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HomeMy WebLinkAboutCDC/1999-27 1 RESOLUTION NO. CDC 1999-27 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE 3 DIRECTOR OF THE ECONOMIC DEVELOPMENT AGENCY (THE "AGENCY") TO AWARD AND EXECUTE A CONTRACT TO TNT CONSTRUCTORS, INC., IN THE 4 AMOUNT OF $310,959.00 FOR IMPROVEMENTS TO THE CALIFORNIA THEATRE. 5 THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE ECONOMIC DEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE, AND 6 ORDER AS FOLLOWS: 7 SECTION 1. The Executive Director of the Economic Development Agency (" Agency ") 8 is hereby authorized and directed to award and execute on behalf of said Agency a contract to TNT 9 Constructors, Inc., in the amount of $310,959.00 for improvements to the California Theatre, a 10 copy of which is attached hereto. marked Exhibit "An and incorporated herein by reference as 11 though fully set forth at length. 12 SECTION 2. The authorization to execute the above referenced Contract is rescinded if 13 the parties to the Contract fail to execute it within sixty (60) days of the passage of this resolution. 14 /II 15 /II 16 /II 17 /II 18 /II 19 I I I 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II HTC/js [TNT,RES] 1 CDC 1999-27 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE 2 DIRECTOR OF THE ECONOMIC DEVELOPMENT AGENCY (THE "AGENCY") TO AWARD AND EXECUTE A CONTRACT TO TNT CONSTRUCTORS, INC., IN THE 3 AMOUNT OF $310,959.00 FOR IMPROVEMENTS TO THE CALIFORNIA THEATRE. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 5 Development Commission of the City of San Bernardino at a joint regular 6 meeting thereof, held on the 2nd day of August 7 vote, to wit: , 1999, by the follow in 8 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 LIEN 11 MCGINNIS 12 SCHNETZ 13 (VACANT) - 5th Ward 14 ANDERSON 15 MILLER 16 17 x x x x x x / ./~/ 18 19 20 21 22 23 The foregoing Resolution is hereby approved this ~ay of August , 1999. / ) . , {'( ( ([~ JU T ALLES, Chairman C mm nity Development Commission f the ity of San Bernardino . ) 24 Approved as 0 form and legal con n: 25 26 By: 27 28 HTC/js [TNT,RES] 2 'CDC 1999-27 Exhibit A CONTRACT THIS CONTRACT is made this 11 day of , 1999, by and between the California Theatre ("Subrecipient") and TNT C structors Inc. ("Prime Contractor"). The Economic Development Agency (EDA or Agency) will be the Project Administrator, In consideration of the payments to be made hereunder and the covenants and conditions contained herein the parties hereto agree as follows: ARTICLE I. PROJECT DESCRIPTION The Subrecipient shall hereby retain the Prime Contractor to provide new roof. exterior painting to the building, repair historical neon sign. box office contiguous with the building. fire alarm pull and microphone system. ventilation to backstage restrooms and ventilation and new floors to public restrooms, for the California Theatre in accordance with: (i) the approved plans, specification, and other documents specified below in Article II ("Contract Documents") which are incorporated herein by this reference as part of this Contract as if attached hereto and (ii) the regulations implementing the Community Development Block Grant Program codified at 24 CFR 570. The Prime Contractor shall furnish all materials, supplies, tools, equipment, labor, and all other services necessary for construction and completion of this project. ARTICLE II. CONTRACT DOCUMENTS The Contract Documents include: a) Contract b) Instructions to Bidders c) Specifications prepared by Project Administrator and issued by the Agency d) List of Sub-Contractors e) Minority and Women Owned Business Enterprise Program Documents t) Certification by Proposed Contractor regarding Japanese Contract Restrictions g) Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements h) Sub-Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements i) Certification of Bidder Regarding Equal Employment Opportunity j) Section 3 Clause Form k) Contract Compliance Qualifying Report 1) Affirmative Action Policy for Contractor and Vendors m) General Conditions/Supplementary Conditions n) Payment Bond 0) Performance Bond p) Addenda Numbers as Issued q) Federal Guidelines CDC 1999-27 The Prime Contractor shall comply with any and all provisions, terms and conditions set forth or contained in the Contract Documents. ARTICLE III. COMPENSATION AND PAYMENT The Subrecipient shall compensate the Prime Contractor a sum of Three Hundred Ten Thousand. Nine Hundred Fiftv-Nine DOLLARS ($310,959) through the Project Administrator for performance of the work described in the Contract Documents, subject to additions and deductions by change order(s) as issued by the Project Administrator. On or before the fifteenth (1Sth) and thirtieth (30th) day of each month that work has been performed by the Prime Contractor as described in the Contract Documents. The Prime Contractor may submit an application for payment to the Project Administrator in accordance with the Contract Documents stating the percent of work completed and the amount of compensation due to the Prime Contractor. The Prime Contractor's compensation shall include time, material, and any other compensation to the employees of the Contractor and all Sub-Contractors hired by the Prime Contractor to perform any work required pursuant to this Contract. The Prime Contractor may receive progress payments bi-monthly based on the percentage of work completed, which shall be verified by the Project Administrator prior to payment. Within twenty-one (21) days of the date of the Project Administrator's receipt and approval of the Prime Contractor's application for payment, the Project Administrator shall pay the Prime Contractor ninety percent (90%) of the progress payment due and shall withhold ten percent (10%). All amounts withheld shall be paid to the Prime Contractor within sixty (60) days of substantial completion and acceptance by the Project Administrator of the work, as determined by the Project Administrator in its sole discretion. ARTICLE IV. INDEMNIFICATION AND INSURANCE Indemnification The Prime Contractor shall defend, indemnify, and hold harmless the Project Administrator, its officers, employees, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including attorneys' fees, for injury or damage of any type claimed which is brought by any individual or entity, whether public or private, as a result of the acts or omissions of the Prime Contractor, its officers, employees, agents, and its Sub- Contractors arising from or related to performance of the work required hereunder to complete the signage improvements. Insurance The Prime Contractor shall procure and maintain insurance policies meeting the minimum requirements set forth below. Insurance shall be provided by insurers satisfactory to the Project Administrator. Certificates evidencing insurance coverage shall be delivered to the Project Administrator for each policy required herein prior to commencement of any work. All CDC 1999-27 insurance certificates shall name the Agency as an additional insured and provide for thirty (30) days prior written notice of cancellation to the Project Administrator. A. Comprehensive General Liability Insurance. The Prime Contractor hall maintain comprehensive general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence. B. Automobile Insurance. The Prime Contractor shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence. C. Worker's Compensation. The Prime Contractor shall maintain worker's compensation coverage in accordance with the laws of the State of California for all workers under it employ and Sub-Contractors performing the work required herein. ARTICLE V. PREVAILING WAGE In accordance with 24 CFR 570.603, Section 110(a) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq.), requires that all laborers and mechanics employed by the Contractor or its Sub-Contractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 D.S.C. 327 et seq) also applies. The Prime Contractor shall submit weekly for each week in which any contract work is performed an original of all payrolls to the Project Administrator. These payrolls are to be delivered by the contractor, within seven (7) days after the regular payment date of the payroll period. The payroll records shall set out accurately and completely the name, address, social security number, classification, rate of pay, daily and weekly hours worked, deductions made and actual wages paid. Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the Prime Contractor or Sub-Contractor and shall certify that the payroll is accurate and complete as required under 5.5(a)3(i) of Regulations 29 CFR Part 5; that each employee has been paid full weekly wages without deductions other than permissible deductions as set forth in Regulations, 29 CFR Part 3; that each employee has been paid not less than the applicable wage rates and fringe benefits or cash equivalent for the classification of work performed. The Prime Contractor is responsible for the submission of payrolls by all Sub-Contractors. ARTICLE VI. TIME FOR PERFORMANCE Time is of the essence. The Prime Contractor shall commence the work required herein on the date of the Notice to Proceed which the Project Administrator shall deliver to the Prime CElC 1999-27 Contractor, and the Prime Contractor shall complete the work within One Hundred Twentv (120) calendar days of the date of the Notice to Proceed. ARTICLE VII. ENVIRONMENTAL PROTECTION Contractor agrees that he/she shall comply with the requirements of all applicable federal, state, and local environmental laws and regulations, including without limitation, the National Environmental Policy Act of 1969 ("NEP A"), The Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 6901 et seq., Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Section 9601, et ~ and the Hazardous Waste Control Law ("HWCL"), Health and Safety Code Section 25100, et seq. ARTICLE VIII. MISCELLANEOUS Notice Notices shall be presented in person or by certified or registered United States mail, return receipt requested, postage prepaid or by overnight delivery made by a nationally recognized delivery service to the addresses noted below. Notice presented by United States mail shall be deemed effective the second business day after deposit with the United States Postal Service. This Section shall not prevent giving notice by personal service or telephonically verified fax transmission which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by so notifying the other party in writing. TO SUBRECIPIENT: California Theatre 562 West Fourth Street San Bernardino, CA TO PRIME CONTRACTOR: TNT Constructors, Inc. 11910 Steeplechase Drive Moreno Valley. CA 92555 TO PROJECT ADMINISTRATOR: Economic Development Agency Of the City of San Bernardino 201 North "E" Street Suite 301 San Bernardino, California 92401 CDe 1999-27 Severabilitv In the event that anyone or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void, or illegal by a court of competent jurisdiction the same shall be deemed severable from the remainder of the Contract and shall in no way affect, impair, or invalidate any of the remaining phrases, sentences, clauses, paragraphs, or sections contained herein. Waiver Failure of either party to enforce any provision of this Contract shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this contract. Entire Contract This Contract contains the entire understanding and agreement of the parties and cannot be amended without prior written consent of the parties hereto. Amendment The Contract may be amended at any time by a written instrument signed by the parties hereto. Assignment In no event shall either parties (Prime Contractor or Subrecipient) assign or transfer any portion of this Contract without the prior written consent of the Project Administrator, which consent may be withheld in its sole discretion. The Contractor shall not assign any money due or to become due to him/her hereunder nor shall he/she pledge or attempt to pledge the credit of the Subrecipient or bind the Subrecipient to any third party. Governing Law This Contract shall be governed by the laws of the State of California. Successors And Assigns This Contract shall be binding upon the inure to the benefit of the parties hereto and their heirs, executors, administrator's successors, and assigns. Inspection The fact that any particular work ahs been inspected shall not be considered a waiver of the requirement of strict compliance with the Contract Documents. - enc- 1999-27 Contractor Not Agent Of Subrecioient Or Proiect Administrator It is expressly agreed that the Prime Contractor is not the agent or employee of the subrecipient or Project Administrator, but is an independent contractor. ARTICLE IX. PROVISIONS REQUIRED BY LAW Each and every provision of law required to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction. ARTICLE X. DEF AUL T AND ATTORNEY'S FEES Should any dispute arise between the parties hereto, with regard to performance of their respective obligations under the Contract Documents, which dispute cannot be settled between the parties and litigation is commenced, then the losing party in the litigation agrees to pay all costs and attorney's fees of the prevailing party. The cost, salary and expenses of the City Attorney and members of his office in enforcing this Contract on behalf of the Economic Development Agency shall be considered as "attorney's fees" for the purposes of this paragraph. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII CDC 1999-27 IN WITNESS WHEREOF, the parties hereto have cause this Contract to be executed as of the date first written above. SUBRECIPIENT ::'nc~ ~ Director CONTRACTOR ~ J ~~-4 L--k;..S Cnntrnc"" J A By: ~CA.<;;~ ~ 'Rl:>jc---:T fti ^ Titl;;-t ~ By: License Number: ~II JV By: