HomeMy WebLinkAboutR32-Economic Development Agency
CITY OF SAN BERN <\RDINO
ECONOMIC DEVELOPMENT AGENCY
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FROM:
Maggie Pacheco
Executive Director
SUBJECT:
A ward of Demolition Contract to Dakeno, Inc.,
for City/Agency Properties - (Central City East
Redevelopment Project Area)
DATE:
November 13, 2007
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Svnopsis of Previous Commission/Council/Committee Action(s):
On November 8, 2007, Redevelopment Committee Members Estnida, Johnson and Baxter unanimously voted to recommend
that the Mayor and Common Council and the Community Development Corrunission consider this action for approval.
__________________________._____~______...__________________________________________________________~_..._____________.__________________________________________________..__.n________________________
Recommended Motion(s):
(Mavor and Common Council)
A: That the Mayor and Common Council of the City of San Bernardino consent to and authorize the demolition of the
City property located at 547 and 555 North Sierra Way, San Bernardino, in accordance with the Demolition Contract
by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Dakeno, Inc. (Central
City East Redevelopment Project Area)
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(Communitv Develonment Commission)
D: Resolution of the Community Development Corrunission 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
Demolition Contract by and between the Agency and Dakeno, Inc., for the demolition of City/Agency Properties
located at 547, 555, 561 and 567 North Sierra Way, San Bernardino (Central City East Redevelopment Project Area)
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Contact Person(s):
Maggie Pacheco
Central City East Redevelopment
Project Area
Phone:
(909) 663-1044
Proj ect Area( s):
Ward(s):
Supporting Data Attached:
{;'] Staff Report {;'] Resolution(s) {;'] Agreement(s)/Contract(s) ~Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
192,836
Source:
Community Reinvestment Fund
Budget Authority:
FY 2007-2008 Budget
/ ( p. ./1
Fiscal Review: ^' }o...<.. ....pcu..." S-- l'lr/JI-y
Barbara Lindseth, Administrative Services Director
Signature:
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P 'Agendas\Comm Dev Comrnission\CDC 2007 11-19-07 Dakeno, Inc - YWCA Demolition SR doc
COMMISSION MEETING AGENDA
Meeting Date: .11/19/2007
Agenda Item Number: R 3 a
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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A WARD OF DEMOLITION CONTRACT TO DAKENO, INC. FOR CITY/AGENCY
PROPERTIES - (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
BACKGROUND:
On March 9, 2005, the Redevelopment Agency of the City of San Bernardino ("Agency") acquired
title to the Young Women's Christian Association ("YWCA") property, which includes the pool area,
located at 561 and 567 North Sierra Way, San Bernardino ("Y Property"). All programs at the YWCA
have ceased, and the Y Property is ready for demolition. Over the last several months, 2 fires have
occurred, damaging a significant portion of the pool building. All the pool equipment (pumps, filtering
. system, etc.) needs complete replacement and the exterior surface needs to be re-plastered, etc. The
estimated work on the pool is in excess of $1 00,000. Moreover, the Y Property has had a series of acts
of vandalism and many of the windows have had to be boarded up and secured in order to keep the
transients out of the buildings.
On September 17, 2007, the Council approved the City Parks & Recreation Department ("Parks")
relol:ation from 547 and 555 North Sierra Way to the Agency building located at 201 North "E" Street.
Parks will be vacating their offices on Sierra Way and has moved into the Agency's building on
November 13, 2007. After Parks has completed the relocation, the Parks building will also be ready
for demolition.
Collectively, the Y Property and the Parks buildings are referred to as the "Properties" (See attached
map).
CURRENT ISSUE:
On October 1,2007, a copy of the Request for Bids was mailed to Woody's Demolition, Dakeno, Inc.,
Warren Duncan Contracting, AON, . Inc., and C.R. Gann Demolition, Inc., to ensure that the
contractors, which have previously been used by the City and the Agency, were in receipt of the
Request for Bids. In addition, on October 2 and 9, 2007, a notice for bids ("Notice") was published in
The Sun Newspaper. The Notice stated that the project planned for asbestos/lead based paint
abatement and demolition/clearance project of both the Y Property and the Parks buildings ("Project").
Additionally, the Notice stated that there would be a mandatory job walk and the date and place was
provided. There was no response to the publication.
On October 16, 2007, Agency Staff conducted a mandatory job walk at the sites. The contractors that
attended the job walk were Warren Duncan Contracting, AON, Inc., and Dakeno, Inc. There were no
representatives in attelfdance at the job walk from Woody's Demolition or C.R. Gann Demolition. The
job walk consisted of discussing all of the elements involved in the demolition and to clarify any of the
bid specifications, and to discuss the timelines expected from the contractors should they be awarded
the contract for the demolition work. On October 30, 2007, at 4:30 p.m., the responses to the Notice
for Bids were due and the results are listed below:
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P\Agcndas\Comm Del' CommissionlCDC 2007, 11.19_07 Weno, lnc - YWCA DemolitionSR.doc
COMMISSION MEETING AGENDA
Meeting Date: 11119/2007
Agenda Item Number:
Economic Development Agency Staff Report
Dakeno - YWCA Demolition
Page 2
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Contractor YWCAJPool/Storal!e Parks & Recreation Total
(Al!encv) (citY)
Dakeno, Inc. $127,180 $33,517 $160,697
6021 Tarragona
Riverside, CA 92509
Warren Duncan Contracting $175,650 $55,268 $230,918
2148 Glen Helen Parkway
Devore, CA 92407
AON, Inc. $282,550 $77,300 $359,850
P.O. Box 302
Bloomington, CA 92316
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Dakeno, Inc., is the recommended contractor for the asbestos/lead based paint abatement and
demolition/site clearance ("Scope of Work") contract for the Properties because they were the lowest
responsible bidder. Dakeno, Inc., has more than 20 years of experience in this type of work and has
done a number of demolition projects for cities, including the City of San Bernardino Code
Enforcement and is presently demolishing the Agency properties in downtown. They will also be
using Brickley Environmental, 957 West Reece Street, San Bernardino, CA 9241 I, a very experienced
environmental remediation contractor, for the asbestos/lead based paint abatement of the Properties.
The commencement of the Scope of Work will be 10 days following a Notice to Proceed with an
estimated completion date of within 150 days.
ENVIRONMENTAL IMP ACT:
This Project was reviewed under the California Environmental Quality Act ("CEQA"). It has been
determined that the Project is exempt from CEQA under Section 15268, Ministerial Projects.
. FISCAL IMPACT:
The fiscal impact is equal to the sum of the lowest bid of $160;697, plus a 20% contingency in the
amount of $32,139, for a total amount of $192,836. Said contract amount will be paid from the
Agency's Community Reinvestment Fund (CRF).
RECOMMENDATION:
That the Mayor and Common Council adopt the Motion and the Community Development
Commission adopt the attached Resolution.
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C Maggie Pacheco, Executive Director
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P\Agendas\Comm Dev CommissionlCDC 2007\11-19-07 Dueno, Inc- YWCA Demolition SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 11/19/2007
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 DEMOLITION CONTRACT BY AND
BETWEEN THE AGENCY AND DAKENO, INC., FOR THE
DEMOLITION OF CITY/AGENCY PROPERTIES LOCATED AT 547, 555,
561 AND 567 NORTH SIERRA WAY, SAN BERNARDINO (CENTRAL
CITY EAST REDEVELOPMENT PROJECT AREA)
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency")
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is a community redevelopment agency duly created, established and authorized to transact
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business and exercise its powers, all under and pursuant to the California Community
12
Redevelopment Law (the "CRL"), codified under Division 24, Part I of the California Health
13
and Safety Code commencing at Section 33000 and is authorized to acquire and demolish
blighted properties for redevelopment purposes located within the approved redevelopment
project areas in the City of San Bernardino (the "City") inaccordancewith the CRL; and
16
WHEREAS, the COI:nmunity Development Commission of the City of San Bernardino
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(the "Commission"), as the governing board of .the Agency, has authorized the Agency to
assemble, acquire real property and demolish blighted infrastructures for community
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redevelopment purposes in the Central City East Redevelopment Project Area (the "Project
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Area"); and
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WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that
cannot be remedied by private' parties acting alone without community. redevelopment
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24
assistance; and
25
WHEREAS, on March 9, 2005, the Agency acquired title to the Young Women'
Christian Association ("YWCA") property, which includes the pool area, located at 561 and 56
North Sierra Way, San Bernardino ("Y Property"), .and on September 17, 2007, the Mayor an
Common Council of the City of San Bernardino ("Council") approved the City Parks an
Recreation Department ("Parks") relocation from 547 and 555 North Sierra Way to the Agency'
26
27
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building located at 201 North "E" Street, which the Y Property and the Parks buildings ar
collectively referred to as the "Properties"; and
WHEREAS, on October I, 2007, the Agency mailed a copy of the Request for Bids to
Woody's Demolition, Dakeno, Inc., Warren Duncan Contracting, AON, Inc., and C.R. Gann
Demolition, Inc., to ensure that the contractors were in receipt of the Request for Bids; and
WHEREAS, on October 2, 2007, and again on October 9, 2007, a notice for bids
("Notice") was published in The Sun Newspaper stating that the project involved asbestos/lead
based paint abatement and demolition/clearance of both the Y Property and the Parks buildings
("Project") in accordance with the Public Contracts Code; and
WHEREAS, 3 competitive bids were received and Dakeno, Inc. (the "Contractor"), was
determined to be the lowest responsible bidder, and the Agency desires to retain the Contractor
to perform said demolition and clearance of the Properties in accordance with the terms and
conditions of the Demolition Contract (the "Contract") attached hereto and incorporated herein
by said reference; and
WHEREAS, this Project was reviewed in accordance with the California Environmental
Quality Act ("CEQA"), and was determined to be exempt from CEQA under Section 15268,
18 Ministerial Projects.
19 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
20 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER,
21 AS FOLLOWS:
22
The information set forth in the above recitals of this Resolution is true
Section 1.
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and correct.
24
The Commission hereby approves the Contract between the Agency and
Section 2.
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the Contractor attached hereto, incorporated herein by reference, and waives any irregularities
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in the bid as submitted by the Contractor as permitted by the bid documents.
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The Executive Director of the Agency is hereby authorized to execute the
Section 3.
Contract on behalf of the Agency in substantially the form attached hereto, together with such
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changes therein as may be approved by the Executive Director of the Agency and Agency
Counsel. The Executive Director of the Agency or such other designated representative of the
Agency is further authorized to do any and all things and take any and all actions as may be
deemed necessary or advisable to effectuate the purposes of the Contract, including making
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non-substantive modifications to the Contract.
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The Resolution shall become effective immediately upon its adoption.
Section 4.
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P"'.~o>~nd~<\llr,,,l,,ri,,n,\Il,.<,,lllIjnn" 2D07,.11.19.07 Dakeno.lnc . YWCA Demolition CDC Reso doc
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2
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 DEMOLITION CONTRACT BY AND
BETWEEN THE AGENCY AND DAKENO, INC., FOR THE
DEMOLITION OF CITY/AGENCY PROPERTIES LOCATED AT 547, 555,
561 AND 567 NORTH SIERRA WAY, SAN BERNARDINO (CENTRAL
CITY EAST REDEVELOPMENT PROJECT AREA)
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4
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Community Development Commission of the City of San Bernardino at a
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meeting thereof, held on
, 2007 by the
10
followi~g vote, to wit:
Commission Members:
Absent
11
Abstain
Nays
Ayes
12
ESTRADA
gAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
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Secretary
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The foregoing Resolution is hereby approved this
day of
,2007.
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Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
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Approved as to Form:
,
By Y.~
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
DEMOLITION CONTRACT
(ASBESTOS/LEAD BASED PAINT ABATEMENT
AND DEMOLITION/SITE CLEARANCE PROJECT)
THIS PUBLIC WORKS PROJECT CONTRACT for the demolition of Young Women's
Christian Association ("YWCA") (561 North Sierra way - brick structure), Pool (567 North Sierra
Way - block structure), Storage Building (northeast corner), Parks and Recreation (547 and 555 North
Sierra Way - 2 block structures), San Bernardino, California, collectively referred to herein as the
AsbestoslLead Based Paint Abatement and Demolition/Site Clearance Project (this "Contract"), is
made and entered into this 19th day of November 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 Dakeno, Inc., a California corporation (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 the
following if and to the extent such are a part of the bid documents and addendum as issued by the
Agency to obtain .this Contract: I) The Instructions to Bidders (including asbestos/lead based paint
survey); 2) TechnicallWork Specifications; 3) General Specifications; 4) Bidder's Proposal; 5) Equal
Employment Opportunity Certification; 6) Minority Business EnterpriseslWomen's Business
Enterprises ("MBEIWBE") Information; 7) Good Faith Efforts Statement of MBEIWBE 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) Clean Air and Water Pollution Control
Certification; 10) Designation of Subcontractors; II) Non-Collusion Affidavit; 12) Contractor's
Certification Relating to Campaign Contributions to Mayor and/or Member of the Cornmon Council;
13) Certification of Insurance coverage; 14) This Contract, including the Supplemental Annex; 15)
Form of Performance Bond; 16) Copies of the State of California Contractor's Licenses; 17) Copy of
the City of San Bernardino ("City") Business License; 18) Copy of the Worker's Compensation
Insurance; 19) Copy of the Comprehensive General Liability Insurance per the Contract; 20) Copy of
the Automobile Insurance per the Contract; 21) 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"); 22) Any
Addenda issued under the Instructions to Bidders; 23) Any Regulations, Ordinances, Codes, and Laws
incorporated within the General Specifications; and 24) Any Agency approved Change Order(s)
submitted during construction.
All of the above documents are intended to coordinate as one (I) contract so that any work called for in
one (1) document and not mentioned in another, 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."
4842-9647-4625.1 Page 1 of 16
P \Agendas\Agenda Attachments\Agrrms-Amend 1007\11-19-07 Dakeno, Illc . YWCA DemolitIOn Contract doc
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2. THE WORK. The Contractor agrees to furnish all tools, apparatuses, 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 Contract Documents which are identified by the
signatures of the parties to this Contract and are, collectively, entitled:
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
ASBESTOS/LEAD BASED PAINT ABATEMENT
AND DEMOLITION/SITE CLEARANCE 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 inforination contained in the Contractor's Bidder Proposal for the
asbestos/lead based paint abatement and demolition/site clearance of the following buildings consisting
of the YWCA, YWCA Pool and Storage buildings and the Parks and Recreation Buildings, generally
located on North Sierra Way (the "Project"). The amount of this Contract for the Project is One
Hundred Sixty Thousand Six Hundred Ninety Seven Dollars ($160,697).
4. CONTRACT AMENDMENTS. The Executive Director of the Agency is authorized to sign
on his or her own authority amendments to this Contract which are of routine or technical nature,
including minor adjustments to the Schedule of Performance unless otherwise specified in this
Contract. All other amendments require the mutual agreement of both the Agency and the Contractor.
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5. 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," is 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.
6. PAYMENT. After the completion of the asbestos/lead-based paint abatement and
demolition/clearance for each site, and after acceptance of the work for such site by the Agency, the
Contractor shall make a partial payment request to the Agency for the amount of the Contract price
relating to that site. 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 make a partial
payment in the amount of the Contractor's site payment request, less the ten percent (10%) of the
amount to be retained by the Agency until completion of the Project and recordation of a Notice of
C Completion of all work covered by this Contract.
The Agency shall pay the Contractor interest on the amount of any portion of a payment request,
excluding retention amounts, not made to the Contractor within thirty (30) calendar days of the
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Agency's receipt of an undisputed and properly executed payment request from the Contractor at the
legal rate set forth in California Code of Civil Procedure Section 685.010. Upon receipt of a payment
request from the Contractor, the Agency shall review the payment request for the purpose of
determining whether or not the payment request is a proper payment request for any site of the
Contractor's bid. If the payment request is determined by the Agency not to be a proper payment
request suitable for payment it shall be returned to the Contractor by the Agency within ten (10)
working days of the Agency's receipt of the payment request. A 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 payment request is not proper. The number of days for
the Agency to make a certain 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 payment request, if determined to be improper, as set forth in this
section. For the purposes of this section, a "request for 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 payment request shall be considered properly
executed by the Agency if funds are available to pay the 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 of a 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 completed Project.
7. 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 there from.
In the event any liens and/or claims of lien are filed for recording 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.
8. TIME FOR COMPLETION. All work under this Contract shall be completed within one
hundred fifty (150) days, unless otherwise extended by change order of the Executive Director of the
Agency, at his or her sole discretion.
9. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence ofthe 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 tlie 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.
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10. LIOUIDATED DAMAGES FOR 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.
11. CHANGE ORDERS. No change in work, as described in the Contract Documents, shall be
made except upon the approval of the Agency. The. Contractor shall not be entitled to any
compensation for any additional work unless such 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 terms of
compensation to be paid to the Contractor for its performance in accordance with this Contract, as
modified by the Project Change Order.
12. 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 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 inderrmity,
either by satisfactory corporate surety bond or satisfactory title policy. Said indemnity shall also be
subject to approval ofthe lien holder.
13. 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.
14. 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 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 builder's course of
construction and fire casualty loss. .
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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 Compensation. The Contractor shall maintain worker's compensation coverage
in accordance with the Laws of the State of California for all workers under its employ and
Subcontractors performing the work required herein.
15. 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, Se'ction
16000, et seq.).
(J) 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
determimition for the classification of work actually performed, without regard to skill, except as
provided in paragraph d. of this Section 15. Laborers or mechanics performing work in more than one
(J) 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
Prevailing Wage Law 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 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,
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including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full
amount of wages required by any other such 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 this 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, 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.
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(2) (i) The Contractor shall prepare weekly payrolls for each week in which any work is
performed pursuant to this Contract. The payrolls shall set out accurately and completely all of the
information required to be maintained under paragraph c.(l) above. This information may be prepared
in any form desired. The Contractor is responsible for obtaining copies of the payrolls by all
Subcontractors.
(ii) Each payroll prepared 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 this Contract and shall certify the following:
(A) That the payroll for the payroll period contains the information required to
be maintained under paragraph c.(l) above and that such information is correct and complete;
(B) That each laborer and mechanic (including each helper, apprentice and
trainee) employed on this 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 this Contract.
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(iii) Whenever a Contractor or Subcontractor is found by the Labor Commissioner to
be in violation of the Prevailing Wage Law with intent to defraud, the Contractor or Subcontractor
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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.
(3) The Contractor or Subcontractor shall make the records required under paragraph c.(I)
of this section available for inspection, copying or transcription by authorized representatives of the
Agency, 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
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in excess ofthe 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, the
Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate
for the work perforriled until an acceptable program is approved.
(3) Equal Emplovment Opportunitv. 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 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 this Section 15. 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
Prevailing Wage Law.
f. Contract Termination. A breach of the Contract clauses in paragraphs a. through i. of
this Section 15 and a. through e. of Section 16 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
r:ulings and interpretations of the Prevailing Wage Law, and the related regulations promulgated
thereunder contained in Title 8 CCRSection 16000, et seq., are herein incorporated by reference in this
Contract.
h. Disputes Concerning Labor Standards. Disputes arIsmg 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 Title 8 CCR section 16000, et seq. Disputes within the meaning of this clause include
disputes between the Contractor (or any of its Subcontractors) and the Agency, the Department of
Industrial Relations, or the employees or their representatives.
1. Certification of Eligibilitv.
(I) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be
awarded 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.
16. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS. As
used in the following provision, the term "laborers" and "mechanics" include watchers and guards.
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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 Y:,) 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; 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 watchers 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 unsamtary, hazardous or dangerous to his or her health or safety as
determined 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. of this Section 16 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. of this Section 16.
17. 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 Prevailing Wage Law.
18. 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
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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 certified justification
shall be provided to support the rejection of any bid from a minority business enterprise or women's
business enterprise.
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
of MBE/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 of this Contract. Failure by the Contractor to carry out these
requirements is a material breach of this Contract, which may result in the termination of this Contract
or such other remedy as recipient deems appropriate. The Contractor agrees to pay each Subcontractor
under this Contract for satisfactory performance of its Contract no later than ten (10) calendar days
from the receipt of each payment the Contractor receives from the Agency. The Contractor agrees
further to return retained 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.
19. 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.
20. SOLICITATIONS FOR SUBCONTRACTS. INCLUDING PROCUREMENTS OF
MATERIALS AND EOUlPMENT. 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.
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21. 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.
22. 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.
23. 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.
24. 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.
25. 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 (l) 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" inc.tude
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 this Contract,
including, without limitation, attorneys in the Office of the City Attorney and the Agency General
Counsel.
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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 obligations
pursuant to this Contract. 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 pursuant to this 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 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 26 are in addition to any
other rights and remedies provided by law or under this Contract.
27. 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 or 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.
28. 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 has been provided to the Contractor and is on file with the
Agency and made a part of this Contract.
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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 Prevailing Wage Law and constitute the Conflict ofInterest Code of
the Department ofIndustrial Relations are hereby made a part of this Contract.
30. 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 assignment shall be made and become effective at the time the
Agency tenders final payment to the Contractor, without further acknowledgment by the parties.
31. 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).
32. PROTECTION. The Contractor shall, at all times, provide protection against weather, rain,
wind, storm and heat so as to maintain all work, materials, apparatuses 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 protected. In the event that weather, rain, wind,
storm and heat damage or injure the work, materials, apparatuses and fixtures due to Contractor's
failure to provide protection as required, such work, materials, apparatuses and fixtures shall. be
replaced or repaired at the Contractor's expense.
33. CONTRACTOR'S BEST SKILL. The Contractor shall supervise and direct the work using
its best efforts, skill and attention to ensure the workership and materials are of good quality and that
the work is completed in accordance with this Contract. The Contractor shall be solely responsible for
all construction means, methods, techniques, sequences and procedures; safety on the work site; and
coordination of all portions of the Proj ect to be performed by the Contractor's Laborers, Employees,
Vendors and Subcontractors, if any.
34. LEAD-BASED PAINT. The Contractor agrees to submit to the Agency an Abatement Plan
pursuant to the State of California Department of Health Services Regulations, and pursuant to the
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 any activity causing or leading to contact of
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any kind whatsoever with lead-based paint on the demolition sites, 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.
35. ASBESTOS CONTAINING MATERIALS. The Contractor shall submit to the Agency an
Abatement Plan pursuant to the State of California Department of Health Services Regulations, and
pursuant to the 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 any other activity causing or leading to
contact of any kind whatsoever with Asbestos on the demolition sites, 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 so removed
pursuant to this Contract and the Contract Documents without any cost or liability to the Agency
\yhatsoever. 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. . HAZARDOUS WASTE NOTIFICATION. The Contractor shall promptly, and before the
following conditions are disturbed, notify the Agency, in writing, of any of the following:
(1) Material that the Contractor believes may be hazardous waste, as defmed in Section 25117
of the California Health and Safety Code that is required to be removed to a Class I, Class II, or Class
III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by
information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the character provided for
in this Contract.
After promptly investigating the conditions of such material, if the Agency finds that the conditions do
materially differ from that indicated in the information about the site in the bid pack~t made available
to bidders prior to the deadline for accepting bids, or ifthe Agency finds that the conditions do involve
hazardous waste, the Agency shall cause a decrease or increase in the Contractor's costs of the Project,
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or time required for performance of any part of the work for the Project, and shall issue a written
Project Change Order under the procedures described in Section II. of this Contract. In the event that
a dispute arises between the Contractor and the Agency regarding whether the conditions materially
differ, or whether the conditions involve hazardous waste, or whether such conditions cause a decrease
or increase in the Contractor's cost of, or time required for, performance of any part of the work for the
Project, the Contractor shall not be excused from any scheduled completion date provided for by this
Contract, but shall proceed with all work to be performed under this Contract, retaining any and all
rights provided by this Contract or law which pertain to the resolution of disputes under this Contract.
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. STATE OF CALIFORNIA PREY AILING WAGE DETERMINATIONS. The appropriate
prevailing wage determinations may be obtained from the California Department of Industrial
Relations Internet Web Site at www.dir.ca.~ov/dirdatabases.
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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:~ ~~ ~
Agenc oun I
CONTRACTOR:
Dakeno, Inc., a California corporation
By:
Marcia Miller, 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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