
CONTRACTORS AND DOLLAR AMOUNTS
Inland Acoustics, Inc. JM Builders Inc. Fischer Plumbing
Base Bid Schedule
(Asbestos, Lead Paint, Elevator, Etc) $ 252,753.00 $ 441,000.00 $ 1,007,180.00
Bid Schedule Alternative 1
(Floor System for 2nd Floor) $ 59,460.00 $ 104,000.00 $ 139,800.00
Bid Schedule Alternative 2
(Front Wall, French Doors & Windows) $ 142,294.00 $ 150,000.00 $ 115,670.00
Bid Schedule Alternative 3
(Banquet Entry Doors, Etc) $ 29,631.00 $ 46,000.00 $ 179,880.00
Sub Total Base Bid, 1, 2 & 3 $ 484,138.00 $ 741,000.00 $ 1,442,530.00
Bid Schedule Alternative 4
(Banquet/ Dinning! Kitchen Room, Etc) $ 532,285.00 $ 440,000.00 $ 265,780.00
Bid Schedule Alternative 5
(Kitchen Equipment & Installation) $ 65,896.00 $ 52,000.00 $ 226,500.00
Bid Schedule Alternative 6
(Finish Carpentry & Ceiling Finishes) $ 136,633.00 $ 97,000.00 $ 29,720.00
Sub Total 4, 5 & 6 $ 734,814.00 $ 589,000.00 $ 522,000.00
Bid Schedule Alternative 7
(2nd Floor Women's Restroom) $ 114,860.00 $ 156,000.00 $ 42,320.00
Bid Schedule Alternative 8
(2nd Floor Men's Restroom) $ 59,227.00 $ 150,000.00 $ 39,800.00
Sub Total 7& 8 $ 174,087.00 $ 306,000.00 $ 82,120.00
Total Base Bid & Alternatives 1- 8 $ 1,393,039.00 $ 1,636,000.00 $ 2,046,650.00
LIST OF ALL CONTRACTORS WHO PICKED.UP A BID PACKAGE
Arrowhead Mechanical, Incorp. 209 North Waterman Avenue, San Bernardino, CA 92412
Fischer Plumbing 1372 West 26th Street, San Bernardino, CA 92405
Inland Acoustics, Inc. 323 South Sierra Way, San Bernardino, CA 92408
JM Builders Incorporated P.O. Box 1741, Redlands, CA 92373
S3 Construction 872 Towne Center Drive, Pomona, CA 91767
"CONSTRUCTION CONTRACT AND
EXHIBITS AND GENERAL CONDITIONS"
1
RESOLUTION NO. -COpy
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE A CONSTRUCTION CONTRACT
BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE
IMPROVEMENTS TO THE CALIFORNIA THEATRE
2
3
4
5
6
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i
7
a community redevelopment agency duly created, established and authorized to transact busines
and exercise its powers, all under and pursuant to the California Community Redevelopmen
8
9
LaW, (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod
10
commencing at Section 33000; and
11
WHEREAS, the Agency owns the California Theatre of the Performing Arts (th
12
"Theatre") and the Agency desires to cause the Theatre to be improved in accordance with th
plans and specifications ("Improvements") as approved by the City of San Bernardino Buildin
13
14
and Safety Division; and
15
WHEREAS, in order to construct said Improvements, on March 23, 2005, the Agenc
16
solicited bids for the construction of the Improvements to the Theatre in accordance with th
17
Public Contracts Code and the Agency received three (3) competitive bids; and
18
WHEREAS, Inland Acoustics, Inc. (the "Contractor"), was determined to be the Iowan
19 responsible qualified bidder and the Agency desires to retain the services of the Contractor t
20
perform said Improvements in accordance with the terms and conditions of the constructio
21
contract attached hereto and incorporated herein by said reference (the "Contract").
22
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
FOLLOWS:
23
24
25
Section 1.
The Commission hereby approves the Contract between the Agency and
Contractor attached hereto and incorporated herein by reference.
-1-
,:\AplUbl\ReMllltleal\Relelllltlnl\J..5\05oI5-tZ C.llfel'llilll'ltntre-AwlnI .fCulrKt Ilne.doc
Section 2.
The Executive Director of the Agency is hereby authorized to execute the
2 Contract on behalf of the Agency in substantially the fonn attached hereto, together with such changes
3 therein as may be approved by the Executive Director and Agency Counsel. The Executive Director or
4 such other designated representative of the Agency is further authorized to do any and all things and take
5 any and all actions as may be deemed necessary or advisable to effectuate the purposes of the Contract,
6 including making non-substantive modifications to the Agreement.
The Resolution shall become effective immediately upon its adoption.
7 Section 3.
8 11/
/11
9
/11
10
/11
11
11/
12
/11
13
11/
14
/11
15
11/
16
11/
17 11/
18 11/
19 11/
20 11/
21 /11
22 /11
23 /11
24 /11
25 11/
11/
-2-
r:\AchMh~..tiuI\R.eM"''''I\2..5\l5-ts.o2 Callie,... nntre-AwlnI.fC..1rad lbM.dK
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE A CONSTRUCTION CONTRACT
BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE
IMPROVEMENTS TO THE CALIFORNIA THEATRE
3
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6
Community Development Commission of the City of San Bernardino at a
meeting
7 thereof, held on the day of
8 Commission Members: Aves
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 KELLEY
JOHNSON
14
MC CAMMACK
15
, 2005, by the following vote to wit:
Navs
Abstain
Absent
16
17
Secretary
18 The foregoing resolution is hereby approved this
day of
,2005.
19
20
21
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
22
Approved as to form and Legal Content:
23
24 By:
25
Agency C nsel
-3-
r:\ApadIII\Rne"dIIu\ReM~2 c.u..... Tltntre-Aw.rd .'C..tnet Rae.dctc:
t'
it. W .. -~ ..
"CONSTRUCTION CONTRACT AND
EXHIBITS AND GENERAL CONDITIONS"
o
013
14
025
If
RESOLUTION NO. -t (Q) lPY
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE A CONSTRUCTION CONTRACT
BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE
IMPROVEMENTS TO THE CALIFORNIA THEATRE
3
4
5
6
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i
7
a community redevelopment agency duly created, established and authorized to transact busines
8
and exercise its powers, all under and pursuant to the California Community Redevelopmen
9
Law, (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod
10
commencing at Section 33000; and
11
WHEREAS, the Agency owns the California Theatre of the Performing Arts (th
12
"Theatre") and the Agency desires to cause the Theatre to be improved in accordance with th
plans and specifications ("Improvements") as approved by the City of San Bernardino Buildin
and Safety Division; and
15
WHEREAS, in order to construct said Improvements, on March 23, 2005, the Agenc
16
solicited bids for the construction of the Improvements to the Theatre in accordance with th
17
Public Contracts Code and the Agency received three (3) competitive bids; and
18
WHEREAS, Inland Acoustics, Inc. (the "Contractor"), was determined to be the Iowan
19
responsible qualified bidder and the Agency desires to retain the services of the Contractor t
20
perform said Improvements in accordance with the terms and conditions of the constructio
21
contract attached hereto and incorporated herein by said reference (the "Contract").
22
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
FOLLOWS:
23
24
Section 1.
The Commission hereby approves the Contract between the Agency and
Contractor attached hereto and incorporated herein by reference.
.1-
p.\..t.........u\R.....I..I......\R.._I..tia...\!fWlo;\Il"-O~Ol r.lir..rnis Thulr........... .rc..,.....,1 ..........~
O2
Section 2.
The Executive Director of the Agency is hereby authorized to execute the
Contract on behalf of the Agency in substantially the form attached hereto, together with such changes
therein as may be approved by the Executive Director and Agency Counsel. The Executive Director or
3
5
such other designated representative of the Agency is further authorized to do any and all things and take
any and all actions as may be deemed necessary or advisable to effectuate the purposes of the Contract,
including making non-substantive modifications to the Agreement.
The Resolution shall become effective immediately upon its adoption.
4
6
7 Section 3.
8 /II
9 /II
/II
10
/II
11
/II
12
/II
0 13
/II
14
/II
15
/II
16
/II
17
/II
18 /II
19 /II
20 fll
21 /II
22 /II
23 1/1
24 /II
025 1/1
/II
-2-
r:\AlI:lndu\Rnolatio.s\RnolutIoIlS\Z005\OS.Os..Ol CoUI.ron Thntr~A\...rd or C..euCl Rn..h~
01
2
013
14
025
3
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE A CONSTRUCTION CONTRACT
BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE
IMPROVEMENTS TO THE CALIFORNIA THEATRE
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6
Community. Development Commission of the City of San Bernardino at a
meeting
7
thereof, held on the
day of
, 2005, by the following vote to wit:
8
Commission Members:
Absent
Aves
Navs
Abstain
9
ESTRADA
10 LONGVILLE
11
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
12
15
16
17
Secretary
18 The foregoing resolution is hereby approved this
day of
,2005.
19
20
21
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
22
Approved as to form and Legal Content:
23
24
By:
-3.
r:\Altndu\lb,....t..s\R'..IIIIJoa.UOO!\o5-0s-.J C.llr.".l. n..tr~A.nd.f C.II'r'Ilct Rtto.dol:
c
"CONSTRUCTION CONTRACT AND
EXHIBITS AND GENERAL CONDITIONS"
o
o
o
o
10
I
I
I
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
PUBLIC WORKS PROJECT CONTRACT
(Interior Building Work on the Second Floor of the California Theatre Including Asbestos
and Lead-Based Paint Abatement, Interior Demolition and Renovation and Construction)
THIS PUBLIC WORKS PROJECT CONTRACT (the "contract" or "Contract"), is made and entered
into as of this 2nd day of May, 2005, by and between Redevelopment Agency of the City of San Bernardino
(referred to herein as the "Owner" or the "Agency") and Inland Acoustics Inc., a California corporation (the
"Contractor").
WITNESSETH: THAT THE PARTIES HERETO HAVE MUTUALLY COVENA."i'TED AND
AGREED, ANI) BY THESE PRESENTS DO COVENANT AND AGREE WITH EACH OTHER AS
FOLLOWS:
I. THE CONTRACT DOCUMENTS. This Contract incorporates by reference the following documents
which are collectively referred to herein as the Contract Documents:
Notice of Inviting Bids; and
Bid and Contract Document Package With Standard Project Construction Plans and Specifications
issued March 27, 2005; and
the Contractor'sl Bidder's Proposal Incorporating Related Bidder's Documents Contractor'sl Bidder's
Proposal (Bid Form), as submitted by the Contractor to the Agency on April 12,2005, and accepted by
the Agency on May 2, 2005, as evidenced by the signature of the Agency's authorized representative at
page 14 of this Contract; and
the Performance Bond; and
the Labor and Material Bond; and
Construction Drawing Sheets, as identified below in the table:
SHEET SHEET NAME DATED
NO.
A - 1.0 Overall Floor Plan - I" Level 11/9/04
A-2.0 Overall Floor Plan - 2"d Level 11/9/04
A-3.0 Demolition Plan - 2"" Level 11/9/04
A-3.1 Demolition Plan - Office Area I" Level 11/9/04
A- 3.2 Demolition Plan - Elevator Area I" Level 11/9/04
A - 3.3-3.5 Asbestos and Lead Paint 12/27/04
A-4.0 Partial Floor Plan - I" and 2"" Levels 11/9/04
A-4.1 Partial Floor Plan - Elevator/Office Area - I" Level 11/9/04
A-5.0 Ceilinl! Plan - I" and 2"d Levels 11/9/04
A-6.0 Interior Elevations 11/9/04
A-7.0 Architectural Details 11/9/04
A-8.0 Fimsh Plan - 2"d Level 11/9/04
B-l.O Restrooms Demolition Plan - tiOLevel 11/9/04
B-2.0 Restrooms Floor Plan - 2"d Level 11/9/04
B-3.0 Restrooms Reflected Ceilin~ Plan - 2M Level 1011 9/04
4821-2204.6720.1
Rede\'elopmenl Agency oflhe City of San Bernardino
Project: California Theatre 562 Wesl41h Street (RenoVlllion 2nd Floor Banquet! Leclure - Pre\'aiJinl Walts)
Page 1
o
o
c
B-4.0 Restrooms Elevations - 2no Level 11/9/04
EL-I Elevator Plan 11/9/04
ASI Accessible Standards and Requirements 11/9/04
AS2 Accessible Standards and Requirements 11/9/04
AS3 Accessible Standards and Requirements 11/9/04
AS4 Accessible Elevator Standards 2/1/04
K-I Food Service Area Equipment Plan 11118/04
SGN Structural General Notes 11/9/04
S-I Framing Plan 9/7/04
S-2 Building Sections 11/18/04
SDI Structural Details 11/10/04
SD2 Structural Details 11/10/04
EI Electrical Specifications 10119/04
E2 Electrical General Notes & T24 Compliance Forms 11/10/04
E3 Electrical Power Plan - I Sl and 2"" Levels 10/19/04
E4 Electrical Lightin!:: Plan - I Sl and 2"" Levels 10/19/04
E5 Electrical Power Plan - 2no Level 10/19/04
E6 Electrical Lighting Plan - 2nd Level 10/19/04
M-I Mechanical General Notes 10119/04
M-2 Mechanical Schedules & T24 Compliance Forms 10119/04
M-3 Mechanical Plan - 2"" Level 10119/04
M-4 Mechanical Plan - I Sl & 2nd Levels 11115104
M-5 Mechanical Details 10119/04
P-I Plumbing Notes, Specifications & Schedules 10119/04
P-2 Plumbing Plan - 200 Level 10/19/04
P-3 Plumbing Plan - 2nd Level 10119/04
P-4 Plumbin!:: Isometrics 10119/04
; and
The Contract Documents also include the following which are incorporated herein by this reference:
Instructions to Contractor's/ Bidders, Contractor's Bidder's Proposal Guaranty (Bid Bond), the
Bid Bond, as submitted by the Contractor, Contractor'sl Bidder's Certification Concerning Labors
Standards and Prevailing Wage Requirements, Contractor's 1 Bidder's Certification Concerning
Equal Employment Opportunity, Contractor's/ Bidder's Certification Concerning "Section 3"
Clause, Contractor's/ Bidder's and Vendors Certification Concerning Affirmative Action Policy,
Contractor'sl Bidder's Certification Concerning Nonsegregated Facilities, Contractor'sl Bidder's -
Certification Concerning Disadvantaged Business Enterprises (DBE) Information Good Faith
Efforts, Contractor's/ Bidder's Certification Concerning No Suspension and Debarment
Requirements for Public Works Contracts Under the Public, Contracts Code and for all Contracts
over $25,000 (49 CFR 29), Contractor's/ Bidder's Certification Concerning Trade Restrictions,
Contractor's 1 Bidder's Certification Concerning Worker's Compensation Insurance, Contractor's!
Bidder's Certification Concerning Clean Air and Water Pollution Control, Contractor'sl Bidder's
Certification Concerning Designation of Subcontractors, Contractor's! Bidder's Certification
Relating to Campaign Contributions, Non-Collusion Affidavit, Contractor'sl Bidder's Certification
Concerning Buy American, Subcontractor'sl Bidder's Statement of Experience, Subcontractor's
Certification Concerning Labors Standards and Prevailing Wage Requirements, Subcontractor's 1
Bidder's Certification Concerning Equal Employment Opportunity, the Noncollusion Affidavit,
the Certification of Insurance Coverage, copies of State of California Contractor's Licenses,
4821-2204-6720.\
Redt\tlopmenl '\gtn(~ or the City of SllD Bunllrdino
Project: California Theatre 562 Wesl4th Street (Reno\'alion 2nd Floor BanquetJ Lec:lure- PreYailinl Wages)
Page 2
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worker's compensation insurance, liability insurance policy coverage as set forth in the Contract,
the general conditions including without limitation, the general provisions of Part I of the Standard
Specifications for Public Works Construction (current edition) as modified and in use by the City
of San Bernardino for the construction and installation of public works administered by the
Development Services Department of the City (the "Greenbook"), the special conditions, the detail
specifications as noted on each of the Construction Drawing Sheets, and the regulations,
ordinances, codes, and laws incorporated therein, or in this Contract by reference or otherwise
applicable to the work, and each Addendum to the Notice Inviting Bids.
All of the Contract Documents identified above, and the text of this Contract are intended to cooperate and be
construed together so that any work called for in one and not mentioned in the other, or vice versa, is to be
executed the same as if mentioned in all said documents.
-
2. THE WORK. 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
set forth in the Contract Documents in a good and workerlike manner as called for, and in the manner designated
in, and in strict conformity with the Contract Documents. A set of the Contract Documents which has been
identified by the initials of the representative of the parties to this Contract is on file with the Agency and are,
collectively, entitled:
Redevelopment Agency of the City San Bernardino
CALIFORNIA THEATRE PROJECT - 562 WEST 4TH STREET, SAN BERNARDINO
3. CONTRACT PRICE. 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:
o The sum of One Million Three Hundred Ninety Three Thousand Thirty Nine Dollars ($1,393,039).
This figure of $1,393,000, includes all elements of the work identified as Bid Schedule Alternative Number I
through Number 8, inclusive, as set forth in the Contractor'slBidder's Proposal and Bidding Schedule as
submitted by the Contractor to the Agency on April 12, 2005 and as accepted by the Agency.
For the purpose of fixing the amount of bonds referred to in Paragraph 27 of the Instructions to Contractorsl
Bidders, the total contract price is $1,393,039.00.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true
value of any work done or any work omitted, or of any extra work which the Contractor may be required to do,
or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute
shall be considered by the parties in accordance with applicable provisions of the Contract Documents,
including the Greenbook, and the Public Contracts Code. Under no condition shall there be a cessation of
work by the Contractor during any such dispute:-This section does not exclude recovery of damages by either
party for delays.
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5. PAYMENT. Not later than the 20th day of each calendar month, the Contractor shall make a partial
payment request to the Agency on the basis of an estimate approved by the Architect and Agency of the work
performed smce the last partial payment request during the preceding month by the Contractor with (10%) ten
pcrcent of the amount of each such estimate retained by the Agency, until completion of the work and the
recordation of a Notice of Completion of all work covered by this Contract. The Agency shall make any partial
payments provided for in this contract to the Contractor within thirty (30) days of the Agency's receipt of an
undisputed and properly executed partial payment request from the Contractor. The Agency shall pay the
Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to
the Contractor within thirty (30) days of the Agency's receipt of an undisputed and properly executed partial
4821-2204-6720 1
Rede\'elopmenl Agency of the City of San Bernardino
Project: Californill Thealre 562 Wesl4th Street (RenoYalion 2nd Floor Banquell Lftlure- Prevailing Wagn)
Page 3
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payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section
685.010. Upon receipt of a partial payment request from the Contractor, the Agency shall review the partial
payment request for the purpose of determining whether or not the partial payment request is a proper partial
payment request. Any partIal payment request detennined by the Agency not to be a proper partial payment
request suitable for payment shall be returned to the Contractor by the Agency within seven (7) days of the
Agency's receipt of such partial payment request. A partial payment request returned to the Contractor by the
Agency under the provisions of this section shall be accompanied by a written document setting forth the
reason(s) why the partial payment request is not proper. The number of days for the Agency to make a certain
partial payment provided for in this Contract. without incurring interest pursuant to this section, shall be reduced
by the number of days by which the Agency exceeds the seven (7) days return period for such partial payment
request, if detennined to be improper, as set forth in this section. For the purposes of this section, a "partial
payment" means all payments due to the Contractor under this contract, exclusive of that portion of the final
payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall
be considered properly executed by the Agency, if funds are available to pay the partial payment request and
payment is not delayed due to an audit inquiry by the Agency's financial officer. The Agency will release
Contractor's retention earnings within forty-five (45) days after recordation of Notice of Completion, as defined
in California Civil Code Section 3093. Recordation ofa Notice of Completion for the work by the Agency shall
constitute the Agency's acceptance of the work.
6. LIENS. Contractor shall promptly pay all valid bills and charges for material, labor, equipment or
otherwise in connection with or arising out of the performance of this Contract, and will hold the Agency free
and harmless against all stop notices, liens and! or claims of lien for material, labor or equipment filed against
the Agency or the work or any part thereof, and from and against all expenses and liability in connection
therewith, including, but not limited to, court costs and attorney's fees resulting or arising therefrom. In the
event any stop notice, lien and! or claim of lien is filed for record against the Agency, the work, or the real
property, or in the event that the Agency receives notice of any unpaid bill or charge in connection with the
performance of this Contract, the Contractor shall forthwith either pay and discharge such stop notice, lien and!
or claim of lien and cause same to be released of record, or Contractor shall furnish the Agency with proper
indemnity, either by satisfactory corporate surety bond issued by a California admitted surety company or other
satisfactory security.
7. TIME FOR COMPLETION. All work under this contract shall be completed within a period of one
hundred forty-nine (119) calendar days from the date of the Contractor's receipt of Notice to Proceed from the
Agency.
8. EXTENSION OF TIME. Subject to the provisions of Section 9, the Contractor is delayed by acts of
negligence of the Agency, or its employees or agents, or by changes ordered by the Agency in the work, or by
strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay
authorized by the Agency, or by any justifiable cause which the Agency shall authorize, then the Contractor
shall make out a vilitten claim addressed to the Agency setting forth the reason for the delay and the extension
of the time requested and forward a copy of the claim to the Agency for approval. The Agency will evaluate the
claim and if the claim for an extension of lIme is Justifiable, the Agency will approve such an extension for an
authorized delay. No such extension of time for an authorized delay will be allowed unless written claim
therefore has been made within three (3) days after the delay became apparent.
9. LIQUIDATED DAMAGES FOR DELAY. If the Contractor is unable to complete the work within the
specified time (e.g. on or before September 30, 2005), the Contractor agrees to pay to the Agency as liquidated
damages for such delay, the sum of $250.00 for each consecutive calendar day, until the work has been
completed pursuant to the terms of this Contract. Work time extension of an additional fifteen (15) days will
only be granted to the Contractor if delay occurs due to "Act of God", such as rain, earthquake, wind, and/ or
strikes, material shortage, compliance with laws or regulations or riots.
4S21-2204-6720.\
Red"'\'I~lopml'nl Agency of the City urSan Bernardino
Project: California Theatre 562 Wesl4th Street (Renovation 2nd Floor Duquell Uc:lure - Prevailing Wages)
Page 4
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10. INDEMNIFICATIONS AND HOLD HARMLESS. The Contractor shall defend, indemnify. protect
and hold free and harmless the Agency, its officers, employees, and agents from and against any and all actions,
suits, proceedings, claims, demands, losses, costs, injuries to or death of any person or persons and expenses,
including attorney's including attorney's fees, for injury or damage of any type claimed whicjJ is brought by any
individual or entity, whether public or private, as a result of the acts, errors or omissions of the Contractor, its
officers. employees, agents, and its Subcontractors arising from or related to performance of the work required
hereunder to complete the work.
I I. INSURANCE. The Contractor shall procure and maintain insurance policies meeting the minimum
requirements set forth below. Insurance shall be provided by California admitted insurance companies with a
Best's Insurance Guide current edition rating of not less than "B(vii)". Certificates evidencing insurance
coverage shall be delivered to the Agency for each policy required herein prior to commencement of any work.
All insurance cer.tificates shall name the Agency as an additional insured and provide for thirty (30) days prior to
\\Titten notice of cancellation to the Agency.
a. Comorehensive General Liability Insurance. The Contractor shall maintain comprehensive
general liability insurance of not less than a One Million Dollars ($1,000,000) limit for each single
occurrence claim and a Two Million Dollars ($2,000,000) aggregate limit for all claims. The Contractor
must provide comprehensive general liability policy of insurance with an appropriate endorsement for
builders course of construction and fire casualty loss.
b. Automobile Insurance. The Contractor shall maintain comprehensive automobile liability
insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence.
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c. Worker's Comoensation. The Contractor shall maintain worker's compensation coverage in
accordance with the Laws of the State of California for all workers under it employ and Subcontractors
performing the work required herein.
12. LABOR PROVISIONS.
a. Minimum Wages and Prevailing Wages.
( I) All laborers and mechanics employed or performing any work shall be paid unconditionally and not
less often than once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged
to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under section l(b)(2) of the Davis-Bacon Act on behalf of laborers or
mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.( 4)
below: also, regular contributIons made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics
performing work in more than one classification may be compensated at the rate specified for each classification
for the time actually worked therein: provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage determination (includmg any additional
classification and wage rates conformed under a.(2) of this section) and the Davis-Bacon poster (WH-1321)
shall be posted at all times by the Contractor and its Subcontractors at the site of the work in a prominent and
accessible place where it can easily be seen by the workers.
o
4821-1204-1)120_1
Redc\elopmenl Agency of the Cil~ of San Bernardino
Project: California Theatre 562 WeSl41h Street (Reno\'atioD 2nd Floor Banquell Ltcture - Prev.ailing Wages)
I'age 5
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(2) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to
be employed under the contract shall be classified in conformance with the wage determination. The Agency
shall approve an additional classification and wage rate and fringe benefits therefor only when the following
criteria have been met:
(A) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(B) The classification is utilized in the area by the construction industry; and
(C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(ii) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the Agency agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Agency to the
Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within thirty (30) days of receipt and so advise the Agency or
will notify the Agency within the 30-day period that additional time is necessary.
(iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or
their representatives and the Agency do not agree on the proposed classification and wage rate (including eh
amount designated for fringe benefits where appropriate), the Agency shall refer the questions, including the
views of all interested parties and the recommendation of the Agency, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within thirty (30) days ofreceipt
and so advise the Agency or will notify the Agency within the thirty (30) day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)
(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification
under this Contract from the first day on which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent
thereo f.
(4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider
as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the
written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
b. Withholding. The Agency shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the Contractor under this
contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject
to Davis-Bacon prevailing wage requirements, which is held by the same Contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
4821 ~2204-6720.1
Redevelopment Agency orlbe Cil)" orsan Bern.ardino
ProjtCI: Camornia Theatre 562 Wnl41h Str<<t (Renovation 2nd Floor Banquel; LC{:ture- Prf'Vailing Waxes)
Page 6
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employed or working on the site of the work, all or part of the wages required by the contract, the Agency may
after written notice to the Contractor, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
c. Payrolls and Basic Records.
(l) Payrolls and basic records relating thereto shall be maintained by the Contractor during
the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics
working at the site of the work. Such records shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section
I (b )(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under paragraph a(4) of this clause that the wages of
any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section I (b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. If
the Contractor employs apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
(2) (i) The Contractor shall submit weekly for each week in which any Contract work
is performed a copy of all payrolls to the Agency. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under paragraph c(1) above. This information may
be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased
trom the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing
Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all
Subcontractors.
(ii) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the Contract and shall certify the following:
(A) That the payroll for the payroll period contains the information required
to be maintained under paragraph c(1) above and diat such information is correct and complete;
(B) That each laborer and mechanic (including each helper, apprentice and
trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(C) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the Contract.
(iii) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfY the requirement for submission of the "Statement of
Compliance" required by paragraph c.(2)(b) of this section.
4R2!-2204-6720.!
Redevelopment Agency of the City of San Bernardino
Project: California Thealre 562 Wul4th Slreet (Renovation 2nd Floor Banquril Lfc:ture - Prevailing Wages)
Page 7
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(iv) The falsification of any of the above certifications may subject the Contractor
or Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of
the United States Code.
(3) The Contractor or Subcontractor shall make the records required under paragraph c( I)
of this section available for inspection, copying or transcription by authorized representatives of the Agency, the
Department of Labor, and shall permit such representatives to interview employees during working hours on the
job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the
Department of Labor may, after written notice to the Contractor or Agency take such action as may be necessary
to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for Debarment of the
Contractor or Subcontractor pursuant to 29 CFR 5.12.
d. Apprentices and Trainees.
(I) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they perform when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the United States Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the work site in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed. In addition,
any apprentice performing work on the work site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination of the work actually performed.
Where a Contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or Subcontractor's registered program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage
of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does
not specifY fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
withdraws approv!lL of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the United
States Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the work-site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe
4821-2204-6720.1
Redevelopment Agenc~. or the City of San Bern.ardino
Projn"l: California Theatre 562 West 4th Slreet (Renovation 2nd Floor Banquetl Lrclure - Preyaililll W.lIges)
Page 8
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benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment
and Training Administration shall be paid not less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any trainee performing work on the work-site in
excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(3) Equal Emolovment Oooortunitv. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
e. Compliance With CooeJand Act Reauirements. The Contractor shall comply with the
requirements of 29 CFR Part 3, which are incorporated by reference into this Contract.
f. Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts the
clauses contained in paragraphs a. through j. of Section II of this Contract and such other clauses may by
appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any
lower tier subcontracts. The Contractor shall be responsible for the compliance by any Subcontractor or lower
tier Subcontractor with all the Contract clauses in 29 CFR 5.5.
g. Contract Termination: Debarment. A breach of the Contract clauses in paragraphs a. through j.
of this Section 12 and a. through e. of Section 13 below are grounds for termination of this Contract, and for the
Debarment of the Contractor or Subcontractor as provided in 29 CFR 5.12.
h. Compliance With Davis-Bacon and Related Act Reauirements. All rulings and interpretations
of the Davis-Bacon and Related Acts contained in 29 CFR Parts I, 3, and 5 are herein incorporated by reference
in this Contract.
1. Disoutes Concerning Labor Standards. Disputes arising out of the labor standards provisions of
this Contract shall not be subject to the general disputes provision of this Contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7.
Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontracts)
and the Agency, the U.S. Department of Labor, or the employees or their representatives.
J. Certification of Eligibilitv.
(I) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).
(2) No part of this Contract shall be subcontracted to any person or firm ineligible for
award of a government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(I).
(3) The penalty for making false statements or certifications in the making of this Contract
is prescribed in the U.S. Criminal Code, 18 U.S.c. 100\.
482] -2204-6720.]
Rede\'elopmeot Agency of Ibe CiI)" of San Bernardino
Project: California Tbealre 562 Wesl41b Sind (Renovation 2nd Floor Banquet! L<<lure- Prt"ailine: Wales)
Page 9
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13. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS. As used in the
following provision, the term "laborers" and "mechanics" include watchmen and guards.
a. Overtime Requirements. Neither the Contractor nor any Subcontractor contracting for any part
of the work which may require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek,
whichever is greater.
b. VIOlatIOn; LIabIlity for Unpaid Wal!es: LIqUIdated Damal!es. In the event of any violation of
the clause set forth in paragraph a. above, the Contractor and any Subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, the Contractor and Subcontractor shall be liable to the Agency for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above,
in the sum of$IO (ten dollars) for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the
clause set forth in paragraph a. above.
c. Withholding for Unpaid Wal!es and Liquidated Damal!es. The Agency shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold or cause to
be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor under
any such contract or any other Federal contract with the same Contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above.
d. W orkinl! conditions. Neither the Contractor nor any Subcontractor may require any laborer or
mechanic employed in the performance of any contract to work in surroundings or under working conditions
that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and
health standards (29 CFR Part 1926) issued by the Department of Labor.
e. Subcontracts. The Contractor and any Subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs a. through d. and also a clause requiring the Subcontractor to include these clauses in any
lower tier subcontracts. The Contractor shall be responsible for compliance by any Subcontractor or lower tier
Subcontractor with the clauses set forth in paragraphs a. through d.
14. NONDISCRIMINATION. The Contractor, with regard to the work performed by it during the
Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of
Subcontractors, including procurements of materials and leases of equipment. The Contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the Contract covers a program set forth in Appendix B of the Regulations.
15. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS. The Contractor,
subrecipient or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex 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.
The Contractor agrees to pay each Subcontractor under this contract for satisfactory performance of its Contract
no later than ten (10) days from the receipt of each payment the Contractor receives from Agency. The
Contractor agrees further to return retainage payments to each Subcontractor within seven (7) days after the
4821-2204-6720.1
Redevelopment Agency of the Cil)' or San Bernardino
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Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause followmg written approval of the Agency. This clause
applies to both Disadvantage Business Enterprises (DBE) and non-Disadvantage Business Enterpnses
Subcontractors.
16. CNIL RIGHTS. The Contractor assures that it will comply with pertinent statutes, Executive Orders
and such rules as are promulgated to assure that no person shall, on the grounds ofrace, creed, color, national
origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from
Federal assistance. This Provision binds the Contractor from the bid solicitation period through the completion
of the Contract. This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers.
17. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS
AND EQUIPMF;NT. In all solicitations either by competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements of materials or leases of equipment, each
potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this
Contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin.
18. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Agency to be pertinent to ascertain
compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is
in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so
certify to the Agency, as appropriate, and shall set forth what efforts it has made to obtain the information.
19. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this Contract, the Agency shall impose such contract sanctions as determine to
be appropriate, including but not limited to:
a. Withholding of payments to the Contractor under the Contract until the Contractor
complies, and/or
b. Cancellation, termination or suspension of the Contract, in whole or in part.
20. INSPECTION OF RECORDS. The Contractor shall maintain an acceptable cost accounting system.
The Agency, the Comptroller General of the United States or any of their duly authorized representatives shall
have access to any books, documents, paper, and records of the Contractor which are directly pertinent to this
Contract or the work for the purposes of making an audit, examination, excerpts, and transcriptions. The
Contractor shall maintain all required records for three (3) years after the Agency makes final payment and all
other pending matters are closed.
21. RIGHTS IN INVENTIONS. All rights to inventions and materials generated under this Contract are
subject to regulations issued by the Agency. Information regarding these rights is available from the Agency.
22. BREACH OF CONTRACT TERMS. Any violation or breach of terms of this Contract on the part of
the Contractor or its Subcontractors may result in the suspension or termination of this Contract or such other
action that may be necessary to enforce the rights of the Agency under this Contract. The duties and obligations
imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and
not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
4821 ~2204-6720.1
Redl'\"elopmenl Agl'lKY of the City of San Bunllrdino
Project: California Tbelltrt 562 West 4th Street (Renovation 2nd FloOJ' Banquetl Leetun - Prevailioc Walts)
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23. TERMINA nON OF CONTRACT BY AGENCY.
a. The Agency may, by written notice, terminate this Contract in whole or in part at any time,
either for the Agency's convenience or because of the Contractor's failure to fulfill it's Contract
obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice
directs otherwise) and all materials as may have been accumulated in performing this Contract, whether
completed or in process, delivered to the Agency.
b. If the termination is for the convenience of the Agency, an equitable adjustment in the Contract
price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the Contractor's obligations, the Agency may take
over the. work and prosecute the same to completion by Contract or otherwise. In such case, the
Contractor shall be liable to the Agency for any additional cost occasioned to the Agency thereby.
d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the
Contractor had not so failed, the termination shall be deemed to have been effected for the convenience
of the Agency. In such event, adjustment in the contract price shall be made as provided in paragraphb2
of this clause.
e. The rights and remedies of the Agency provided in this clause are in addition to any other rights
and remedies provided by law or under this contract.
24. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of this Contract in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
regulations of directives issued pursuant thereto. The Contractor shall take such action with respect to any
subcontract or procurement as the Agency may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is
threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may
request the Agency to enter into such litigation to protect the interests of the Agency and, in addition, the
Contractor may request the United States to enter into such litigation to protect the interests of the United States.
25. CONTRACTOR CLAIMS OF $375,000 OR LESS. Claims by the Contractor relating to the work for
(a) a time extension, (b) money or damages arising from work done by, or on behalf of, the Contractor on the
work for which payment is not expressly provided for or to which the Contractor is not otherwise entitled, or (c)
an amount that is disputed by the Agency, with a value of $375,000 or less, are subject to the claims procedures
set forth in California Public Contract Code Section 20104, et seq., except as otherwise provided in this Contract
and the incorporated documents, conditions and specifications. The provisions of California Public Contract
Code Sections 20104 through 20104.6 are incorporated by this reference into this Contract.
26. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES.
(I) No Federal appropriated funds shall be paid, by or on behalf of the Contractor or its Subcontractors,
to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
making of any Federal grant or the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor
or its Subcontractors to any person for influencing or attempting to influence an officer or employee of the
Agency, any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard
Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions.
4l:l21-2204-6720_1
Redevelopment AJ:enc~. uftbe City of San Bernardino
Proje<:t: California TMalre 562 Wesl4th Slreet (Renovafion 2nd Floor Banquell Lecture - Prenilift& Wages)
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27. ASSIGNMENT OF CERTAIN RIGHTS TO THE AGENCY. In entering into this Contract or a
subcontract to supply goods, services, or materials pursuant to this Contract, the Contractor and/or
Subcontractor offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action
it may have under Section 4 of the Clayton Act (15 U.S.c. Sec. 15) or under the CartWright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials pursuant to this Contract or the subcontract. This assignment shall be
made and become effective at the time the Agency tenders final payment to the Contractor, without further
acknowledgement by the parties.
28. ENERGY CONSERVATION REQUIREMENTS. The Contractor agrees to comply with mandatory
standards and policies relating to energy efficiency that are contained in the state energy conservation plan
issued in complillnce with the Energy Policy and Conservation Act (Public Law 94-163)
29. PROTECTION. The Contractor shall at all times provide protection against weather, rain, wind, storm
and heat so as to maintain all work, materials, apparatus and fixtures free from injury and damage. At the end of
a day's work, all new work, and the premises, likely to be damaged by failure to provide protection as required
above shall be replaced or repaired at Contractor's expense.
30. CONTRACTORS BEST SKILL. The Contractor shall supervise and direct the work using its best
efforts, skill and attention to ensure the workmanship and materials are of good quality and that the work is
completed in accordance with the Contract. Contractor shall be solely responsible for all construction means,
methods, techniques, sequences and procedures; safety on the work; and coordinating all portions on the work to
be performed by Contractor's laborers, employees, vendors and subcontractors, ifany.
31. UTILITY SERVICES. The Contractor will be able to use existing utilities without charge, including
electric power and water. If Contractor must disconnect or otherwise interrupt such services, including
plumbing fixtures, to effect repairs or replacement, the use or availability of such services shall not interfere
with the Agency's use, or operation or occupancy of the remaining areas of the structures in which the work is
performed by the Contractor. Where disruptions or disconnections of utility service will occur, Contractor shall
obtain approval of the Agency, at least twenty-four (24) hours prior to such interruption.
32. LEAD-BASED PAINT. The Contractor agrees that the use of any lead-based paints is strictly
prohibited and shall not be used on the work. Contractor agrees to submit to the Agency a lead-based paint
abatement plan (include days required and cost breakdown) with minimum abatement! disturbance/
encapsulation to surfaces indicated on the Cons'truction Drawing Sheets (cost effective method) per State of
California Department of Health Services regulations.
The Agency assumes no liability for damage to property or personal injury, illness, disability, or death to the
Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any consultant, or to any
other person, including members of the general public, arising from or incident to the work or other activity
causing or leading to contact of any kind whatsoever with Lead-Based Paint on the work-site, whether the
Agency has properly warned, or failed to properly warn, any persons injured.
33. ASBESTOS CONTAINING MATERIALS. Contractor agrees to submit to the Agency an asbestos
abatement plan (include days required and cost breakdown) with minimum abatement! disturbance/
encapsulation to surfaces indicated on the Construction Drawing Sheets (cost effective method) per State of
California Department of Health Services regulations.
The Agency assumes no liability for damage to property or personal injury, illness, disability, or death to the
Contractors, or to any consultant or employees, agents, or invitees of the Contractor or any consultant, or to any
other person, including members of the general public, arising from or incident to the asbestos abatement work
4821-2204~6720.1
Redevelopment Agency ortheCily orSan Bernudino
Project: California Theatre 562 Wesl4th Slret'1 (Renovation 2nd Floor Banquetl Le('lure _ Prevailing Wlges)
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or other activity causing or leading to contact of any kind whatsoever with Asbestos on the work-site, whether
the Agency has properly warned, or failed to properly warn, any persons injured.
34. CLEANUP. The Contractor shall keep the subject work site clean and orderly during the course of the
work. Upon completion of the work contemplated by this Contract, the Contractor shall cause all debris
resulting from such abatement work, demolition and construction to be removed from the work site at its sole
cost and expense and shall leave the work site n a neat and "broom-clean" condition.
IN WITNESS WHEREOF, three identical counterparts of this Contract, each of which shall for all
purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on the day
and year first herein written.
CONTRACTOR:
Inland Acoustics, Inc., a California corporation
(State Contractor's License No.
State Contractor's License Classification
)
Date:
By:
Print Name
Title
Date:
By:
Print Name
Title
AGENCY:
Redevelopment Agency of the City of San Bernardino
Date:
By:
Executive Director
APPROVED AS TO FORM:
~
4S2 1-2204-6720. I
Rede\elopmenl AReltCy of the City of San Bunardino
Project; California Theatre 562 Wesl41h Street (Renovation 2nd Floor Banqurl1 Lecture- Prevailing Wagts)
Page 14
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
TO:
Eileen Gomez, Senior Secretary, City Clerk's Office
FROM:
asana A. Chantha, Secretary
SUBJECT:
Executed Document
DATE:
May 3, 2005
Enclosed is the fully executed Agreement pertaining to the following resolution that was approved
by the Community Development Commission on May 2, 2005:
CDC/2005-17
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A
CONSTRUCTION CONTRACT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND INLAND ACOUSTICS, INC. FOR THE IMPROVEMENTS TO THE
CALIFORNIA THEATRE.
Should you have any questions, I can be reached at (909) 663-1044.
Thank you.
Enclosure
cc: Larry J. Hyder, Inland Acoustics, Inc. (with Original Executed Agreement)
Barbara Lindseth (with Original Executed Agreement)
Paul Guerrero (with Copy of Executed Agreement)