HomeMy WebLinkAboutR38-Economic Development Agency
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM:
Maggie Pacheco
Executive Director
SUBJECT:
Award of a Construction Contract - Re-
roofing of Agency property located at 201
North "E~ Street (single-story) (Central City
Redevelopment Project Area)
DATE:
July 2, 2007
Synopsis of Previous Commission/Council/Committee Action(s):
On June 12, 2007, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously 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 Bell Roofing Company for the re-roofing of Agency
Property located at 201 North "E" Street (single story building - Central City Redevelopment Project Area)
Contact Person( s):
Maggie Pacheco
(909) 663-1044
Phone:
Project Area(s):
Central City
Redevelopment Project Area
Ward(s):
Supporting Data Attached:
o Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Central City Project Bond Proceeds
Amount: $
151,478
Source:
Budget Authority:
2007-2008 EDA Budget
SIGNATURE:
Maggie Pacheco, Executive Services Director
Commission/Council Notes:
P\AgendaslComm Dev CommissionlCDC ~OO7\07-16-07 Bell Roofing SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 07/16/2007
Agenda Item Number: ./.l!dt.-
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
AWARD OF A CONSTRUCTION CONTRACT - RE-ROOFING OF AGENCY PROPERTY
LOCATED AT 201 NORTH "E" STREET (SINGLE-STORY)
(CENTRAL CITY REDEVELOPMENT PROJECT AREA)
BACKGROUND:
The Economic Development Agency (the "Agency") purchased the 201 North "E" Street complex in
December 1989. To date, the roof has never been replaced, only repaired as leaks occurred. The
Agency allocates funds for operation, maintenance and utilities in its yearly budget.
The construction of the roof is plywood sheathing with a very slight slope to the exterior walls, 3-ply
built-up roofing with a rock cap. There are a number of HV AC units installed on the roof on
permanent stands, and 4 permanently installed satellite TV dishes. Additionally, 3 HV AC's at the
north end of the roof are installed on temporary wood blocks that need permanent stands to be
constructed.
In August 2006, F.E. Schnetz Commercial Brokerage (the Agency's Property Management Company)
had Bell Roofing Company repair some visional defects on the roof. In November 2006, the first rain
of the season produced a couple of water leaks in the CATV office areas due to deterioration of the
roofing material. It is only a matter of time before the entire roofing material system fails.
CURRENT ISSUE:
The entire roofing needs to be stripped, all damaged sheathing replaced and new roofing material
installed with the construction of 3 new permanent HV AC stands. All abandoned electrical, water and
gas lines need to be removed ("Project"). A manufacturer's warranty for material is 10 years, with a
contractor laborlinstallation warranty to maintain the roof in a watertight condition for 2 years.
On April 2, 2007, an advertisement for roofing contractors was published in the Sun Newspaper and
bid packages for the Project were made available for pick-up from the Agency. On April 24, 2007, at
9:00 A.M., a mandatory pre-bid job walk was conducted with 8 contractor's/subcontractor's in
attendance. On May 3, 2007, although 7 contractors picked up bid packages, only 3 bids were
submitted in sums ranging from $131,720 to $148,890. The lowest responsible bidder was Bell
Roofing Company in the sum of $131,720, as noted below:
Companv
Bid Amount
Bell Roofing Company
$131,720.00
Huffman Roofing Company
$140,977.00
Best, Inc.
$148,890.00
PlAgwdas\Comm Dcv Commission\CDC 2007\.Q7-16-07 Bell Roofing SRdQ.:
COMMISSION MEETING AGENDA
Meeting Date: 07/16/2007
Agenda Item Number: 1.38_
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Economic Development Agency Staff Report
Bell Roofing Construction Contract
Page 2
Bell Roofing is a local company in the City of San Bernardino, and has been in business since 1928.
They specialize in residential, commercial, and industrial roofs with work of repairs, removal,
maintenance, and re-roofing. They have done repairs to the Agency building and the YWCA in the
past.
Assuming the award of the contract occurs by July 16,2007, the construction will commence the week
of July 30, 2007 and be completed within 60 calendar days.
ENVIRONMENTAL IMPACT:
Categorical Exempt under the California Environmental Resources Evaluation System ("CERES"),
Title 14; Guidelines Chapter 3 of the California Environmental Quality Act ("CEQA"), Article 19,
Section 1530 I, Class 1, Exempt Activity: operation, repair maintenance or minor alteration of existing
structures of facilities not expanding existing uses.
FISCAL IMPACT:
A total of $151,478 which includes an amount of $19,758 as a 15% contingency factor, will be paid
from Central City Projects Bond Proceeds, which are allocated in the proposed 2007-2008 Fiscal Year
Budget.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
taL
Maggie Pacheco, Execu . e
PlAgendas\Comm Dcv Commission"'CDC 2007\07-16-07 Bell Rooting SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 07/16/2007
Agenda Item Number: ~S
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RESOLUTION NO.
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
BELL ROOFING COMPANY FOR THE RE-ROOFING OF AGENCY
PROPERTY LOCATED AT 201 NORTH "E" STREET (SINGLE STORY
BUILDING - CENTRAL CITY REDEVELOPMENT PROJECT AREA)
8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
9 community redevelopment agency duly created, established and authorized to transact business and
10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
12 at Section 33000; and
13 WHEREAS, the Agency owns a single-story building located at 201 North "E" Street, San
14 Bernardino ("Agency Property") and the Agency needs to replace the roofing in accordance with the
15 specifications ("Improvements") as approved; and
16 WHEREAS, in order to construct said Improvements, on April 2, 2007, bids were solicited
17 for the construction of the Improvements in accordance with the Public Contracts Code and the
18 Agency received 3 competitive bids; and
19 WHEREAS, Bell Roofing Company (the "Contractor"), was determined to be the lowest
20 responsible qualified bidder and the Agency desires to hire the Contractor to perform said
21 Improvements in accordance with the terms and conditions of the Construction Contract
22 ("Contract") attached hereto and incorporated herein by said reference; and
23 WHEREAS, the Improvements to be constructed pursuant to the Contract are categorically
24 exempt per article 19, Section 15301, Class 1 of the California Environmental Quality Act
25 ("CEQA").
26 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
e 27 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
28 FOLLOWS:
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1 Section 1. The Community Development Commission of the City of San Bernardino
2 ("Commission") hereby approves the Contract between the Agency and the Contractor attached
3 hereto and incorporated herein by reference and waives any irregularities in the bid as submitted by
4 the Contractor as permitted by the bid documents.
5 Section 2. The Executive Director of the Agency is hereby authorized to execute the
6 Contract on behalf of the Agency in substantially the form attached hereto, together with such
7 changes therein as may be approved by the Executive Director of the Agency and Agency Counsel.
8 The Executive Director of the Agency or such other designated representative of the Agency is
9 further authorized to do any and all things and take any and all actions as may be deemed necessary
10 or advisable to effectuate the purposes of the Contract, including making non-substantive
11 modifications to the Contract.
12 Section 3. The Commission finds that the Improvements to be constructed under the
13 scope of the Contract are categorically exempt pursuant to CEQA.
The Resolution shall become effective immediately upon its adoption.
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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
BELL ROOFING COMPANY FOR THE RE-ROOFING OF AGENCY
PROPERTY LOCATED AT 201 NORTH "E" STREET (SINGLE STORY
BUILDING - CENTRAL CITY REDEVELOPMENT PROJECT AREA)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
meeting
8 thereof, held on the day of ,2007, by the following vote to wit:
9 Commission Members: Abstain
Aves Nays Absent
10 ESTRADA
11 BAXTER
12 BRINKER
13 DERRY
. 14 KELLEY
15 JOHNSON
16 MC CAMMACK
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Secretary
The foregoing Resolution is hereby approved this
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21
day of
,2007.
22
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
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Approved as to Form:
25 V;:;~~~/6M:~
26 By:
. 27 Agency C nsel
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
CONSTRUCTION CONTRACT
(ROOF RECONSTRUCTION)
THIS PUBLIC WORKS PROJECT CONTRACT for the roof reconstruction project at 201
North "E" Street, San Bernardino, California (the "Contract"), is made and entered into this 16th day of
July 2007, by and between the Redevelopment Agency of the City of San Bernardino, a public body,
corporate and politic (referred to herein as the "Owner" or the "Agency") and Bell Roofing Company
(the "Contractor").
IN WITNESS HEREOF, THE UNDERSIGNED PARTIES HAVE MUTUALLY
COVENANTED AND AGREED TO THE FOLLOWING:
1. THE CONTRACT DOCUMENTS. The complete contract is comprised of and includes: I)
The Instructions to Bidders; 2) Bidder's Proposal (Bid Form(s)); 3) Bid Schedule (the accepted
bidder's proposal); 4) Equal Employment Opportunity Certification; 5) Certification concerning Non-
segregated Facilities; 6) Minority Business EnterpriseslWomen's Business Enterprises ("MBEIWBE")
Information; 7) Good Faith Efforts Statement of MBE/WBE Participation; 8) Certification regarding
no Suspension 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"); 9) Trade Restrictions Certification; 10) Clean Air and Water
Pollution Control Certification; II) Designation of Subcontractors; 12) Non-Collusion Affidavit; 13)
Bidder's Statement of Experience; 14) Bidder's Certification Relating to Campaign Contributions to
Mayor and/or Member of the Common Council; IS) This Contract; 16) General Specifications; 17)
Form of Performance Bond; 18) Form of Labor and Material Bond; 19) Certification of Insurance
coverage; 20) Copies of the State of California Contractor's Licenses; 21) Copy of the City of San
Bernardino ("City") Business License; 22) Copy of the Worker's Compensation Insurance; 23) Copy
of the Comprehensive General Liability Insurance per the Contract; 24) Copy of the Automobile
Insurance per the Contract; 25) Complete Project Construction Plans and/or Detail Specifications and
ProvisionslNotes; 26) General Conditions (including, without limitation, Part I, Sections 1-9 of
"Standard Specifications for Public Works Construction, 2000 Edition (the "Greenbook") as
supplemented by the "2002 Cumulative Supplement to Greenbook"); 27) Special Conditions; 28) Any
Addenda issued under the Instructions to Bidders; 29) Any Regulations, Ordinances, Codes, and Laws
incorporated within the General Specifications; 30) Project Construction Plans incorporated herein by
reference or otherwise applicable to the Project; 31) Any Agency approved Change Order(s) submitted
during construction; 32) Current copy of State Prevailing Wage Determinations; and 33) Copy of
Public Contract Code Section 20104 through 20104.6.
All of the above documents are intended to coordinate so that any work called for in one (1) and not
mentioned in the other, or vice versa, is to be executed the same as ifmentioned in all said documents.
The documents comprising the complete contract are hereinafter referred to collectively as the
Contract Documents.
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2. THE WORK. The 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 worker like 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 OFTHE CITY OF SAN BERNARDINO
ROOF RECONSTRUCTION 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
determined by applying the information contained in the Contractor's bid schedule for the 201 North
"E" Street (single-story) building roofing 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 One Hundred Thirty-One Thousand Seven
Hundred Twenty Dollars ($131,720).
4. INCORPORATION BY REFERENCE OF PART 1. SECTIONS 1-9 OF THE
GREENBOOK. 2000 EDITION. AS SUPPLEMENTED. 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 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 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 the
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
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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 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 the Contractor's retention
earnings within forty-five (45) calendar days after recordation ofa 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. The 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, 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 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 sixty (60) calendar days from the date of the Contractor's receipt of a Notice to Proceed from
the Agency which date may first occur; provided, however, that the Contractor shall have received its
Notice to Proceed by a date no later than July 30, 2007.
8. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or
its employees or those under it by the 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) days after the delay became apparent.
9. LIQUIDATED DAMAGES FQR DELAY. The provisions of Section 6.9 of the Greenbook
are hereby modified to provide for liquidated damages in the amount of Two Hundred Dollars ($200)
per working day.
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10. CHANGE ORDERS. No change in work, as described in the Project Construction Plans
and/or Specification, shall be made except upon the approval of the Agency and 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 detain, the location of the
work, the estimated time for completion thereof, and terms of compensation to be paid to the
Contractor for its performance in accordance with this Contract as modified by the Project Change
Order.
11. 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 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 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,
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 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) days prior to written notice of cancellation to the Agency.
a. Comprehensive General Liabilitv Insurance. The Contractor shall maintain comprehensive
general liability insurance of not less than One Million Dollars ($1,000,000) combined
single limit, per occurrence. The Contractor must provide Comprehensive General
Liability Insurance 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.
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c. Worker's Compensation. 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.
14. LABOR PROVISIONS.
a. Prevailing Wages.
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 thereof) due at
time of payment computed at rates not less than those contained in the wage determination of the
Director of the Department of Industrial Relations (the "Director") 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
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 (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 determination 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 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. Withholding. 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 Federal 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
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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, the Contractor 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;
(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 shall 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.
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(3) The Contractor or Subcontractor shall make the records required under paragraph c.(l) 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 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 Labor Commissioner may, after written notice to the Contractor or the 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 determination of a penalty as set forth in Labor Code Section 1775 et seq.
d. Apprentices and Trainees.
(I) Apprentices. Apprentices, as defined in Labor Code Section 3077, will 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 allowable ratio of apprentices to journeymen on the Project site in
any craft classification shall not be greater than the ratio permitted to the contractor as to the entire
work force under the rules and regulations of the California Apprenticeship Council. Any worker
listed on a payroll at an apprentice wage rate, who is not 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 job site in excess of the ratio permitted
under the' apprenticeship standards and agreements shall be paid not less than the applicable wage rate
on the wage determination of the work actually 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 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 of Apprentices determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination
(2) Trainees. 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 an "on-the-job
training" program established pursuant to Labor Code Section 3093. The ratio of trainees to
journeymen on the Project site shall 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 Colleges. Every trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress. 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 benefits listed on the wage determination unless the
Administrator of Apprentices so determines. Any employee listed on the payroll at a trainee rate who
is not registered and participating in an "on-the-job training" program established pursuant to Section
3093 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 Project site
in excess of the ratio permitted under the "on-the-job training" program as established shall be paid
not less than the applicable wage rate on the wage determination for the work actually performed. In
the event the Administrator of Apprentices withdraws approval of an "on-the-job training" program,
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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 Employment 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 Jorth in the California Constitution, Article I, Section 8, Government Code Section 12900 et
seq. and Labor Code Sections 1735, 1777.6 and 3093.
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
maybe 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. Compliance 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. Disputes 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 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.
i. Certification of Eligibility.
(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 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
of a public works contract by virtue of Labor Code Section I 775 et seq.
15. CONTRACT WORK HOURS AND SAFETY STANDARDS REOUlREMENTS. 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 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 (40) hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half (1 v,) times the basic rate of
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pay for all hours worked in excess of eight (8) hours in such workday or forty (40) hours in such
workweek.
b. Violation; Liability for Unoaid Wages; Liquidated 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 mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph a. above, in the sum ofTen Dollars ($10) for each calendar day on which
such individual was required or permitted 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. Withholding for Unoaid 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 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. 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 determined under
construction safety and health standards issued by the Department ofIndustrial 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 ENTERPRISES (MBE) AND
WOMEN'S BUSINESS ENTERPRISES (WBE) PROGRAM PROVISIONS. A policy for
establishing goals for participation of the MBE/WBE was adopted on November 20, 1995 by
Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino. This
outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated
January 1995. Bidder's outreach efforts (good faith efforts) must reach out to MBE/WBE 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. Bidder's shall make every reasonable effort to solicit bids from MBE/WBE. A
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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 to provide MBE/WBE 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 the
local MBE/WBE, have an equal opportunity to compete for and participate in City contracts. If the
City has established expected levels of participation for the MBE/WBE subcontractors, failure to meet
those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a
bidder's good faith effort must be based on information provided on the Good Faith Effort Statement
ofMBE/WBE Participation form.
The Contractor, sub-recipient or Subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance ofthis 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) calendar days
from the receipt of each payment the Contractor receives from the Agency. The Contractor agrees
further to return retainage payments to each 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 the MBE/WBE.
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 EQUIPMENT. 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 informatian.
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:
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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 (1) party to enforce its rights under this 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 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 the Contract or otherwise. In such case,
the Contractor shall be liable to the Agency for any additional cost occasioned to the Agency thereby.
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d. If, after notice of termination for failure to fulfill the 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 ($375,000) 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.
(1) 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.
(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
ofIndustrial 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 D.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 assigrunent shall be made and become effective at the time the
Agency tenders final payment to the Contractor, without further acknowledgment by the parties.
30. ENERGY CONSERVATION REOUlREMENTS. 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).
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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, if any.
33. UTILITY SERVICES. The Contractor will be able to use existing utilities without charge,
including electric power and water. If the 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 of Project's occupant, at least twenty-four (24) hours prior to such
interruption.
34. LEAD-BASE PAINT. The Contractor agrees that the use of any lead-base paints is strictly
prohibited and shall not be used on this Project. The Contractor agrees to 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 (cost
effective method) per the 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 employees, agents, or invitees of the Contractor, 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-base 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-base 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-base 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.
35. ASBESTOS CONTAINING MATERIALS. The Contractor shall submit to the Agency, an
Abatement Plan (include days required and cost breakdown) with mlmmum
abatement/disturbance/encapsulation to surfaces indicated on Project Construction Plans (cost
effective method) per the 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.
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The Agency assumes no liability for damages for personal injury, illness, disability, or death to the
Contractors, or employees, agents, or invitees of the Contractor, 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 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 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.
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37. BUSINESS REGISTRATION CERTIFICATION. The Contractor warrants that it
possesses, or shall obtain immediately after the execution and delivery of this Contract, and maintain
during the period of time that this Contract is in effect, a business registration certification pursuant to
Title 5 of the City Municipal Code, together with any and all other licenses, contractor license,
permits, qualification, insurance and approvals of whatever nature that are legally required to be
maintained by the Contractor to conduct its business activities within the City.
38. ST ATE OF CALIFORNIA PREVAILING WAGE DETERMINATIONS. A copy of the
updated prevailing wage determinations shall be provided to the contractor at the time of the Pre-
Construction Conference along with a copy of the fully executed Contract.
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IN WITNESS WHEREOF, two (2) 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
a public body, corporate and politic
By:
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
By: \J'~~
Agency Coun e\
CONTRACTOR:
Bell Roofing Company
By:
Scott Lyon, President
Type or Print Contractor'slBidder's Business Address (City, State and Zip Code)
Contractor's License
Contractor License Classification
Contractor's License Expiration Date
Bond Number
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C/_ Codes (pcc:20104-20104.6)
ATTACHMENT 1
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PUBLIC CONTRACT CODE
SECTION 20104-20104.6
20104. (a) (1) 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
(commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public worklt 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 expressly
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.
(d) This article applies only to contracts entered into on or
after January 1, 1991.
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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) (1) 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.
Ic) (1) 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 all 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 claimant.
(2) If additional information is thereafter required, it shall be
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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 30 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 or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response,
or the local agency fails to respond within the time prescribed, the
claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of
the local agency's failure to respond within the time prescribed,
respectively, and demand an informal conference to meet and confer
for settlement of the issues in dispute. Upon a demand, the local
agency shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any
portion remains in dispute, the claimant may file a claim as provided
in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code. For purposes of those provisions, the running of
the period of time within which a claim must be filed shall be tolled
from the time the claimant submits his or her written claim pursuant
to subdivision (a) until the time that claim is denied as a result
of the meet and confer process, including any period of time utilized
by the meet and confer process.
(~) This article does not apply to tort claims and nothing in this
article is intended nor shall be construed to change the time
periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil
actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the matter to
nonbinding mediation unless waived by mutual stipulation of both
parties. The mediation process shall provide for the selection
within 15 days by both parties of a disinterested third person as
mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the
mediation unless a time requirement is extended upon a good cause
showing to the court or by stipulation of both parties. If the
parties fail to select a mediator within the IS-day period, any party
may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be
submitted to judicial arbitration pursuant to Chapter 2.5 (commencing
with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that code. The Civil
Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4
of the Code of Civil Procedure) shall apply to any proceeding brought
under this subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation
of the parties, arbitrators appointed for purposes of this article
shall be experienced in construction law, and, upon stipulation of
the parties, mediators and arbitrators shall be paid necessary and
reasonable hourly rates of pay not to exceed their customary rate,
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and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good
cause, determines a different division. In no event shall these fees
or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10)
of Title 3 of Part 3 of the Code of Civil Procedure, any party who
after receiving an arbitration award requests a trial de novo but
does not 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.
(c) The court may, upon request by any party, order any witnesses
to participate in the mediation or arbitration process.
20104.6. (al 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.
(bl 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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