HomeMy WebLinkAboutR27-Economic Development
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CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGEOO GINAL
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
J & G Industries - Demolition of certain
Agency properties located at 2656, 2639 and
2695 West 5'h Street (5'h Street and Meridian
Avenue Project)
DATE:
May 12,2009
Svnopsis of Previous Commission/Council/Committee Action(s):
On May 7, 2009, Redevelopment Committee Members 10hnson and Brinker unanimously voted to recommend that the Mayor
and Common Council and/or the Community Development Commission consider this action for approval.
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Recommended Motion(s):
(Communitv Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and
authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute a Demolition Contract by and between the Agency and l&G Industries, Inc., for the
demolition of Agency Properties located at 2656,2695 and 2639 West 5'h Street, San Bernardino (5'h Street and
Meridian Avenue Project)
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Contact Person(s):
Project Area(s):
Supporting Data Attached:
Carey K. 1 enkins
Phone:
(909) 663-1044
N/A
Ward(s):
6'h
Funding Requirements:
o Staff Report 0 Resolution(s) 0 Agrecment(s)/Contract(s) 0 Map(s) 0 Letter(s)
Agency Low and Moderate Income Housing Set
Amount: $ 64,048 Source: Aside Funds
Budget Authority:
FY 2008-2009 Budget
Signature: a.~
Emil A. Marzullo, Intenm Executive Director
Fiscal Review:
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Commission/Council Notes: rslJ ~/;{7 q.;2/ mmm
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___________________________________dO..__________________.._.._______________+__________________________________________________________________________________________________n.__________________
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COMMISSION MEETING AGENDA
Meeting Date: 05/1812009
Agenda Item Number: ~21
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
J & G INDUSTRIES - DEMOLITION OF CERTAIN AGENCY PROPERTIES
LOCATED AT 2656, 2639 AND 2695 WEST 5TH STREET
(5TH STREET AND MERIDIAN AVENUE PROJECT)
BACKGROUND:
On September 15, 2008, the Community Development Commission of the City of San Bernardino
("Commission") authorized the Redevelopment Agency of the City of San Bernardino ("Agency") Staff
to initiate Phase I of the 5th Street and Meridian Avenue Project (the "Project") which includes the
acquisition of a series of four-plex apartment buildings that are currently bank-owned properties. The
Project is a priority for the Agency as a result of the blighting effects the current apartment complexes are
having on the immediate area which is generally comprised of single-family residences. Given the high
number of bank -owned properties and the overall depressed state of the residential housing market, the
Agency has a unique opportunity to acquire these properties at drastically reduced prices in order to
obtain site control for future development. After the properties are acquired, the Agency will issue a
request for proposals to the development community in an attempt to seek the best redevelopment
solution on an open and competitive basis.
On October 6, 2008, the Commission authorized the Agency to execute a Professional Services
Agreement by and between the Agency and California Property Specialists, Inc. ("CPSI"), for acquisition
and relocation services associated with the Project.
As of April 30, 2009, the Agency has been successful in acquiring seven (7) of the nine (9) bank-owned
properties and is presently negotiating the acquisition of the two (2) that remain. It is anticipated the final
two (2) bank-owned properties will be under contract by the Agency with their respective owners within
the next 30-60 days.
CURRENT ISSUE:
At this stage, the Agency is ready to demolish three (3) of the properties that it currently owns. The
addresses include: 2656, 2639 and 2695 West 5th Street. On March 19, 2009, CPSI, acting on behalf of
the Agency, solicited four (4) proposals for demolition services from companies specializing in this
activity. On March 26, 2009, CPSl coordinated ajob walk of the Project site with prospective bidders.
As a result of this procurement process, three (3) bids were received on April 2, 2009. The corresponding
fees are identified below, by company:
Contractor
Bid Amount for the ProDerties
J&G Industries
Dakeno, Inc.
West Coast Land
$58,225.00
$59,400.00
$64,400.00
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COMMISSION MEETING AGENDA
Meeting Date: 05/18/2009
Agenda Item Number: _f2..2.1
Economic Development Agency Staff Report
J & G Industries - 5th and Meridian Demolition Contract
Page 2
Based on their qualifications, the scope of work requirements and their overall fee, the Agency
recommends selecting J&G Industries as the lowest, most responsible bidder. All demolition work will
be completed to mitigate the release of any asbestos containing building materials or other harmful
environmental substances identified by the February 20, 2009 T&T Environmental analysis that was
conducted at the sites identified for demolition. J&G Industries is headquartered in Fountain Valley,
California.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
There is no General Fund impact to the City. Funds used to pay for this demolition are derived from the
Agency's Low and Moderate Income Housing Set Aside Funds identified in the FY 2008-2009 Budget.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
~~
Emil A. Marzullo, Interim Executive Director
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COMMISSION MEETING AGENDA
Meeting Date: 05/18/2009
Agenda Item Number: -.fl.2..1
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RESOLUTION NO.
CCO~lr
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A DEMOLITION CONTRACT BY AND BETWEEN THE
AGENCY AND J&G INDUSTRIES, INC., FOR THE DEMOLITION OF
AGENCY PROPERTIES LOCATED AT 2656, 2695 and 2639 WEST 5TI1
STREET, SAN BERNARDINO (5TH STREET AND MERIDIAN AVENUE
PROJECT)
9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
10 community redevelopment agency duly created, established and authorized to transact business and
11 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
12 "CRL"), codified under Division 24, Part I of the California Health and Safety Code commencing
13 at Section 33000 and is authorized to acquire and demolish blighted properties for redevelopment
14 purposes located within the approved redevelopment project areas in the City of San Bernardino
15 (the "City") in accordance with the CRL; and
16 WHEREAS, the Community Development Commission of the City of San Bernardino (the
17 "Commission"), as the governing board of the Agency, has authorized the Agency to assemble,
18 acquire real property and demolish blighted structures for community redevelopment purposes in
19 the City of San Bernardino ("City"); and
20 WHEREAS, the hereinafter described properties display substantial and pervasIve
21 symptoms of blight that cannot be remedied by private parties acting alone without community
22 redevelopment assistance; and
23 WHEREAS, on November 17, 2008, the Agency acquired title to the multi-family four-plex
24 property located at 2656 West 5th Street, San Bernardino ("Site I") and on December 19, 2008, the
25 Agency acquired title to the multi-family four-plex property located at 2695 West 5th Street, San
26 Bernardino ("Site 2") and on March 13, 2009, the Agency acquired title to the multi-family four-
27 plex property located at 2639 West 5th Street, San Bernardino ("Site 3") which Sites 1,2 and 3 are
28 collectively referred to as the "Properties" all located within the City; and
1
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1 WHEREAS, it has been determined that upon the respective purchase dates of Sites I, 2
2 and 3, all Properties were vacant and continue to be vacant; and
3 WHEREAS, on March 26, 2009, California Property Specialists, Inc. (CPSI), acting on
4 behalf of the Agency, held a job walk at the Properties as a result of soliciting four (4) proposals
5 from demolition companies, and from these solicitations, three (3) bids were received on behalf of
6 the Agency on April 2, 2009; and
7 WHEREAS, J&G Industries, Inc. (the "Contrac.tor"), was determined to be the lowest
8 responsible bidder and the Agency desires to retain the Contractor to perform said demolition and
9 clearance of the Properties in accordance with the terms and conditions of the Demolition Contract,
10 and Addendum (the "Contract") attached hereto and incorporated herein by said reference.
11 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
12 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
13 FOLLOWS:
14
Section 1.
The information set forth in the above recitals of this Resolution is true and
15 correct.
16
Section 2.
The Commission hereby approves the Contract between the Agency and the
17 Contractor attached hereto, incorporated herein by reference, and waives any irregularities in the
18 bid as submitted by the Contractor as permitted by the bid documents. The Commission further
19 authorizes the appropriation of the Contract price amount to be paid from the Low and Moderate
20 Income Housing Fund of the Agency.
21
Section 3.
The Interim Executive Director of the Agency is hereby authorized to
22 execute the Contract on behalf of the Agency in substantially the form attached hereto, together
23 with such changes therein as may be approved by the Interim Executive Director of the Agency and
24 Agency Counsel. The Interim Executive Director of the Agency or such other designated
25 representative of the Agency is further authorized to do any and all things and take any and all
26 actions as may be deemed necessary or advisable to effectuate the purposes of the Contract,
27 including making non-substantive modifications to the Contract.
28
Section 4.
This Resolution shall become effective immediately upon its adoption.
2
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1
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A DEMOLITION CONTRACT BY AND BETWEEN THE
AGENCY AND J&G INDUSTRIES, INC., FOR THE DEMOLITION OF
AGENCY PROPERTIES LOCATED AT 2656, 2695 AND 2639 WEST 5TH
STREET, SAN BERNARDINO (5TH STREET AND MERIDIAN AVENUE
PROJECT)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a
, 2009 by the following vote, to wit:
18
19
meeting
Nays
Abstain
Absent
Secretary
20 The foregoing Resolution is hereby approved this
21
22
23
day of
,2009.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
24 Approved as to Form:
25
26 By:
27
28
\;~rfL
Agency ou I
3
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
DEMOLITION CONTRACT
(ASBESTOS/LEAD-BASED P AINT ABATEMENT
AND DEMOLITION/SITE CLEARANCE PROJECT)
THIS PUBLIC WORKS PROJECT CONTRACT for the asbestos/lead-based paint abatement
and demolition/site clearance project at 2656, 2695 and 2639 West 5th Street, San Bernardino,
California (this "Contract"), is made and entered into this 18th day of May, 2009, 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 J & G Industries, 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: I)
The Instructions to Bidders (including asbestos/lead based paint survey); 2) Bidder's Proposal; 3)
Equal Employment Opportunity Certification; 4) Minority Business EnterprisesIWomen's Business
Enterprises ("MBEIWBE") Information; 5) Designation of Subcontractors; 6) Technical
Specifications; 7) Certification ofInsurance coverage; 8) Copies of the State of California Contractor's
Licenses; 9) Copy of the City of San Bernardino ("City") Business License; 10) Copy of the Worker's
Compensation Insurance.
All of the above documents are intended to coordinate so that any work called for in one (I) and not
mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
The documents comprising the complete contract are hereinafter referred to collectively as the
"Contract Documents".
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 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 P AINT 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 information contained in the Contractor's bid proposal for the
asbestos/lead-based paint abatement and demolition/site clearance of 2656, 2695 and 2639 West 5th
Street, San Bernardino, California (the "Project"). The amount of the Contract for the Project is Fifty-
Eight Thousand Two Hundred Twenty-Five Dollars and 00/100 ($58,225.00).
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4. CONTRACT AMENDMENTS. The Interim Executive Director of the Agency is
authorized to sign on his 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.
5. INCORPORATION BY REFERENCE OF PART 1. SECTIONS 1-9 OF THE
GREENBOOK. 2009 EDITION. AS SUPPLEMENTED. The Greenbook, as supplemented by the
publications entitled, "2009 Cumulative Supplements 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.
6. PA YMENT. After the completion of the asbestos/lead based paint abatement and
demolition/clearance for either the 2656 West 5th Street portion, the 2695 West 5th Street portion, or
the 2639 West 5th Street of this Contract, the Contractor may make three (3) separate requests for
payment to the Agency upon the completion of the 2656 West 5th Street portion, the 2695 West 5th
Street portion and the 2639 West 5th Street portion. After acceptance of the work by the Agency, the
Agency shall review the payment request to determine if it is a proper payment request. If the Agency
deems that the payment request is proper, the Agency shall make a payment in the amount of the
Contractor's payment request, less a ten percent (10%) retention amount within thirty (30) calendar
days after the Agency's acceptance. This ten percent (10%) retention amount of the payment request
shall be retained by the Agency until completion of the entire Project that is covered by this Contract
as evidenced by the Notice of Completion as hereinafter provided.
With regard to the retention amount, the Agency will release the Contractor's retention amount 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 completed Project.
However, if any jayment request as submitted for the completion of the 2656 West 5th Street portion,
the 2695 West 5 Street portion and the 2639 West 5th Street portion, is determined by the Agency not
to be a proper payment request suitable for payment, such payment request shall be returned to the
Contractor by the Agency within ten (l0) working days after the Agency's receipt of the payment
request. A payment request returned to the Contractor by the Agency under the provisions of this
Section 6 shall be accompanied by a written document setting forth the reason or reasons why the
payment request is not proper. The number of days for the Agency to make a certain payment as
provided in this Contract, without incurring interest pursuant to this Section 6, shall be reduced by the
number of days by which the Agency exceeds the ten (l0) working days return period for such
payment request, if determined to be improper, as set forth in this Section 6. For the purposes of this
Section 6, 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 amounts. Also, for the purposes
of this Section 6, 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.
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In the event that the Agency has not made payment within thirty (30) calendar days after the receipt of
a payment request and acceptance of the Contractor's payment request and work, the Agency shall pay
the Contractor interest on the amount of any portion of the payment request, excluding retention
amounts not made to the Contractor within thirty (30) calendar days after the Agency's receipt of a
payment request and acceptance of the Contractor's work at the legal rate set forth in the California
Code of Civil Procedure Section 685.010.
7. STOP WORK NOTICES. 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 defend, indemnify, protect and 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
the lien holder.
8. 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, it is anticipated that the Contractor may
receive its Notice to Proceed by a date no later than June 30, 2009.
9. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or
its employees or those under it by this 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) business days after the delay became apparent.
10. LIOUIDA TED 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 and
00/100 ($200.00) per working day for all unexcused delays on the performance by the Contractor
under this Contract.
11. CHANGE ORDERS. No change in work, as described in the Contract Documents, shall be
made except upon the written approval of the Agency. The Contractor shall not be entitled to any
compensation for any additional work unless such written Project Change Order is written and entered
into by the Contractor and the Agency. The Project Change Order shall describe the nature of the
additional work in detail, the location ofthe 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.
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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 defend, indemnifY, protect and 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
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 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.
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 ofthe 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) calendar 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 and 00/100 ($1,000,000.00)
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.
b. Automobile Insurance. The Contractor shall maintain comprehensive automobile liability
insurance of not less than One Million Dollars and 001100 ($1,000,000.00) 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 which it
employs 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 Code of Regulations, Title 8, Section 16000, et seq.).
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(1) 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 the 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 Section 15. Laborers or mechanics performing work in
more than one (1) 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 ("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 referenced above or 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. Pavrolls 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 Labor Commissioner 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
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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 prepare weekly payrolls for each week in which any Contract
work is performed. The payrolls shall set out accurately and completely all of the information required
to be maintained under paragraph c (I) above. This information may be prepared in any form desired.
The Contractor is responsible for obtaining copies of payrolls paid 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 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 this 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.
(3) The Contractor or Subcontractor shall make the records required under paragraph c (I) of
this Section 15 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
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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 in 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 training program. If the training 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,
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 Opportunity. 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 1, 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 may be required, and also a clause requiring the Subcontractors to include these clauses in
any lower tier subcontracts. The Contractor shall be responsible for the compliance by any
Subcontractor or lower tier Subcontractor with all the Contract clauses and all requirements of the
PWL.
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f. Contract Termination. A breach of this Contract based upon the 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
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 from the labor standards
provisions of this Contract shall not be subject to the general disputes proyision ofthis Contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Industrial Relations
as set forth in California Code of Regulations, Title 8, Section 16000, et seq. Disputes within the
meaning of this clause include disputes between the Contractor (or any of its subcontracts) and the
Agency, the Department of Industrial Relations, or the employees or their representatives.
1. Certification 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
of a 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 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 Yz) 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: Liability for Unpaid 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 of Ten Dollars and
00/100 ($10.00) 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 Unpaid Wages and Liquidated Damages. The Agency shall, upon its
own action or upon written request of an authorized representative of the Department of Industrial
Relations withhold or cause to be withheld, from any monies payable on account of work performed
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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. above 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 terms of this 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.
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
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 justification shall be
provided to support the rejection of any bid from a minority 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 and Agency
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 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 the Agency deems appropriate. The Contractor agrees to pay each
Subcontractor under this Contract for satisfactory performance of its contractual arrangement no later
than ten (10) calendar days from the receipt of each payment the Contractor receives from the Agency.
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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 and WBE.
19. CIVIL RIGHTS. The Contractor assures that it will comply with the California Constitution,
Article I, Section 8, pertinent statutes, and such rules 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 this 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 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.
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 this Contract until the Contractor
complies and/or;
b. Cancellation, termination or suspension of this 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, papers 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 or as may hereafter be issued by the Agency. Information
regarding these rights, as applicable, is available from the Agency.
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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, Main Branch in the City
of San Bernardino. In the event that legal proceedings may be initiated by one (I) 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.
26. TERMINA nON OF CONTRACT BY THE AGENCY.
a. The Agency may, by written notice, terminate this Contract in whole or in part at any
time, either for the Agency's convenience or because of the Contractor's failure to fulfill its Contract
obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice
directs otherwise) and all materials as may have been accumulated in performing this Contract,
whether completed or in process, delivered to the Agency.
b. If the termination is for the convenience of the Agency, an equitable adjustment in the
Contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed
services.
c. If the termination is due to failure to fulfill the Contractor's obligations, the Agency
may take over the work and prosecute the same to completion by this Contract or otherwise. In such
case, the Contractor shall be liable to the Agency for any additional costs 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 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 directive, the Contractor may request the Agency to enter into such litigation to protect
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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 $58,225 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 Fifty-Eight
Thousand Two Hundred Twenty-Five Dollars and 00/100 ($58,225.00) or less, are subject to the
claims procedures set forth in California Public Contract Code Sections 20 I 04, et seq., except as
otherwise provided in this Contract and the incorporated documents, conditions and specifications. A
copy of the California Public Contract Code Sections 20104 through 20 I 04.6 is attached to this
Contract as Exhibit "A."
29. LOBBYING AND INFLUENCING EMPLOYEES.
(I) No public works funding shall be paid, by or on behalf of, the Contractor or its
Subcontractors, to any person for influencing or attempting to influence an officer or employee of the
Agency in connection with the Project.
(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 ofInterest Code of the Department
of Industrial 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 V.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services or materials pursuant to this Contract
or the subcontract. This assignment shall be made and become effective at the time the Agency
tenders final payment to the Contractor, without further acknowledgment by the parties.
31. ENERGY CONSERV A nON REQUIREMENTS. The Contractor agrees to comply with
mandatory standards and policies relating to energy efficiency that are contained in the state energy
conservation plan issued in 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, 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.
33. 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 this 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.
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34. LEAD-BASED PAINT. The Contractor agrees to submit to the Agency, an Abatement Plan,
including workdays required and a cost breakdown per the State of California Department of Health
Services Regulations and per the South Coast Air Quality Management District prior to the
commencement of demolition work on the Project.
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
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 agrees to submit to the Agency,
an Abatement Plan, including workdays required and a cost breakdown per the State of California
Department of Health Services Regulations and per the South Coast Air Quality Management District
prior to the commencement of demolition work on the Project.
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 and asbestos
containing materials removed pursuant to this Contract and the Contract Documents without any cost
or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay
such fees, taxes and other charges and assessments as may be charged, levied or assessed as to the
removal, transportation and disposal of the asbestos 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. 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,
qualifications, insurance and approvals of whatever nature that are legally required to be maintained by
the Contractor to conduct its business activities within the City.
37. STATE OF CALIFORNIA PREVAILING WAGE DETERMINATIONS. The appropriate
prevailing wage determinations may be obtained from the California Department of Industrial
Relations Internet Web Site at www.dir.ca.gov/dirdatabases.html.
11/
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IN WITNESS WHEREOF, three (3) 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
Date:
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
~~~
Ag~ ou el
CONTRACTOR:
J & G Industries, Inc., a California corporation
Date:
By:
Name
Type or Print Contractor'slBidder's Business Address (City, State and Zip Code)
Contractor's License
Contractor License Classification
Bond Number
Contractor's License Expiration Date
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EXHIBIT "A"
Addendum to Demolition Contract
ADDENDUM TO
DEMOLITION CONTRACT
(ASBESTOS/LEAD-BASED PAINT ABATEMENT
AND DEMOLITION/SITE CLEARANCE PROJECT)
This Addendum to Demolition Contract (this "Addendum") is by and between the
Redevelopment Agency of the City of San Bernardino (the "Agency") and J&G
Industries, Inc., a California corporation (the "Contractor"), and is an addendum and
modification of the standard provisions contained the Demolition Contract dated as of
May 18, 2009 (the "Demolition Contract") to which this Addendum is attached. This
Addendum is dated as of May 18,2009.
Section 1. Notwithstanding the standard terms and provisions as contained in the
Demolition Contract, the following set forth specific conditions will apply to the
Demolition Contract and will be deemed to amend, modifY and supersede all other terms
and provisions as contained in the Demolition Contract that may be contrary or
inconsistent with the specific provisions set forth in this Addendum. Any inconsistencies
between the content of this Addendum and the Demolition Contract shall be governed as
set forth in this Addendum by the specific items addressed herein.
Section 2. The following Sections in whole or certain proVIsIons of the
Demolition Contract as enumerated below shall not be a part of this Addendum and shall
not be deemed to be a part of the final Demolition Contract:
(a) Section 15
(b) Section 18
(c) Section 23, the phrase ", the Division of Labor Standards Enforcement or the
Division of Apprenticeship Standards"
(d) Section 37
1
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IN WITNESS WHEREOF, three (3) identical counterparts of this Addendum to
the Demolition 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 imd politic
(First Party)
By:
Emil A. Marzullo, Interim Executive Director
CONTRACTOR:
J&G Industries, Inc., a California corporation
By:
Title:
By:
Title:
2
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