HomeMy WebLinkAboutR43-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
e FROM:
Maggie Pacheco
Executive Director
SUBJECT:
Award of a Construction Contract - California
Theatre of the Performing Arts ("Theatre")
located at 562 West 4'h Street (Central City
North Redevelopment Project Area)
DATE:
June 12, 2007
Svnopsis of Previous Commission/CouncillCommiUee Action(s):
On June 12, 2007, Redevelopment Committee Members Estrada, Johnson and Baxter unaoimously voted to recommend that
the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Communitv Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing
the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a
Construction Contract by and between the Agency and 1M Builders, Inc., for Improvements to the California Theatre
of the Performing Arts (Central City North Redevelopment Project Area)
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Central City North
Project Area(s): Redevelopment Project Area Ward(s): I
Supporting Data Attached:
o Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $ 452,400
Source:
Central City North Tax Increment
Budget Authority:
2006-2007 EDA Budget
iscal Review: It ia-I ~ ~ ~l, ~
Barbara Lindseth, Administrative Se Ices Dlfector
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Commission/Council Notes:
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P:\AgendasIConn Dcv ConunissionICDC 2007\06.18.07 1M Builders - CA Thealrc Improvemcnl$.doc
COMMISSION MEETING AGENDA
Meeting Date: 06/1812007
Agenda lIem Number: ..!f.H
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
AWARD OF A CONSTRUCTION CONTRACT - CALIFORNIA THEATRE
OF THE PERFORMING ARTS ("THEATRE") LOCATED AT 562 WEST 4TH STREET
(CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA)
BACKGROUND:
In April 2007, the Economic Development Agency (the "Agency") completed the construction plans,
specifications and general specifications to undertake and complete the next renovation phase to the
Agency owned California Theatre of the Performing Arts ("Theatre"). The Theatre is located at 562
West 4th Street, San Bernardino. The Theatre has been owned, operated and maintained by the Agency
since 1994.
The renovation improvements include, but are not limited to, the foIlowing items: restoration and
modernization of the first floor men's and women's restrooms, WiIl Rogers Lounge storage area and
janitorial closet ("Improvements").
CURRENT ISSUE:
On May 17, 2007, an advertisement for general contractors was noticed on the foIlowing days, May 17
and 23, 2007 in the Sun Newspaper and a bid package for the Theatre was made available. On June 7,
2007, although four (4) contractors picked up the bid package (Fischer, Inc., JM Builders, Inc.,
Brickley Environmental, and FGU Construction, Inc.), only two (2) bids were received in the bid
amounts equal to $377,000 and $807,774. The lowest responsible bidder was JM Builders, Inc., as
shown below:
Company
Bid Amount
JM Builders, Inc.
P.O. Box 1741
Redlands, CA 92373
$377,000.00
Fischer, Inc.
1372 West 26th Street
San Bernardino, CA 92405
$807,774.00
The Agency contacted and verified with JM Builders, Inc., that the improvements can be completed for
$377,000 bearing any unforeseen circumstances.
JM Builders, Inc., located at 26547 Park Avenue, Redlands, has an extensive background in
construction, and has been in business for more than 40 years. JM Builders, Inc., has completed and
has various on-going types of construction projects ranging from new to tenant improvement
construction, from retail to commercial, educational, governmental, industrial and historical buildings.
Their project contract amounts range from $77,000 to $2.4 miIlion. Their current and past clients
P\AgendaslCornm Dev Connission\COC 2007\06-18-07 1M Builders _ CA TheaITe In..,rovemenU,doc
COMMISSION MEETING AGENDA
Meeting Date: 06/18/2007
Agenda Item Number:
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Economic Development Agency Staff Report
JM Builders - California Theatre Improvements
Page 2
include, but are not limited to, City of Chino, County of San Bernardino Architecture and Engineering
Department, County of Riverside Department of Facilities and Management, Coachella Valley Unified
School District, Desert Sands Unified School District, San Bernardino County Superintendent of
Schools and City of San Bernardino.
Assuming the award of the contract occurs by June 18, 2007, the construction would commence
immediately following the Theatre's dark season beginning July 2, 2007, and a majority of the
Improvements (assuming no unforeseen circumstances) would be completed by September 28, 2007.
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.
ENVIRONMENTAL IMPACT:
This contract is a categorical exemption under the California Environmental Resources Evaluation
System ("CERES"), Title 14; Guidelines Chapter 3 of the California Environmental Quality Act
("CEQA"), Article 19, Section 15302, Class 2.
FISCAL IMPACT:
A total of $452,400 is budgeted for the Improvements from Central City North Tax Increment equal to
$377,000, plus a 20% contingency of $75,400.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
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P\Agendas\Comm Dev Commission\CDC 2007\06..18.07 1M Buildcn - CA Theatre I~rovemenlsdoc
COMMISSION MEETING AGENDA
Meeting Date: 06/18/2007
Agenda Item Number:
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RESOLUTION NO.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
CONSTRUCTION CONTRACT BY AND BETWEEN THE AGENCY AND
JM BUILDERS, INC. FOR IMPROVEMENTS TO THE CALIFORNIA
THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
10 community redevelopment agency duly created, established and authorized to transact business and
11 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
12 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
13 at Section 33000; and
WHEREAS, the Agency owns the California Theatre of the Performing Arts (the "Theatre")
15 and the Agency desires to cause the Theatre to be improved in accordance with the plans and
16 specifications ("Improvements") as approved by the City of San Bernardino Building and Safety
17 Division; and
18
WHEREAS, in order to construct said Improvements, on May 17,2007, bids were solicited
19 for the construction of the Improvements to the Theatre in accordance with the Public Contracts
20 Code and the Agency received two (2) competitive bids; and
21
WHEREAS, JM Builders, Inc. (the "Contractor"), was determined to be the lowest
22 responsible qualified bidder and the Agency desires to retain the services of the Contractor to
23 perform said Improvements in accordance with the terms and conditions of the construction contract
24 attached hereto and incorporated herein by said reference (the "Contract"); and
25
WHEREAS, the Improvements to be constructed pursuant to the Contract are categorically
26 exempt per article 19, Section 15302, Class 2 of the California Environmental Quality Act
e 27 ("CEQA").
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
3 FOLLOWS:
4
Section 1.
The Community Development Commission ("Commission") hereby approves
5 the Contract between the Agency and the Contractor attached hereto and incorporated herein by
6 reference and waives any irregularities in the bid as submitted by the Contractor as permitted by the
7 bid documents.
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Section 2.
The Executive Director of the Agency is hereby authorized to execute the
9 Contract on behalf of the Agency in substantially the form attached hereto, together with such
10 changes therein as may be approved by the Executive Director of the Agency and Agency Counsel.
11 The Executive Director of the Agency or such other designated representative of the Agency is
12 further authorized to do any and all things and take any and all actions as may be deemed necessary
13 or advisable to effectuate the purposes of the Contract, including making non-substantive
modifications to the Contract.
Section 3.
The Commission finds that the Improvements to be constructed under the
16 scope of the Contract are categorically exempt pursuant to CEQA.
The Resolution shall become effective immediately upon its adoption.
17 Section 4.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
CONSTRUCTION CONTRACT BY AND BETWEEN THE AGENCY AND
JM BUILDERS, INC. FOR IMPROVEMENTS TO THE CALIFORNIA
THEATRE OF THE PERFORMING ARTS (CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a
meeting
9 thereof, held on the
10 Commission Members:
11 ESTRADA
12 BAXTER
BRINKER
13
day of
, 2007, by the following vote to wit:
Aves
Navs
Abstain
Absent
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DERRY
KELLEY
JOHNSON
MC CAMMACK
Secretary
20 The foregoing Resolution is hereby approved this
,2007.
day of
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Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
25 Approved as to Form:
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By: \ /J
27 - Agency unsel
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P IAgendas\ResolutionsIResolutiollS\lOO7\06-1 8-07 1M Builders. CA Theatre CDC Resodoc
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I. CONTRACT DOCUMENTS
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
INTERIOR CONSTRUCTION WORK DEMOLITION, ASBESTOS AND LEAD-BASED
PAINT ABATEMENT, RENOVATION AND CONSTRUCTION OF THE 1ST FLOOR OF
THE CITY OF
SAN BERNARDINO CALIFORNIA THEATRE OF THE PERFORMING ARTS PROJECT
. Contract Documents Cover Sheet
CD-I
. Project Contract
CD-2 -14
. Form of Performance Bond
CD-15
. Form of Labor and Material Bond
CD-16
. Certificate oflnsurance Coverage
CD-17
. Copies of State of California Contractor's Licenses, City of
San Bernardino Business License, Worker's Compensation
Insurance, Compensation General Liability Insurance
CD-18
. Sample Project Contract Change Order Form CD - 19
. Project Contract "Exhibit "A" Copy of Prevailing State Rate
Wage Schedule Determination SBR - 2007-1 Craft Journey Level
and Craft Apprentice Level CD - 20
. Project Contract Exhibit "B" Copy of Public Contract Code
Sections 20104 through 20104.6 CD - 21
Project: California n,:lIIre aflht PerlormiDI Am - 562 Wesf 4th Slrtd IRmoY.liG.. & Con5truclion IsI Floor Mmf\\'.ml'll Restroom & StortI' Room _ Prevailiflc Wac" _ May 14, 20(7)
CONTRACT DOCUMENT: CO. I
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PROJECT CONTRACT
Redevelopment Agency of tbe City of San Bernardino
INTERIOR CONSTRUCTION WORK DEMOLITION, ASBESTOS AND LEAD-BASED PAINT
ABATEMENT, RENOVATION AND CONSTRUCTION OF THE I" FLOOR OF THE CITY OF
SAN BERNARDINO CALIFORNIA THEATRE OF THE PERFORMING ARTS PROJECT
THIS PUBLIC WORKS PROJECT CONTRACT for the interior construction work demolition,
asbestos and lead-based paint abatement, renovation and construction of the I" floor of the City of San
Bernardino California Theatre of the Perfonning Arts project at 562 West 4th Street, San Bernardino, California
(the "Contract"), is made and entered into this 18th day of June, 2007, by and between the Redevelopment
Agency of tbe City of San Bernardino (referred to herein as the "Owner" or the "Agency") and 1M Builders.
Inc. (the "Contractor").
WITNESSETH: THAT THE PARTIES HERETO HAVE MUTUALLY COVENANTED AND
AGREED, AND BY THESE PRESENTS DO COVENANT AND AGREE WITH EACH OTHER AS
FOLLOWS:
I. THE CONTRACT DOCUMENTS. The complete contract is comprised of and includes: A) the
Table of Contents; B) the Notice of Inviting Bids; C) the Conflict of Interest; D) the Project Information; E) the
Tentative Black-Out Construction Workday Schedule; F) the Instructions to Bidders; G) the Bidder's Proposal
(Bid Form); H) the Supporting Documents (H I-H 13), I) Bidder's Proposal Guaranty (Bid Bond); 2) the
Bidder's Bid Schedule (the accepted Bidder' Proposal); 3) Bidder's Certification Concerning Equal
Employment Opportunity; 4) Bidder's Certification Concerning Nonsegregated Facilities; 5) Bidder's
Information Concerning MBE/WBE; 6) Bidder's Certification of Good Faith Effort Statement of MBE/WBE
Participation; 7) Bidder's Certification Concerning No Suspension and Debarment or Ineligibility for Public
Works Contracts Under the Public Contracts Code and the California Prevailing Wage Law (California Labor
Code Section 1720 et seq. and regulations promulgated thereunder) (the "PWL"); 8) Bidder's Certification
Concerning Trade Restriction; 9) Bidder's Certification Concerning Clean Air and Water Pollution Control; 10)
Bidder's Certification Concerning Designation of Subcontractors; II) the Non-Collusion Affidavit; 12) Bidder's
Certification of Statement of Experience; 13) Bidder's Certification Relating to Campaign Contributions to
Mayor and/or Member of the Common Council of the City of San Bernardino; I) the Contract Documents (CD
I-CD 18), CD 2-CD 14) this Project Contract; CD 15) the Bidder's form of Performance Bond; CD 16) the
Bidder's form of Labor and Material Bond; CD 17) the Bidder's Certification of Insurance Coverage; CDl8)
Bidder's Copies of State of California Contractor's Licenses, Copies of City of San Bernardino Business
License, Copies of Worker's Compensation Insurance, and Copies of General Liability Insurance per Contract;
CDI9) Project Contract Change Order Form; CD20) Project Contract "Exhibit "A" Copy of Prevailing State
Rate Wage Schedule Detennination SBR - 2007-1 Craft Journey Level and Craft Apprentice Level; CD 21)
Project Contract Exhibit "B" Copy of Public Contract Code Sections 20104 through 20104.6; a) the complete
Project Construction Plans and Specifications and Provisions; b) General Conditions (including, without
limitation, Part I, Sections 1-9 of "Standard Specifications for Public Works Construction, 2000 editorial (the
"Greenbook") as supplemented by the 2002 ("Cumulative Supplement to Greenbook"); c) the Special
Conditions; d) the Detail Specifications; e) any Addenda issued under the Instructions to Bidders; f) any
Regulations, Ordinances, Codes, and Laws incorporated within the General Specifications, and g) Project
Construction Plans and Specifications incorporated or herein by reference or otherwise applicable to the Project
and g) any Agency approved Change Order(s) during Project construction.
All of the above documents are intended to coordinate 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. The documents
comprising the complete contract are hereinafter referred to collectively as the Contract Documents.
Projei:l: Caliromia Theatre ort"'e Pl'rforminx Arts - 562 ''''est 4tb Street (Rl:8ovatKia & CIlf1StnlC1ion IsI Floor M~Women Restroom & Stol1llglr Room - Prtvlliling Wages - May 14.1007)
CONTRACT DOCUMENT: CD - 2
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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 in a good and workerlike manner as called for, and in the manner designated in, and in strict
conformity with the Project Construction Plans, Detail Specifications, and other Contract Documents which are
identified by the signatures of the parties to this Contract and are, collectively, entitled:
Redevelopment Agency of the City San Bernardino
INTERIOR CONSTRUCTION WORK DEMOLITION, ASBESTOS AND LEAD-BASED PAINT
ABATEMENT, RENOVATION AND CONSTRUCTION OF THE I" FLOOR OF THE CITY OF
SAN BERNARDINO CALIFORNIA THEATRE OF THE PERFORMING ARTS PROJECT
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: Amounts as detennined by
applying the information contained in the Contractor's bid schedule for the 562 West 4th Street, San
Bernardino, California 92401 - Interior Construction Work Demolition, Asbestos and Lead-Based Paint
Abatement, Renovation and Construction of the I" Floor of the City of San Bernardino California
Theatre of the Performing Arts Project.
For the purpose of fixing the amount of bonds referred to in Paragraph 22 of the Instructions to Bidders, the total
contract price based on the foregoing is $377.000.00.
4. INCORPORATION BY REFERENCE OF PART 1. SECTIONS 1-9 OF THE GREENBOOK.
2000 EDITION. AS SUPPLEMENTED. The provisions of Part I, Sections 1-9 of the publication
entitled: "Standard Specifications for Public Works Construction, 2000 Edition" (the "Greenbook"), as
supplemented by the publication entitled: "2002 Cumulative Supplement to Greenbook", are hereby
incorporated by this reference into this Contract.
The word "Project" means and refers to the "Project," as this term is defined in the Instructions to Bidders.
To the extent that any provision of the printed text which appears in this Project Contract is in conflict with the
printed text of the provisions of the Greenbook as incorporated into this Contract by this reference, then in such
event, the printed text of this Contract shall take precedence over such printed text in the Greenbook.
5. PAYMENT. Not later than the twentieth (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 Agency's Architect
Consultant and Agency of the work performed since the last partial payment request during the preceding month
by the Contractor with ten percent (10%) of the amount of each such estimate retained by the Agency, until
completion of the Project 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)
calendar 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) calendar days of the Agency's receipt
of an undisputed and properly executed partial 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 determined by the
Agency not to be a proper partial payment request suitable for payment shall be returned to the Contractor by
the Agency within ten (10) working 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 ten (10) working days return period for such partial payment request, if determined to be improper, as set
ProjKt: California Thnl~ orehe Puforminr; ArU - 562 Wesl41b SlrtfllRenO\laliolt &. ConstnKrion 151 Floor MH/Wom~ Rutroom &. Slongr Room _ rr~ailinl Wales - Ma,. 10(,11107)
CONTRACT DOCUMENT: CD - 3
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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 <Iesignated 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) calendar days after recordation of Notice of Completion, as defined in California Civil Code Section
3093. Recordation of a Notice of Completion for the Project by the Agency shall constitute the Agency's
acceptance of the Project work.
6. STOP NOTICE. 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 liens and/or claims of lien for material, labor or equipment filed against the
Agency, 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 liens and/or claims of lien are
filed for record against the Agency or any property owned by the Agency, or the Agency receives notice of any
unpaid bill or charge in connection with the performance of this Contract, Contractor shall forthwith either pay
and discharge the liens and/or claims 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 or satisfactory title policy. Said
indemnity shall also be subject to approval of Lien Holder.
7. TIME FOR COMPLETION. All work under this Contract shall be completed by a date no later
than September 27, 2007, or within a period of fifty-eight (58) working days from the date of the Contractor's
receipt of Notice to Proceed from the Agency which date may first occur; provided however, that Contractor
shall have received its Notice to Proceed by a date no later than June 26, 2007.
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8. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or its
employees or those under it by Contract or otherwise, or by changes ordered 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
written 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 is justifiable, will request the Agency's approval. No such extension will be allowed unless written
claim therefore has been made within three (3) working days after the delay became apparent.
9. LIOUlDATED DAMAGES FOR DELAY. The provisions of Section 6.9 of the Greenbook are
hereby modified to provide for a liquidated damages amount of Two Hundred Dollars and Zero Cents ($200.00)
per working day.
10. CHANGE ORDERS. No change in work, as described in the Project Construction Plans and
Specifications, shall be made except upon the approval of the Agency and the Agency's Architect Consultant.
The Contractor shall not be entitled to any compensation for any additional work unless such written Project
Change Order is written and entered into by the Contractor and the Agency. The Project Change Order shall
describe the nature of the additional work in detail, the location of the work, the estimated time for completion
thereof, and the terms of compensation to be paid to the Contractor for its performance in accordance with this
Project Contract as modified by the Project Change Order.
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II. REAL PROPERTY LIENS. The Contractor shall promptly pay all valid bills and charges for
material, labor or otherwise in connection with or arising out of the performance of this Project Contract, and
will hold the Agency free and harmless against all liens and/or claims of lien for material and labor filed against
the real property or any part thereof, and from and against all expense and liability in connection therewith,
including, but not limited to, court costs and attorney's fees resulting or arising therefrom. In the event any liens
and/or claims of lien are filed for record against the real property, or the Agency receives notices of any unpaid
bill or charge in connection with the performance of this Project Contract, the Contractor shall forthwith either
pay and discharge the liens and/or claims of lien and cause same to be released of record, or the Contractor shall
Proj~l; C.IiJ'omill Th~Ir" oflbe Pmormlnl Arts - 561 West 41h SInd IRmO"I'ion &. COlIslnIC:lion In Floor MrnlWllrnm Re;lroom &. Storace Roo.. _ ,"",ailing Wllt$ _ May 14,1007)
CONTRACT DOCUMENT: CD - 4
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furnish the Agency with proper indemnity, either by satisfactory corporate surety bond or satisfactory title
policy. Said indemnity shall also be subject to approval of the lien holder.
12. INDEMNIFICATIONS AND HOLD HARMLESS. The Contractor shall defend, indemnitY,
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 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, 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 Project.
13. INSURANCE. The provisions of Section 7-3 and Section 7-4 of the Greenbook are hereby
amended to read as follows for the purposes of this Contract:
The Contractor shall procure and maintain insurance policies meeting the minimum requirements set forth
below. Insurance shall be provided by insurers satisfactory to the Agency. Certificates evidencing insurance
coverage shall be delivered to the Agency for each policy required herein prior to commencement of any work.
All insurance certificates shall name the Agency as an additional insured and provide for thirty (30) calendar
days prior to written notice of cancellation to the Agency.
a. Comorehensive General Liabilitv Insurance. The Contractor shall maintain comprehensive
general liability insurance of not less than the One Million Dollars ($1,000,000) combined single limit
per occurrence. The Contractor must provide Comprehensive General Liability Policy with 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.
c. Worker's Comoensation. The Contractor shall maintain worker's compensation coverage
in accordance with the Laws of the State of Califomia for all workers under its employ and
Subcontractors performing the work required herein.
14. LABOR PROVISIONS.
a. Prevailinlt Waites.
The "Project" is a "public work" as this term is defined under applicable State Law (See California
Labor Code Section 1720 et seq. and California Administrative Code, Title 8, Section 16000 et seq.).
(I) All laborers and mechanics employed or working upon the site of the Project will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
the full amount of wages and bona fide fringe benefits (or cash equivalents thereot) due at time of payment
computed at rates not less than those contained in the wage detennination of the Director of the Department of
Industrial Relations (the "Director") 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.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
detennination for the classification of work actually performed, without regard to skill, except as provided in
paragraph d. of this clause. Laborers or mechanics peifonning work in more than one (I) 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 detennination shall be posted at all times by the Contractor and its Subcontractors at the site of the
Project in a prominent and accessible place where it can easily be seen by the workers.
(2) 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
Prlljec:l: California ThQlre a(the Ptrforminc Arts . 562 Wesl 4th 5tred (Rel>O\lllion &: Conllntctioon hi Floor MflI/Wollltn Resll"OOlII &: Slonee Room - Prrvailinc W1ca - May .4. 2007)
CONTRACT DOCUMENT: CD .5
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benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(3) 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 Director has found, upon the
written request of the Contractor, that the applicable standards of the PWL have been met. The Director may
require the Contractor to set aside, in a separate account, assets for the meeting of obligations under the plan or
program.
b. Withholdinl!. The Agency shall upon its own action or upon written request of an authorized
representative of the Department of Industrial Relations, withhold or cause to be withheld from the Contractor
under this contract or any other contract with the same Contractor, or any other contract subject to 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, employed or working on the site of
the Project, 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.
(I) 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 Project. 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, daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Director has found under paragraph (3) of this
clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under such plan or program, 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(I) above. This information may
be submitted in any form desired. 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( I) above and that 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;
Projrcl: C.lifornia Theatre ortht Pufonnin, Arts~ 562 Wesl4th SlfftiIRtno,".lion & ConslruclloR 1st Floor Men/WoRlen Restroolll & SIOf1ICt RooAl- Prt\".iting W'!:e5 _ Jloby .t, 2007)
CONTRACT DOCUMENT: CD - 6
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(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) Whenever a Contractor or Subcontractor is found by the Labor Commissioner
to be in violation of the PWL with intent to defraud, the Contractor or Subcontractor shail be ineligible for a
period of not less than one (I) year or more than three (3) years to bid or perform work on a public works
contract.
(3) The Contractor or Subcontractor shail make the records required under paragraph c.(I)
of this section available for inspection, copying or transcription by authorized representatives of the Agency,
any office of the Division of Labor Standards Enforcement or the Division of Apprenticeship Standards, and
shail 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 Labor Commissioner may,
after written notice to the Contractor or Agency, take such action as may be necessary to cause the withholding
of any further payment, advance, or guarantee of funds by the Agency, and a determination of a penalty as set
forth in Labor Code Section 1775 et seq.
d. Aoorentices and Trainees.
(I) Apprentices. Apprentices, as defined in Labor Code Section 3077, wiil be
permitted to work at less than the predetermined rate for the work they perform when they are in training under
apprenticeship standards that have been approved by the Chief of the Apprenticeship Standards and who are
parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 of the
Labor Code. The ailowable ratio of apprentices to journeymen on the Project site in any craft classification shail
not be greater than the ratio permitted to the contractor as to the entire work force under the rules and
regulations of the Califomia Apprenticeship Council. Any worker listed on a payroil at an apprentice wage rate,
who is not employed as stated above, shail be paid not less than the applicable wage rate on the wage
determination for the classification of work actuaily performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the apprenticeship standards and agreements shail be paid not
less than the applicable wage rate on the wage determination of the work actuaily performed. Every apprentice
must be paid at not less than the rate specified in the apprenticeship agreement for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shail 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 fuil
amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator
of Apprentices determines that a different practice prevails for the applicable apprentice classification, fringes
shail be paid in accordance with that determination.
(2) Trainees. Trainees wiil not be permitted to work at less than the predetermined rate
for the work performed unless they are employed pursuant to and individuaily registered in an "on-the-job
training" program established pursuant to Labor Code Section 3093. The ratio of trainees to journeymen on the
Project site shail not be greater than permitted under the program pursuant to Section 3093 by the California
Apprenticeship Council in cooperation with the Department of Education, the Employment Development
Department, and the Board of Governors of the California Community Coileges. Every trainee must be paid at
not less than the rate specified in the approved program for the trainee's level of progress. Trainees shail be
paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shail be paid the fuil amount of fringe benefits listed on the wage determination
unless the Administrator of Apprentices so determines. Any employee listed on the payroil at a trainee rate who
is not registered and participating in an "on-the-job training" program established pursuant to Section 3093 shail
be paid not less than the applicable wage rate on the wage determination for the classification of work actuaily
performed. In addition, any trainee performing work on the Project site in excess of the ratio permitted under
the "on-the-job training" program as established shail be paid not less than the applicable wage rate on the wage
determination for the work actuaily performed. In the event the Administrator of Apprentices withdraws
Project: California The:a'r~ orlhe Performing Art5 - 562 West 4th SII"ftt (Renovation & Conltrudion 1st Flctor MtRl~'ometl Reslroom & Slon.~ Roo.. _ P'r"ailing Wagtll- May 14,1:001)
CONTRACT DOCUMENT: CD. 7
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approval of an "on-the-job 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) Eaual Emolovment Ooportunitv. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the prohibitory discrimination provisions of California
law as set forth in the Califomia Constitution, Article I, Section 8, Government Code Sections 12900 et seq.,
and Labor Code Sections 1735, 1777.6 and 3095.
e. Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts the
clauses contained in paragraphs a. through i. of Section 12. of this Contract and such other clauses as may be
required, 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 and all requirements of the PWL.
f. Contract Termination. A breach of the Contract clauses in paragraphs a. through i. of this
Section 12. and a. through e. of Section 13. below are grounds for termination of this Contract, and for the
withholding of payment by the Agency and notification to the Division of Labor Standards Enforcement or the
Division of Apprenticeship Standards, as applicable.
g. Comoliance With Prevailing Wage Law and Related Regulatory Requirements. All rulings
and interpretations of the PWL and the related regulations promulgated thereunder, contained in 8 CCR Section
16000 et seq., are herein incorporated by reference in this Contract.
h. Disoutes Concerning Labor Standards. Disputes ans10g 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 Industrial Relations as set forth in 8
CCR Section 16000 et seq. Disputes within the meaning of this clause include disputes between the Contractor
(or any of its subcontracts) and the Agency, the Department of Industrial Relations, or the employees or their
representatives.
1. Certification ofEligibilitv.
(1) 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 a
public works contract by virtue of Labor Code Section 1775 et seq.
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award
ofa public works contract by virtue of Labor Code Section 1775 et seq.
15. CONTRACT WORK HOURS AND SAFETY STANDARDS REOUlREMENTS.
the following provision, the term "laborers" and "mechanics" include watchmen and guards.
As used 10
a. Overtime Requirements. Neither the Contractor nor any Subcontractor contracting for any
part of the Project which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workday in which he or she is employed on such work to work in
excess of eight (8) hours per day or 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 eight (8) hours in such
workday or forty (40) hours in such workweek.
b. Violation: Liabilitv for Unoaid Wages; Liauidated Damages. In the event of any violation
of the clause set forth in paragraph a. above, the Contractor and any Subcontractor responsible therefore 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
Proj<<r: Caliromia Theatre of Ihe Performing Ans. 562 West 41h SIred (Renovluion & COJUrruclion IsI Floor /'olenlWomftl Restroom & Slorage Room _ Pn...ailing Walts _ May I... 2007)
CONTRACT DOCU!\IENT: CD. 8
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mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above,
in the sum ofTen Dollars and Zero Cents ($10.00) for each calendar day on which such individual was required
or pennitted to work in excess of the standard workday of eight (8) hours or workweek of forty (40) hours
without payment of the overtime wages required by the clause set forth in paragraph a. above.
c. Withholdin~ for Unpaid Wages and LiQuidated Damages. The Agency shall upon its own
action or upon written request of an authorized representative of the Department of Industrial Relations 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 contract with the same Contractor, or any other contract
subject to the California work hours and safety standards requirements, which is held by the same Contractor,
such sums as may be detennined 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. Working 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 detennined under construction safety and
health standards issued by the Department of Industrial Relations.
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.
.
16. 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 the California Constitution and
statutory provisions, including the PWL.
17. CITY OF SAN BERNARDINO MINORITY BUSINESS ENTERPRISE (MBEl AND
WOMEN'S BUSINESS ENTERPRISES (WBEl PROGRAM PROVISIONS. A policy for establishing
goals for participation of Minority Business Enterprises ("MBE") and Women's Business Enterprises ("WBE")
was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino, on
11-20-95. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures
dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEfWBE firms and all
other business enterprises. Prime bidder's could reasonably be expected to produce a level of participation by
interested subcontractors of fifteen percent (15%) MBE and five percent (5%) WBE on this project. Bidders
shall make every reasonable effort to solicit bids from MBEfWBE firms. A justification shall be provided to
support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans.
It is the policy of the City of San Bernardino to provide MBE and WBE firms and all other enterprises an equal
opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing
this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBE
and WBE firms, have an equal opportunity to compete for and participate in City contracts. If the City has
established expected levels of participation for MBE and WBE subcontractors, failure to meet those levels shall
not be a basis for disqualification of the bidder. A detennination of the adequacy of a bidders' good faith effort
must be based on information provided on the Good Faith Effort Statement ofMBE/WBE Participation form.
.
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 tennination 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) calendar days from the receipt of each payment
the Contractor receives from the Agency. The Contractor agrees further to return retainage payments to each
ProjKt: California Theatre of the Performing Ar1s - 562 West 41h SIr'ftf (Renovalion & Co.5tnu:tioa 1sll11oor MenIWomm Restroom & Slorage Room _ Prenilin& Wales _ May '4, 2007)
CONTRACT DOCUMENT; CD - 9
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Subcontractor within seven (7) calendar days after the Subcontractor's work is satisfactorily completed. Any
delay or postponement of payment from the above referenced time frame may occur only for good cause
following written approval of the Agency. This clause applies to both MBEIWBE.
18. CIVIL RIGHTS. The Contractor assures that it will comply with the California Constitution,
Article I, Section 8, pertinent statutes, and such rules as are promulgated to assure that no person shall, on the
grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity
conducted with or benefiting from the Project. 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.
19. SOLICITATIONS FOR SUBCONTRACTS. INCLUDING PROCUREMENTS OF MATERIALS
AND EOUIPMENT. 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.
20. 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.
21. 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 determined
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.
22. INSPECTION OF RECORDS. The Contractor shall maintain an acceptable cost accounting
system. The Agency, the Division of Labor Standards Enforcement or the Division of Apprenticeship Standards
shall have access to any books, documents, paper, and records of the Contractor which are directly pertinent to
this Contract or the Project 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.
23. 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.
24. 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. This Contract shall be interpreted under the laws of the State of California. The venue for any legal
proceeding to enforce or interpret any provisions of this Contract shall be in the Superior Court of the County of
San Bernardino. In the event that legal proceedings may be initiated by one party to enforce its rights under this
Project: Califonoia Thnlre o(t~ Ptrfor.lne Arts - 562 Wel 4111 Sll"ffl (Rl'1Iovafio. & ConsblIttion 1st Floor MenlWornlHl ResU1101Q. &" Slorage Room - ~ailinc WaCd _ May 14.2(07)
CONTRACT DOCUMENT: CD - 10
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Contract, then the prevailing party in such legal proceedings shall be entitled to recover from the other party, its
reasonable attorneys' fees either in such legal proceedings or in a separate action to recover such reasonable
attorneys' fees. In the case of the Agency, the words "reasonable attorneys' fees" include the cost and expenses
calculated on an hourly basis, of all lawyers retained by the Agency in connection with the legal representation
of the Agency in any matter arising from the Contract, including without limitation, attorneys in the Office of
the City Attorney and the Agency General CounseL
25. TERMINATION OF CONTRACT BY THE 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 its 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 paragraph b.
of this clause.
e. The rights and remedies of the Agency provided in this Section 23 are in addition to any other
rights and remedies provided by law or under this Contract.
26. 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 Department of Industrial Relations to enter into such litigation to protect the interests
of the State of California.
27. CONTRACTOR CLAIMS OF $375.000 OR LESS. Claims by the Contractor relating to the
Project for (a) a time extension, (b) money or damages arising from work done by, or on behalf of, the
Contractor on the Project 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 Three Hundred Seventy-Five
Thousand Dollars and Zero Cents ($375,000.00) or less, are subject to the claims procedures set forth in
California Public Contract Code Sections 20104, et seq., except as otherwise provided in this Contract and the
incorporated documents, conditions and specifications. A copy of California Public Contract Code Sections
20104 through 20104.6 is attached to this Contract.
28. LOBBYING AND INFLUENCING EMPLOYEES.
(I) No public works funding 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 the Agency in connection with
the Project.
Project; C.tifornia Thealre of the Perfonninc Art! - 562 West 4," 5trm (Rmovalion &.. COIISIruClion 151 Floor !\-ItA/Women Reslroom &.. StOrlCt Room _ Pnv",Hinll; WIII:S- Mil)' 14, 2007)
CONTRACT DOCUMENT; CD. II
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(2) The terms of the Conflict of Interest Code and any amendments thereto which have been
incorporated by reference into the PWL and constitute the Conflict of Interest Code of the Department of
Industrial Relations are hereby made a part of this Contract.
29. 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 V.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.
30. ENERGY CONSERVATION REOUIREMENTS. 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 compliance with the Energy Policy and Conservation Act (Public Law 94-163)
31. 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 the Contractor's expense.
32. 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. The Contractor shall be solely responsible for all construction
means, methods, techniques, sequences and procedures; safety on the work; and coordinating all portions on the
Project to be performed by the Contractor's Laborers, Employees, Vendors and Subcontractors, ifany.
33. 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
deprive the Project's occupants, unless the Project's occupants has been relocated. Where disruptions or
disconnections will occur other than during normal business hours, the Contractor shall obtain approval from the
Agency and notify the Project's occupant, at least twenty-four (24) hours prior to such interruption.
34. LEAD-BASED PAINT. The Contractor agrees that the use of any lead-based paints is strictly
prohibited and shall not be used on this Project. The Contractor agrees to submit to the Agency an Abatement
Plan (include working days required to abate and the cost breakdown) with minimum
abatement/disturbance/encapsulation to surfaces indicated on Project Construction Plans and Specifications
(cost effective method) per State of California Department of Health Services Regulations and per South Coast
Air Quality Management District prior to the commencement of work on the Project, if applicable.
The Agency assumes no liability for damages for 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 Agency Investigation Work or
other activity causing or leading to contact of any kind whatsoever with Lead-Based Paint on the Agency Site,
whether the Agency has properly warned, or failed to properly warn, any persons injured.
The Contractor agrees to cause all removal, transportation and disposal of the lead-based paint removed
pursuant to this Contract and the Contract Documents without any cost or liability to the Agency whatsoever.
The Contractor shall execute all required documents and pay such fees, taxes and other charges and assessments
as may be charged, levied or assessed as to the removal, transportation and disposal of the lead-based paint
pursuant to this Contract. The Contractor represents and warrants that all such additional fees, taxes and other
charges and assessments are included within the contract price set forth in Section 3 hereof.
Project: California Theal~ orlh~ Performing Arts - 562 Wesl41h Slrtfl (Renovation &: ConstnlClion IsI Floor MealWoOllftl Restroom &. SIOI'2IIIL' Room _ Pr"ailing Wages _ May 14. 2887)
CONTRACT DOCUMENT: CD - 12
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35. ASBESTOS CONTAINING MATERIALS. The Contractor shall submit to the Agency an
Abatement Plan (include days required and cost breakdown) with minimum
abatement/disturbance/encapsulation to surfaces indicated on Project Construction Plans and Specifications
(cost effective method) per State of California Department of Health Services Regulations and per South Coast
Air Quality Management District prior to the commencement of work on the Project, if applicable.
The Agency assumes no liability for damages for 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 Agency Investigation Work or
other activity causing or leading to contact of any kind whatsoever with Asbestos on the Agency Site, whether
the Agency has properly warned, or failed to properly warn, any persons injured.
The Contractor agrees to cause all removal, transportation and disposal of the asbestos containing materials
removed pursuant to this Contract and the Contract Documents without any cost or liability to the Agency
whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and other charges and
assessments as may be charged, levied or assessed as to the removal, transportation and disposal of the asbestos
containing materials pursuant to this Contract. The Contractor represents and warrants that all such additional
fees, taxes and other charges and assessments are included within the contract price set forth in Section 3 hereof.
36. CLEAN-UP. The Contractor shall keep the work site of this Project 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 construction to be removed from the work site of the Project and shall leave the
subject Project in a neat and "broom-clean" condition.
.
37. BUSINESS REGISTRATION CERTIFICATION. The Consultant warrants that it possesses, or
shall obtain immediately after the execution and delivery of this Agreement, and maintain during the period of
time that this Agreement is in effect, a business registration certification pursuant to Title 5 of the City of San
Bernardino Municipal Code, together with any and all other licenses, contractor license, permits,
qualification(s), insurance and approvals of whatever nature that are legally required to be maintained by the
Contractor to conduct its business activities within the City.
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/II
/II
I'I'oject: California TIleatre of (he Puformi/l.c Am. 562 West 4th SlTftI (Rmovafion" COIlSO'UtliolllJl floor Men/Women RescnHlm ,. StoraCe Roo", - Pm.iliaC Waps- May '4, 2lKl7)
CONTRACT DOCUMENT: CD - 13
e
e
e
IN WITNESS WHEREOF, two 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.
AGENCY: Redevelopment Agency of the City of San Bernardino
By:
Maggie Pacheco, Executive Director
Approved as to Form~al Content:
By: C~
Agency Co e
^
CON1;RACTOR:
1M Builder , Inc. .
\
By:
Jennifer\
an s California 92373
1 der's Business Address (Suite, City, State, Zip Code)
#843561
Contractor's License
p
Contractor License Classification
Cj 12(j6~
Contractor's Li~ense Expiration Date
Bond Number
\0 \ \1 \ lJ 1
Date \ \
Project: California Thnln or Iht Ptrfol1l'lillg Arts - 562 Weill 4," Strut CRmovltion 6< COlUb1Idioll 1st Floor Men!\\'OIHR Ralrll1lm & Stongt Room _ Prnailing Wages ~ MIl' I'" 2007)
CONTRACT DOCUMENT: CD - 14
i.
.
.
Project Coutract
Exhibit "A"
(EXHffiIT "A" : CD - 20)
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
INTERIOR CONSTRUCTION WORK DEMOLITION, ASBESTOS AND LEAD-BASED PAINT
ABATEMENT, RENO V A TlON AND CONSTRUCTION OF THE 1ST FLOOR OF THE CITY OF
SAN BERNARDINO CALIFORNIA THEATRE OF THE PERFORMING ARTS PROJECT
PREVAILING STATE RATE WAGE SCHEDULE
DETERMINATION
SBR - 2007-1
(printed May 16, 2007)
CRAFT JOURNEY LEVEL
And
APPENDICES: A 1 - 6
PREVAILING STATE RATE WAGE SCHEDULE
DETERMINATION
SBR - 2007-1
(printed May 16, 2007)
CRAFT APPRENTICE LEVEL
APPENDICES: A 7 - 9
I'..ojcd: Calif..",ia Th..,.f", of I"" Pffi......i.., Arts- 5'-&2 w~ ..to SI..-eft (Reoo......lion.& Co..stnlct;o", ISI Roor l\1eou'Wom"" Resho-_,& SI~I:" R...ta -1'Y~..ili"'g WllC<l:S _ May 14. lltOn
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Project Contract
Exhibit "B"
(EXHmIT "8" : CD - 21)
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
INTERIOR CONSTRUCTION WORK DEMOLITION, ASBESTOS AND LEAD-BASED PAINT
ABATEMENT, RENOVATION AND CONSTRUCTION OF THE 1ST FLOOR OF THE CITY OF
SAN BERNARDINO CALIFORNIA THEATRE OF THE PERFORMING ARTS PROJECT
PUBLIC CONTRACT CODE
Article 1.5 - Resolution of Construction Claims
SECTION 20104-20104.6
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EXHIBIT "8" : CO - 11
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PUBLIC CONTRACT CODE
Article I.S - Resolution of Construction Claims
SECTION 20104-20104.6
Information presented reflects laws currently in effect. All California Codes have been updated to include the
2006 Statutes. Information downloaded on May 23, 2007.
20104. (a) (I) This article applies to all public works claims of three hundred seventy-five thousand dollars
($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (corrunencing
with Section 10240) of Chapter I of Part 2.
(b) (I) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the Regents of
the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (8) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a
public work and payment of which is not otherwise express I y provided for or the claimant is not otherwise
entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
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(d) This article applies only to contracts entered into on or after January I, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend
the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b) (I) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of
receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no greater than
that taken by the claimant in producing the additional information, whichever is greater.
(c) (I) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to"U written claims within
60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses to the claim the local agency may have against the
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EXHIBIT "8": CO - 21
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the
attorney's fees of the other party arising out of the trial de novo_
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(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as
otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law_
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