HomeMy WebLinkAboutR43-Economic Development
CITY OF SAN BERNARDINO 0 RIG I NA L
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Award of a Construction Contract for the
Installation of a Fire Snppression System -
California Theatre of the Performing Arts
located at 562 West 4th Street (Central City
North Redevelopment Project Area)
DATE: June 3, 2009
Svnoesis of Previous Commission/Council/Committee Action(s):
On May 7, 2009, Redevelopment Committee Members Johnson and Brinker unanimously voted to recommend that the
Community Development Commission consider this action for approval.
Recommended Motion(s):
(Mavor and Common Council)
Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the funding of the
Construction Contract for the installation of fIre sprinklers and a fIre suppression system in the California
Theatre by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Inland
Building Construction Companies, Inc., and making certain fIndings and determinations pursuant to Health &
Safety Code Section 33445 as to the benefIt of such improvements to the State College Redevelopment Project
Area and the Tri-City Redevelopment Project Area for undertaking of certain improvements to an Agency-
owned facility (Central City North Redevelopment Project Area)
(Communitv Develooment 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 Construction Contract by and between the Agency and Inland Building Construction
Companies, Inc., for a fIre sprinkler and fire suppression system at the California Theatre (Central City North
Redevelopment Project Area)
Contact Person( s):
Carey K. J eokins
Central City North Redevelopment
Proj ect Area
Phone:
(909) 663-1044
Project Area(s):
Ward(s):
1"
Supporting Data Attached:
o Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
Funding Requirements:
Amount: $ 1,030,000
Source:
Agency tax allocation bond proceeds
Budget Authority:
FY 2008-2009 Budget
~~-)
C<"t, .....
Emil A. Marzullo, Interim Executive Director
---......-
Signature:
Fiscal Revie .
tive Services Director
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P:lAgendas\Comm De\' CommissionlCDC 2009\06-15-09 CA Theatre. Fire Suppression System SR doc
COMMISSION MEETING AGENDA
Meeting Date: 06/15/2009
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
AWARD OF A CONSTRUCTION CONTRACT FOR THE
INSTALLATION OF A FIRE SUPPRESSION SYSTEM - CALIFORNIA THEATRE
OF THE PERFORMING ARTS LOCATED AT 562 WEST 4TH STREET
(CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA)
BACKGROUND:
In 2006, during Phase 1 of the California Theatre of the Performing Arts (the "Theatre") facility
renovation, the City of San Bernardino Fire Marshal directed the Economic Development Agency (the
"Agency") to install a fire protection sprinkler system for the entire structure. At the time, the Agency did
not have the funds or the required down-time in Theatre operations to complete the required retrofitting of
a full-scale fire suppression system (the "System"). As a compromise, the Fire Marshal accepted the
Agency's alternative to create a phased rehabilitation plan that would rely on establishing an internal fund
to be capitalized over a specified period of time. In addition, planning funds would be expended to
procure a professional construction manager to approve the design of the System and oversee the
installation process on behalf of the Agency.
In the summer of 2008, the Agency released a request for proposals for design and construction
management services associated with the System for the Theatre. Review and approval on the subsequent
responses were conducted. On September 2, 2008, an Agreement was signed with Vanir Construction
Management, Inc. (the "Consultant"), to perform certain professional services leading to the development
of the System. The agreement called for the consultant to design the System to cover the entire structure
(all rooms, offices, lobbies, spaces, closets, stairs, etc.), oversee the bid process for construction services,
and serve as the construction manager on behalf of the Agency.
The Theatre, located at 562 West 4th Street in San Bernardino, California, has been owned, operated and
maintained by the Agency since 1994 and serves as a downtown icon, as well as a regional cultural and
entertainment center.
CURRENT ISSUE:
On March 12, 2009, the Agency submitted an advertisement for licensed general contractors experienced
in building fire suppression systems to be published on March 15,2009, and again on March 22, 2009, in
the San Bernardino County Sun newspaper. The bid packages for the System were made available for
pick-up at the office of the Consultant located at 290 North "D" Street, Suite 900, San Bernardino, CA
92401. The contractor job walk was conducted on March 26, 2009, and on April 20, 2009, bids were
received and opened for the five (5) submissions received. The range of bids received was from $824,000
to $2,973,214. Based on a thorough vetting of all bids by the Consultant, the lowest responsible bidder
was Inland Building Construction Companies, Inc., in the sum of $824,000, as shown below:
P\Agendas\Comm Dev Commission\CDC 2009\06-15-09 CA Theatre - Fire Suppression System SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 06/15/2009
Agenda Item Number: 11..1.13
Economic Development Agency Staff Report
CA Theatre - Fire Suppression System
Page 2
Companv
Bid Amount
Inland Building Construction Companies, Inc.
Abeam Construction
Facility Builders & Erectors, Inc.
Sudweeks Construction, Inc.
Fischer, Inc.
$824,000
$945,000
$979,444
$980,000
$2,973,214
As a result of this process, the review conducted by the Agency's Consultant and the overall bid price
submitted, Agency Staff recommends awarding the construction contract to Inland Building Construction
Companies, Inc., in the amount of $824,000. Due to the age of the building and the type of retrofitting to
occur, the Consultant has recommended a contingency of 25% of the total construction contract. In doing
so, the Consultant has also stated they will aggressively monitor and control any possible change orders to
mitigate the added expense of having to use the contingency fund.
Assuming the notice to proceed is issued on or before June 22, 2009, the start of construction would
commence on June 29, 2009, immediately following the Theatre's completion of the performance for the
2008-2009 Season. Provided the construction schedule identified by the Contractor remains in place, the
installation of the fire suppression system would be completed by October 2,2009. This timeline would
coincide with the Theatre's down-time as no performances are scheduled during the construction phase
and thus, the proposed schedule would minimize the disruption of the Theatre business managed by
Theatrical Arts International.
ENVIRONMENTAL IMPACT:
Categorically exempt under the California Environmental Resources Evaluation System ("CERES"), Title
14; Guidelines Chapter 3 of the California Environmental Quality Act ("CEQA"), Article 19, Section
15302, Class 2.
FISCAL IMPACT:
A total of $1,030,000 is needed ($824,000, plus a 25% contingency of $206,000) for the Improvements
from Agency tax allocation bond proceeds. These funds have been identified for use in the Agency's FY
2008-2009 Budget.
RECOMMENDATION:
That the Mayor and Common Council and the Community Development Commission adopt the attached
Resolutions.
~~
ct. '. /
Emil A. Marzul 0, nterim Executive Director
PlAgendas\Comm Dev Commission\CDC 2009\06-15-09 CA Theatre - Fire Suppression System SR_doc
COMMISSION MEETING AGENDA
Meeting Date: 06/15/2009
Agenda Item Nnmber: ]l.U~
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RESOLUTION NO.
tO~Y
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE FUNDING OF THE
CONSTRUCTION CONTRACT FOR THE INSTALLATION OF FIRE
SPRINKLERS AND A FIRE SUPPRESSION SYSTEM IN THE CALIFORNIA
THEATRE BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") AND INLAND BUILDING
CONSTRUCTION COMPANIES, INC., AND MAKING CERTAIN FINDINGS
AND DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE
SECTION 33445 AS TO THE BENEFIT OF SUCH IMPROVEMENTS TO
THE STATE COLLEGE REDEVELOPMENT PROJECT AREA AND THE
TRI-CITY REDEVELOPMENT PROJECT AREA FOR UNDERTAKING OF
CERTAIN IMPROVEMENTS TO AN AGENCY-OWNED FACILITY
(CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA)
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
12 and a charter city duly created and existing pursuant to the Constitution and the laws of the State of
13 California; and
14 WHEREAS, the Community Development Commission of the City of San Bernardino (the
15 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
16 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of
17 California, organized and existing pursuant to the California Community Redevelopment Law (Part
18 I of Division 24 commencing with Section 33000) of the Health and Safety Code of the State 0
19 California (the "Act"); and
20 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
21 Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the
22 cost of installation and construction of any building, facility, structure or other improvement which
23 is publicly owned either within or without the boundaries of a redevelopment project area if the
24 Council determines: (I) that such buildings, facilities, structures or other improvements are 0
25 benefit to the redevelopment project area or the immediate neighborhood in which the project is
26 located, regardless of whether such improvement is within another project area, or in the case of the
27 project area in which substantially all the land is publicly owned, that the improvement is of benefit
28 to an adjacent project area of the Agency; (2) that no other reasonable means of financing such
I
P:\AgendasIResolutionslResolutions\2009\06-1S_Q9 CA Theatre Fire Suppression System Mce Resodoc
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1 buildings, facilities, structures or other improvements is available to the community, and such
2 determination by the Commission and the Council shall be final and conclusive; and, (3) that the
3 payment of funds for the cost of the facilities, structures or other improvements will assist in the
4 elimination of one or more blighted conditions inside the redevelopment project area; and
5 WHEREAS, the Council and the Commission have previously approved and adopted the
6 Redevelopment Plan for the Central City North Redevelopment Project Area (hereinafter referred to
7 as the "Redevelopment Plan"); and
8 WHEREAS, it is in the interests of the present landowners within the project area subject to
9 the Redevelopment Plan (the "Project Area") and the residents, both within the Project Area and
10 within the City generally, that the Agency cause the funding of the sprinkler installation and fire
11 suppression system contract with Inland Building Construction Companies, Inc. (the "Construction
12 Contract" in the form as attached hereto marked as Exhibit "A"), as the lowest responsible bidder,
13 for the construction and installation of the fire sprinkler and fire suppression system for the Agency-
14 owned California Theatre located at 562 West 4th Street (the "Property") within the Central City
15 North Redevelopment Project Area; and
16 WHEREAS, the Agency-owned Property is required to have a fire suppression and sprinkler
17 system to assure safety to the public and to protect the Agency investment in this Property; and
18 WHEREAS, the improvements to the California Theatre will serve all residents of the City
19 and within certain redevelopment areas, and in particular the Project Area, the State College
20 Redevelopment Project Area ("State College") and the Tri-City Redevelopment Project Area ("Tri-
21 City") (State College and Tri-City are herein sometimes referred to collectively as the "Benefited
22 Project Areas") in that the Benefited Project Areas are in proximity to the Project Area which serves
23 commercial, retail and other community needs of the Benefited Project Areas as to those functions
24 that cannot be provided separately within the Benefited Project Areas; and
25 WHEREAS, the Project Area is suffering from stagnant property values and impaired
26 investments, and in order to promote the City's health, safety and welfare, it is important that the
27 Agency fund the costs of the aforementioned fire sprinkler and fire suppression systems including
28 the construction management thereof; and
2
P:\Agendas\Resolutions\Reso\ution~\2009\06-15_09 CA Theatre Fire SuppressiOll System MCC Reso doc
1 WHEREAS, in connection with the funding of the fue sprinkler and fire suppression
2 systems, it is proposed that the Agency shall utilize certain funds attributable to the Benefited
3 Project Areas in an amount of $1,267,487.72 allocated in the amount of $641,365.66 from State
4 College and $621,122.06 from Tri-City payable from the net available bond proceeds of the 2002
5 Tax Allocation Refunding Bonds of the Agency.
6 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
8 FOLLOWS:
9
Section 1.
The Recitals hereinabove are true and correct and are incorporated herein by
10 this reference.
11
Section 2.
The Council hereby consents to the payment by the Agency of those costs
12 required by the Construction Contract in order to ensure the economic enhancements and stability of
13 the Benefited Project Areas and other neighborhoods with the City for the reasons set forth in the
14 Recitals hereinabove and to provide for the safety of the California Theater which is owned by the
15 Agency as a public use facility. The Council also finds and determines that: (I) the buildings,
16 facilities, structures, or other improvements are of benefit to the Project Area and the Benefited
17 Project Areas or the immediate neighborhood in which the California Theatre is located, regardless
18 of whether the improvement is within another project area, or in the case of a project area in which
19 substantially all of the land is publicly owned that the improvement is of benefit to an adjacent
20 project area of the Agency; (2) no other reasonable means of financing the buildings, facilities,
21 structures, or other improvements comprising the fire sprinkler and fire suppression system, are
22 available to the community; and (3) the payment of funds for the cost of buildings, facilities,
23 structures, or other improvements to the California Theatre will assist in the elimination of one or
24 more blighting conditions inside the Project Area, and is consistent with the implementation plan
25 adopted pursuant to Section 33490.
26
Section 3.
The findings and determinations herein shall be final and conclusive. This
27 Resolution shall take effect upon its adoption and execution in the manner as required by the City
28 Charter.
3
P\AgendasIResolutionslResoILlliOIlS\2009\06-1 5-09 CA Theatre Fire Sl.Ippression System MCC Reso doc
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE FUNDING OF THE
CONSTRUCTION CONTRACT FOR THE INSTALLATION OF FIRE
SPRINKLERS AND A FIRE SUPPRESSION SYSTEM IN THE CALIFORNIA
THEATRE BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") AND INLAND BUILDING
CONSTRUCTION COMPANIES, INC., AND MAKING CERTAIN FINDINGS
AND DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE
SECTION 33445 AS TO THE BENEFIT OF SUCH IMPROVEMENTS TO
THE STATE COLLEGE REDEVELOPMENT PROJECT AREA AND THE
TRI-CITY REDEVELOPMENT PROJECT AREA FOR UNDERTAKING OF
CERTAIN IMPROVEMENTS TO AN AGENCY-OWNED FACILITY
(CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
10 Common Council of the City of San Bernardino at a
meeting
11 thereof, held on the
12 Council Members:
13 ESTRADA
14 BAXTER
15 BRINKER
16 SHORETT
17 KELLEY
18 JOHNSON
19 MC CAMMACK
20
21
day of
2009, by the following vote to wit:
Navs
Abstain
Aves
Absent
Rachel G. Clark, City Clerk
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The foregoing Resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
26 Approved as to Form:
27
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, f tA--
4
Pc\Agendas\ResolutionslResolulions\2009\06_15_09 CA Theatre Fin: Suppression Sy$tcm MCC Reso.doo;
EXHIBIT "A"
PROJECT CONTRACT
THIS PROJECT CONTRACT (the "contract" or "Contract"), is made and entered into this _ day of
, 200~ by and between Redevelopment Agency of the City of San Bernardino (referred to
herein as the "Owner" or the "Agency") and Inland Buildina Construction Comoanies. Inc. (the
!'Contractor").
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do
covenant and agree with each other as follows:
1. THE CONTRACT DOCUMENTS. The complete contract is comprised of and. includes: the
Notice of Inviting Bids, the Instructions to Contractorsl Bidders, the accepted Contractor'sl Bidder's Proposal,
the Bidding Schedule, this Project Contract, Contractor's! Bidder's Proposal Guaranty (Bid Bond), Contractor's!
Bidder's Bid, Contractor'sl Bidder's Certification Concerning Labors Standards and Prevailing Wage
Requirements, Contractor's I Bidder's Certification Concerning Equal Employment Opportunity, Contractor's!
Bidder's Certification Concerning "Section 3" Clause, Contractor's! Bidder's and Vendors Certification
Concerning Affmnative Action Policy, Contractor's! Bidder's Certification Concerning Nonsegregated
Facilities Contractor'sl Information Good Faith Efforts, Contractor'sl Bidder's Certification Concerning No
Suspensi~n and Debarment Requirements for Public Works Contracts Under the Public, Contracts Code and foi-
all Contracts over $25,000 (49 CFR 29), Contractor's! Bidder's Certification Concerning Trade Restrictions,
Contractor's I Bidder's Certification Concerning Worker's Compensation Insurance, Contractor'sl Bidder's
Certification Concerning Clean Air and Water Pollution Control, Contractor's! Bidder's Certification
Concerning Designation of Subcontractors, Contractor's! Bidder's Certification Relating to Campaign
Contributions, Non-Collusion Affidavit, Contractor'sl Bidder's Certification Concerning Buy American,
Subcontractor'sl Bidder's Statement of Experience, Subcontractor's Certification Concerning Labors Standards
and Prevailing Wage Requirements, Subcontractor's I Bidder's Certification Concerning Equal Employment
Opportunity, the Form of Performance Bond, the Form of Labor and Material Bond, the Noncollusion Affidavit
the Certification of Insurance Coverage, Copies of State of California Contractor's Licenses, Worker's
Compensation Insurance, Liability Insurance per Contract, the complete Project Construction Plans and
Specifications and Provisions, General Conditions, the Special Conditions, the Detail Specifications, any
Addendums, Regulations, Ordinances, Codes, and Laws incorporated therein or herein by reference or otherwise
applicable to the Project.
All of the above documents are intended to cooperate so that any work called for in one and not mentioned in
the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents
comprising the complete contract are hereinafter referred to collectively as the Contract Documents.
2. THE WORK. Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and
materials (except that specifically mentioned as being furnished by others) necessary to perform and complete
the work in a good and workerlilce manner as called for, and in the manner designated in, and in strict
conformity with the Project Construction Plans, Detail Specifications, and other Contract Documents which are
identified by the signatures of the parties to this Contract and are, collectively, entitled: .
Redevelopment Agency of the City San Bernardino
CALIFORNIA THEATRE PROJECT-FIRE SUPPRESSION SYSTEM
562 WEST 4TH STREET, SAN BERNARDINO
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
unit prices contained in the Contractor's Bid Schedule to the actual quantities used for the Project.
Redevelopment Agen<:)' of the Cllr OrSIIR nernardino
................................. Pl.oje~t: C:I[jrorni~ Theo(re 562 Wcrt 4lh Street (Fire Suppression SYSlelil)
Addendum I
CONTRACTDQCUMENTS
00200
Rev.O<lf1<1/09
For the purpose of fixing the amount of bonds referred to in Paragraph 23 of the Instructions to Contractors!
Bidders, it is estimated by both Parties that the total contract price based on the foregoing is
Eiaht hundred twenlY four thousand dollars Dollars ($ 824.000.00 )
Redevelopment Agenc)' oUhe City of Sail Bernardino
..............,....",........... Project: Californb Theatre 562 Wesl4tll Stn!cf (Fire Suppression System)
Addentluml
CONTRACT DOCUMENTS
00200
Rev.04fI4/09
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the
true value of any work done or any work omitted, or of any extra work which the Contractor may be required to
do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute
shall be decided by a third party chosen by the Agency and the Contractor, and their decision shall be final and
conclusive. Under no condition shall there be a cessation of work by the Contractor during any such dispute.
This article does not exclude recovery of damages by either party for delays.
5. PAYMENT. Not later than the 20th day of each calendar month, the Contractor shall make a partial
payment request to the Agency on the basis of an estimate approved by the Construction Manager and Agency
of the work performed since the last partial payment request during the preceding month by the Contractor with
(lO%) ten percent of the amount of each such estimate retained by the Agency, until completion of the Project
and the recordation of a Notice of Completion of all work covered by this Contract. The Agency shall make any
partial payments provided for in this contract to the Contractor within thirty (30) days of the Agency's receipt of
an undisputed and properly executed partial payment request from the Contractor. The Agency shall pay the
Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to
the Contractor within thirty (30) days of the Agency's receipt of an undisputed and properly executed partial
payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section
685.010. Upon receipt of a partial payment request from the Contractor, the Agency shall review the partial
payment request for the purpose of determining whether or not the partial payment request is a proper partial
payment request. Any partial payment request determined by the Agency not to be a proper partial payment
request suitable for payment shall be returned to the Contractor by the Agency within seven (7) days of the
Agency's receipt of such partial payment request. A partial payment request returned to the Contractor by the
Agency under the provisions of this section shall be accompanied by a written document setting forth the
reason(s) why the partial payment request is not proper. The number of days for the Agency to make a certain
partial payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced
by the number of days by which the Agency exceeds the seven (7) days return period for such partial payment
request, if determined to be improper, as set forth in this section. For the purposes of this section, a "partial
payment" means all payments due to the Contractor under this contract, exclusive of that portion of the final
payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall
be considered properly executed by the Agency, if funds are available to pay the partial payment request and
payment is not delayed due to an audit inquiry by the Agency's financial officer. The Agency will release
Contractor's retention earnings within forty-five (45) days' after recordation of Notice of Completion, as defined
in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the Agency
shall constitute the Agency's acceptance of the Project work.
6. REAL PROPERTY LIENS. 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 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 notice
of any unpaid bill or charge in connection with the performance of this Contract, Contractor shall forthwith
either pay and discharge the liens and! or claims of lien and cause same to be released of record, or Contractor
shall furnish the Agency with proper indemnity, either by satisfactory corporate Surety Bond or satisfactory title
policy. Said indemnity shaIl also be subject to approval of Lien Holder.
7. TIME FOR COMPLETION. All work under this contract shaIl be completed within a period of one
hundred and sixteen (I 16) consecutive calendar days from the date of the Contractor's receipt of Notice to
Proceed from the Agency.
Redevelopment Agency of the City of San 8ern.ardino
.................... ............ Projeet: California Theatre 56! West 4th Street (Fire Suppression System)
Addendum I
CONTRACT DOCUMENTS
00200
Rev.04114109
8. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or its
employees or those under it by Contract or otherwise, or by changes ordered in the work, or by strikes, lockouts,
fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the
Agency, or by any justifiable cause which the Construction Manager and 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 Construction Manager and Agency for
approval. The Construction Manager and Agency will evaluate the claim and if the claim is justifiable, will
request the Agency's approval. No such extension will be allowed unless written claim therefore has been made
within three (3) days after the delay became apparent.
9. LIQUIDATED DAMAGES FOR DELAY. If the Contractor is unable to complete the work within
the specified time, the Contractor agrees to pay as liquidated damages, the sum of $1,000.00 for each
consecutive calendar day, until the work has been completed pursuant to the terms of this Contract.
10. 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 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.
I I. INSURANCE. The Contractor shall procure and maintain insurance policies meeting the
minimum requirements set forth below. Insurance shall be provided by insurers satisfactory to the Agency.
Certificates evidencing insurance coverage shall be delivered to the Agency for each policy required herein prior
to commencement of any work. All insurance certificates shall name the Agency as an additional insured and
provide for thirty (30) days prior to written notice of cancellation to the Agency.
a. Comprehensive General Liability Insurance. The Contractor shall maintain comprehensive
general liability insurance of not less the One Million Dollars ($1,000,000) combined single limit per
occurrence. The Contractor must provide CGL Policy with appropriate endorsement for builders course
of construction and fire casualty loss.
b. Automobile Insurance. The Contractor shall maintain comprehensive automobile liability
insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence.
c. Worker's ComDensation. The Contractor sh~lI maintain worker's compensation coverage
in accordance with the Laws of the State of California for all workers under it employ and
Subcontractors performing the work required herein.
12. LABOR PROVISIONS.
a. Minimum Wages.
(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
(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3)), 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
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or
Redevelopment Agency (If the City orSan Bernardino
....................... . ....... Project: California Theatre 562 West 4th Street (Fire Suppression System)
Addendum I
CONTRACT DOCUMENTS
00200
Rev.04fl4/09
costs reasonably anticipated for bona fide fringe benefits under section I (b)(2) of the Davis-Bacon Act on behalf
of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of
subparagraph a.(4) below; also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or
mechanics performing work in more than one 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 (including any
additional classification and wage rates conformed under a.(2) of this section) and the Davis-Bacon poster (WH-
1321) 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) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to
be employed under the contract shall be classified in conformance with the wage determination. The Agency
shall approve an additional classification and wage rate and fringe benefits therefor only when the following
criteria have been met:
(A) The work to be performed by the classification requested is not performed by a classification in
the wage determination; and
(B) The classification is utilized in the area by the construction industry; and
(C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination.
(ii) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), Or their representatives, and the Agency agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Agency to the
Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modifY, or
disapprove every additional classification action within thirty (30) days of receipt and so advise the Agency or
will notifY the Agency within the 3D-day period that additional time is necessary.
(iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or
their representatives and the Agency do not agree on the proposed classification and wage rate (including eh
amount designated for fringe benefits where appropriate), the Agency shall refer the questions, including the
views of all interested parties and the recommendation of the Agency, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt
and so advise the Agency or will notifY the Agency within the thirty (30) day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)
(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification
under this Contract from the first day on which work is performed in the classification.
(3) 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.
Redevelopment Agency or the City of SaD Bernllrdjno
............... Project; C3lifornia Thelltre 562 West 4th Street (Fire SlIppres5ion System)
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(4) 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 Secretary of Labor has found,
upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor 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 Agen'cy shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the Contractor under this
contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject
to Davis-Bacon prevailing wage requirements, which is held by the same Contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the Project, all or part of the wages required by the contract, the Agency may
after written notice to the Contractor, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
c. Payrolls and Basic Records.
(1) 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 (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section
I (b )(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under paragraph a(4) of this clause that the wages of
any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. If
the Contractor employs apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
(2) (i) The Contractor shall submit weekly for each week in which any Contract work
is performed a copy of all payrolls to the Agency. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under paragraph c(1) above. This information may
be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing
Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all
Subcontractors.
(ii) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the Contract and shall certify the following:
Redevelopment Agency oftbe City of San Bernardino
..... Project: California Theatre 562 West 4th Street (Fire Suppression S)'stem)
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(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 as set forth in 29 CFR Part 3;
(C) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the Contract.
(iii) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfY the requirement for submission of the "Statement of
Compliance" required by paragraph c.(2)(b) of this section.
(iv) The falsification of any of the above certifications may subject the Contractor
or Subcontractor to civil or criminal prosecution under Section 100 I of Title 18 and Section 231 of Title 31 of
the United States Code.
(3) The Contractor or Subcontractor shall make the records required under paragraph c(1)
of this section available for inspection, copying or transcription by authorized representatives of the Agency, the
Department of Labor, 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
Department of Labor may, after written notice to the Contractor or Agency take such action as may be necessary
to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for Debarment of the
Contractor or Subcontractor pursuant to 29 CFR 5.12.
d. Aoorentices and Trainees.
(I) Aoorentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they perform when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the United States Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered in the prograrn, but who has
been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. 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 registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise 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 registered program
shall be paid not less than the applicable wage rate on the wage determination of the work actually performed.
Where a Contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or Subcontractor's registered program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program 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
Rf'deveJopmenl Agency or the Cily ofS.an Bernardino
................................. Project: California The:ltre 562 Wesl4th Slrcel (Fire Suppression System)
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benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does
not speciry fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to. utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(2) Trainees. Except as provided in 29 CFR 5.16, 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 a program which has received prior approval, evidenced by formal certification by the United
States Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the Project site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. 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 the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment
and Training Administration 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 registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a 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 Emplovment Opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
e. Compliance With Copeland Act Requirements. The Contractor shall comply with the
requirements of 29 CFR Part 3, which are incorporated by reference into this Contract.
f. . Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts the
clauses contained in paragraphs a. through j. of this Contract and such other clauses may by appropriate
instructions require, 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 in 29 CFR 5.5.
g. Contract Termination: Debarment. A breach of the Contract clauses in paragraphs a. throughj.
of this Section 8 and a. through e. of Section 9 below are grounds for termination of this Contract, and for the
Debarment of the Contractor or Subcontractor as provided in 29 CFR 5.12.
h. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations
of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 are herein incorporated by reference
in this Contract.
Redevelopment Agenc)' of fhe City of $:an BerRlIrdino
.................... ......... Project: California Theatre 562 Wesl4th Street (Fire Suppression System)
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i. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of
this Contract shall not be subject to the general disputes provision of this Contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7.
Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontracts)
and the Agency, the U.S. Department of Labor, or the employees or their representatives.
J. Certification ofElilribilitv.
(1) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.l2(a)(l).
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award
ofa Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.l2(a)(I).
(3) The penalty for making false statements or certifications in the making of this Contract
is prescribed in the U.S. Criminal Code, 18 U.S.c. 1001.
]3. 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 ofIaborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek,
whichever is greater.
b. Violation; Liabilitv 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 therefor 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$1O (ten dollars) for each calendar day on which such individual was required or permitted to work
in excess of the standard 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 Labor 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 Federal contract with the same Contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, 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 (29 CFR Part 1926) issued by the Department of Labor.
Redevelopment Agellcy of the City of San Bernardino
,... Project: California Theatre 562 West 4th Street (Fire Suppression System)
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e. Subcontracts. The Contractor and any Subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs a. through d. and also a clause requiring the Subcontractor to include these clauses in any
lower tier subcontracts. The Contractor shall be responsible for compliance by any Subcontractor or lower tier
Subcontractor with the clauses set forth in paragraphs a. through d.
14. 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 tbe discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the Contract covers a program set forth in Appendix B of the Regulations.
15. DISADVANTAGED BUSINESS ENTERPRlSE PROGRAM PROVISIONS. The Contractor,
subrecipient or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. Failure by the Contractor to carry out these requirements is a material breach of
this Contract, which may result in the termination of this Contract or such other remedy as recipient deems
appropriate.
The Contractor agrees to pay each Subcontractor under this contract for satisfactory perforn1ance of its Contract
no later than ten (10) days from the receipt of each payment the Contractor receives from Agency. The
Contractor agrees further to return retainage payments to each Subcontractor within seven (7) 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 Disadvantage Business Enterprises (DBE) and non-Disadvantage Business Enterprises
Subcontractors.
16. CIVIL RIGHTS. The Contractor assures that it will comply with pertinent statutes, Executive
Orders 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 Federal assistance. 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.
17. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERlALS
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 tbe Contractor of the Contractor's obligations under this
Contract and the Regulations relative to nondiscrimination on the grounds of race, color or nati~nal origin.
18. 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.
19. 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 determine to
be appropriate, including but not limited to:
Redevelopment Agency or the City of San Bernardino
. .................... .......... Project: Calirornia The:atre 561 West 4th Streef (Fire Suppression System)
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a. Withholding of payments to the Contractor under the contract until the Contractor
complies, and/or
b. Cancellation, termination or suspension of the contract, in whole or in part.
20. INSPECTION OF RECORDS. The Contractor shall maintain an acceptable cost accounting
system. The Agency, the Comptroller General of the United States or any of their duly authorized
representatives 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.
21. RIGHTS IN INVEl'<iIONS. 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.
22. 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.
'n 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 it's Contract
obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice
directs otherwise) and all materials as may have been accumulated in performing this Contract, whether
completed or in process, delivered to the Agency.
b. If the termination is for the convenience of the Agency, an equitable adjustment in the Contract
price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the Contractor's obligations, the Agency may take
over the work and prosecute the same to completion by Contract or otherwise. In such case, the
Contractor shall be liable to the Agency for any additional cost occasioned to the Agency thereby.
d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the
Contractor had not so failed, the termination shall be deemed to have been effected for the convenience
of the Agency. In such event, adjustment in the contract price shall be made as provided in paragraph 2
of this clause.
e. The rights and remedies of the Agency provided in this clause are in addition to any other rights
and remedies provided by law or under this contract.
24. INCORPORA nON 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
Redevelopmenl Agenc)' of the CityorSan Bernardino
...... Project; C,'l.lifornill The:Hre562 West 4th Street (Fire Suppression Synem)
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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 United States to enter into such litigation to protect the interests of the United States.
25. 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
Proj ect 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 $375,000 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 California Public
Contract Code Sections 20104 through 20104.6 is attached to this Contract.
26. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES.
(I) No Federal appropriated funds 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 any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
making of any Federal grant or the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor
or its Subcontractors to any person for influencing or attempting to influence an officer or employee of the
Agency, any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard
Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions.
27. 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 andlor 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 U.S.c. Sec. 15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services, or materials pursuant to this Contract or the
subcontract. This assignment shall be made and become effective at the time the Agency tenders final payment
to the Contractor, without further acknowledgement by the parties.
28. ENERGY CONSERVATION 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)
29. 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 Contractor's expense.
30. CONTRACTORS BEST SKILL.
Redevelopment Agency or the City o(San Bernardino
... Projeet: California Theatre 562 Wesl4th Street (Fire Suppression System)
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The Contractor shall supervise and direct the work using its best efforts, skill and attention to ensure the
workmanship and materials are of good quality and that the work is completed in accordance with the Contract.
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 Contractor's
Laborers, Employees, Vendors and Subcontractors, ifany.
31. UTILITY SERVICES.
The Contractor will be able to use existing utilities without charge, including electric power and water.
If Contractor must disconnect or otherwise interrupt such services, including plumbing fixtures, to effect repairs
or replacement, the use or availability of such services shall not be deprive the Project's occupants, unless the
Project's occupants has been relocated. Where disruptions or disconnections will occur other than during
normal business hours, Contractor shall obtain approval of Project's occupant, at least twenty-four (24) hours
prior to such interruption.
32. LEAD-BASED P AlNT.
The Contractor agrees that the use of any lead-based paints is strictly prohibited and shall not be used on
this Project. Contractor agrees to submit to the Agency an Abatement Plan (include days required and cost
breakdown) with minimum abatement! disturbance/ encapsulation to surfaces indicated on Project Construction
Plans (cost effective method) per State of California Department of Health Services Regulations.
The Agency assumes no liability for damages for personal injury, illness, disability, or death to the
Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any
other person, including members of the general public, arising from or incident to the Agency Investigation
Work or other activity causing or leading to contact of any kind whatsoever with Lead-Based Paint on the
Agency Site, whether the Agency has properly warned, or failed to properly warn, any persons injured.
33. ASBESTOS CONTAINING MATERIALS.
Contractor agrees to submit to the Agency an Abatement Plan (include days required and cost
breakdown) with minimum abatement! disturbance/ encapsulation to surfaces indicated on Project Construction
Plans (cost effective method) per State of California Department of Health Services Regulations.
The Agency assumes no liability for damages for personal injury, illness, disability, or death to the
Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any
other person, including members of the general public, arising from or incident to the Agency Investigation
Work or other activity causing or leading to contact of any kind whatsoever with Asbestos on the Agency Site,
whether the Agency has properly warned, or failed to properly warn, any persons injured.
34. CLEANUP.
The Contractor shall keep the subject Project clean and orderly during the course of the work. Upon
completion of the work contemplated by this Contract, the Contractor shall cause all debris resulting from such
construction to be removed from the subject Project and shall leave the subject Project in a neat and "broom-
clean" condition.
Redevelopment Agency or the City orS~n Bernardino
........................ Project; California Theatre 562 West 4th Street (Fire Suppression System)
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IN WITNESS WHEREOF, three 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 [FIRST PARTY]
By:
[SIGNATURE OF AUTHORIZED PRINCIP ALl OFFICER! REPRESENTATIVE]
[TYPE OR PRINT NAME OF AUTHORIZED REPRESENTATIVE & OFFICAL TITLE]
By:
CONTRACTOR: Inland Building Construction Companies, Inc.
[TYPE OR PRINT NAME - SECOND PARTY]
'--~~."'^ ~~..
<':"~__'_m 0-.:.0:':"___... _._ _.~_;:'............ '
',~,-,>--'(-lc"--. ,"~,-
'-I-"~" .... .....-'..
[SIGNATU~OFAUT.~IZED PRINCIP ALl OFFICER! REPRESENTATIVE]
", ,,"
~arrr~:lYder, President
[TYPE OR PRINT NAME OF AUTHORIZED REPRESENTATIVE & OFFICAL TITLE]
323 S. Sierra Way San Bernardino, CA 92408
[TYPE OR PRINT CONTRACTOR! BIDDER BUSINESS ADDRESS (Suite, City, State, Zip Code)]
405281
[CONTRACTOR'S LICENSE]
B,C2,C8,C1 0,C61 ,016,024,028,042,052
[CONTRACTOR LICESNE CLASSIFICATION I
5/31/2011
[CONTRACTOR'S LICENSE EXPIRATION DATE]
[BOND NUMBER] 0490389
5/27/09
[DATE OF SIGNATURE]
Redevelopment Agcnty ofllie City orSan Bernardino
................................. Project: CnlJfornJn Theatre 562 Wcsl4th Street (FireSupprc$sion Srstcm)
Addendum J
COl':TRACT DOCUMENTS
00200
Rev.04f14!OSI
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RESOLUTION NO.
COrP
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
CONSTRUCTION CONTRACT BY AND BETWEEN THE AGENCY AND
INLAND BUILDING CONSTRUCTION COMPANIES, INC., FOR A FIRE
SPRINKLER AND FIRE SUPPRESSION SYSTEM AT THE CALIFORNIA
THEATRE (CENTRAL CITY NORTH REDEVELOPMENT PROJECT
AREA)
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
and a charter city duly created and existing pursuant to the Constitution and the laws of the State of
10
11
12
California; and
WHEREAS, the Community Development Commission of the City of San Bernardino (the
"Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
13
"Agency"), is a redevelopment agency, a public body, corporate and politic of the State of
14
California, organized and existing pursuant to the California Community Redevelopment Law (Part
15
I of Division 24 commencing with Section 33000) of the Health and Safety Code of the State 0
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California (the "Act"); and
WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the
19
cost of installation and construction of any building, facility, structure or other improvement which
20
is publicly owned either within or without the boundaries of a redevelopment project area if the
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Council determines: (I) that such buildings, facilities, structures or other improvements are of
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benefit to the redevelopment project area or the immediate neighborhood in which the project is
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located, regardless of whether such improvement is within another project area, or in the case of the
24
project area in which substantially all the land is publicly owned, that the improvement is of benefit
25
to an adjacent project area of the Agency; (2) that no other reasonable means of financing such
26
buildings, facilities, structures or other improvements is available to the community, and such
27
determination by the Commission and the Council shall be final and conclusive; and, (3) that the
28
payment of funds for the cost of the facilities, structures or other improvements will assist in the
I
P\Agendas\Resolutions\Resolutions\2009\06-15-09 CA Theatre Fire Suppression System CDC Reso doc
1 elimination of one or more blighted conditions inside the project area or provide housing for low- or
2 moderate-income persons, and is consistent with the implementation plan adopted pursuant to
3 Section 33490; and
4 WHEREAS, the Council and the Commission have previously approved and adopted the
5 Redevelopment Plan for the Central City North Redevelopment Project Area (hereinafter referred to
6 as the "Redevelopment Plan"); and
7 WHEREAS, it is in the interests of the present landowners within the project area subject to
8 the Redevelopment Plan (the "Project Area") and the residents, both within the Project Area and
9 within the City generally, that the Agency cause the funding of the sprinkler installation and fire
10 suppression system contract with Inland Building Construction Companies, Inc. (the "Construction
11 Contract"), as the lowest responsible bidder, for the construction and installation of the fire sprinkler
12 and fire suppression system for the Agency-owned California Theatre located at 562 West 4th Street
13 (the "Property") within the Central City North Redevelopment Project Area; and
14 WHEREAS, the Agency-owned Property is required to have a fire suppression and sprinkler
15 system to assure safety to the public and to protect the Agency investment in this Property; and
16 WHEREAS, the improvements to the California Theatre will serve all residents of the City
17 and within certain redevelopment areas, and in particular the Project Area, the State College
18 Redevelopment Project Area eState College") and the Tri-City Redevelopment Project Area ("Tri-
19 City") due to the fact that many of the patrons who will view performances and attend events at the
20 California Theatre either live within or maintain office locations within State College and/or Tri-
21 City (State College and Tri-City are herein sometimes referred to collectively as the "Benefited
22 Project Areas"); and
23 WHEREAS, the aforementioned Benefited Project Areas are in proximity to the Central City
24 North Redevelopment Project Area and serve commercial, retail and other community needs of the
25 Benefited Project Areas as to those functions that cannot be provided separately within the
26 Benefited Project Areas; and
27 WHEREAS, the Central City North Redevelopment Project Area is suffering from stagnant
28 property values and impaired investments, and in order to promote the City's health, safety and
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P'Agendas\Resolutions'Resolutions\2009'.06-15-09 CA Theatre Fire Suppression System CDC Reso doe
1 welfare, it is important that the Agency fund the costs of the aforementioned fire sprinkler and fire
2 suppression systems including the construction management thereof; and
3 WHEREAS, in connection with the funding of the fire sprinkler and fire suppressIOn
4 systems, it is proposed that the Agency shall utilize certain funds attributable to the Benefited
5 Project Areas in an amount of $1,267,487.72 allocated in the amount of $641,365.66 from State
6 College and $621,122.06 from Tri-City payable from the net available bond proceeds of the 2002
7 Tax Allocation Refunding Bonds of the Agency.
8 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
9 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
10 FOLLOWS:
11
Section 1.
The Recitals hereinabove are true and correct and are incorporated herein by
12 this reference.
13
Section 2.
The Commission hereby authorizes the payment by the Agency of those costs
14 required by Construction Contract in the total amount not to exceed $1,267,487.72 in order to
15 ensure the economic enhancements and stability of the Benefited Project Areas and other
16 neighborhoods within the City for the reasons set forth in the Recitals hereinabove. Such payment
17 for the costs of the Construction Contract shall be funded from the net available bond proceeds of
18 the 2002 Tax Allocation Refunding Bonds of the Agency in the amount of $1,267,487.72 allocated
19 in the amount of$641,365.66 from State College and $621,122.06 from Tri-City as to the allocable
20 portions of said refunding bonds attributable to State College and Tri-City.
21
Section 3.
The Commission also finds and determines that: (I )the buildings, facilities,
22 structures, or other improvements are of benefit to the Project Area and the Benefited Project Areas
23 or the immediate neighborhood in which the California Theatre is located, regardless of whether the
24 improvement is within another project area, or in the case of a project area in which substantially all
25 of the land is publicly owned that the improvement is of benefit to an adjacent project area of the
26 Agency; (2) no other reasonable means of financing the buildings, facilities, structures, or other
27 improvements comprising the fire sprinkler and fire suppression system to the California Theatre,
28 are available to the community; and (3) the payment of funds for the cost of buildings, facilities,
3
P .lAgendas\Resoll.ltions\Resolutions'-2009\06-IS-09 CA Theatre Fire Suppression System CDC Reso,doc
1 structures, or other improvements will assist in the elimination of one or more blighting conditions
2 inside the Project Area, and is consistent with the implementation plan adopted pursuant to Section
3 33490.
4
Section 4.
The Commission further authorizes the Interim Executive Director of the
5 Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Construction
6 Contract in the form as attached to this Resolution as Exhibit "A" subject to approval as to form by
7 the Agency Counsel.
8 Section 5. The findings and determinations herein shall be final and conclusive. This
9 Resolution shall take effect from and after its date of adoption by this Commission.
10 II
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16 II
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19 II
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21 II
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24 II
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27 II
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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 CONSTRUCTION
CONTRACT BY AND BETWEEN THE AGENCY AND INLAND BUILDING
CONSTRUCTION COMPANIES, INC., FOR A FIRE SPRINKLER AND FIRE
SUPPRESSION SYSTEM AT THE CALIFORNIA THEATRE (CENTRAL CITY
NORTH REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
2009, by the following vote to wit:
meeting
8 thereof, held on the _ day of
9 Commission Members: Aves
10 ESTRADA
11 BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
Navs
Abstain
Absent
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19
Secretary
20 The foregoing Resolution is hereby approved this
day of
,2009.
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25
Patrick 1. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
Approved as to Form:
26 By:
v -
Agency Counsel
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EXHIBIT "A"
CONSTRUCTION CONTRACT
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P:\AgendasIResolutions\Resolutions\2009\06-1S-09 CA Theatre Fire Suppression System CDC Resodoc
PROJECT CONTRACT
THIS PROJECT CONTRACT (the "contract" or "Contract"), is made and entered into this _ day of
, 200!!, by and between Redevelopment Agency of the City of San Bernardino (referred to
herein as the "Owner" or the "Agency") and Inland Buildino Construction Comoanies. Inc. (the
UContractorll).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do
covenant and agree with each other as follows:
1. THE CONTRACT DOCUMENTS. The complete contract is comprised of and. includes: the
Notice of Inviting Bids, the Instructions to Contractors! Bidders, the accepted Contractor's! Bidder's Proposal,
the Bidding Schedule, this Project Contract, Contractor's! Bidder's Proposal Guaranty (Bid Bond), Contractor's!
Bidder's Bid, Contractor's! Bidder's Certification Concerning Labors Standards and Prevailing Wage
Requirements, Contractor's / Bidder's Certification Concerning Equal Employment Opp6rtunity, Contractor's!
Bidder's Certification Concerning "Section 3" Clause, Contractor's! Bidder's and Vendors Certification
Concerning Affirmative Action Policy, Contractor's! Bidder's Certification Concerning Nonsegregated
Facilities, Contractor's! Information Good Faith Efforts, Contractor's! Bidder's Certification Concerning No
Suspension and Debarment Requirements for Public Works Contracts Under the Public, Contracts Code and fo;'
all Contracts over $25,0.0.0. (49 CFR 29), Contractor's! Bidder's Certification Concerning Trade Restrictions,
Contractor's / Bidder's Certification Concerning Worker's Compensation Insurance, Contractor's! Bidder's
Certification Concerning Clean Air and Water Pollution Control, Contractor's! Bidder's Certification
Concerning Designation of Suhcontractors, Contractor's! Bidder's Certification Relating to Campaign
Contributions, Non-Collusion Affidavit, Contractor's! Bidder's Certification Concerning Buy American,
Subcontractor'sf Bidder's Statement of Experience, Subcontractor's Certification Concerning Labors Standards
and Prevailing Wage Requirements, Subcontractor's / Bidder's Certification Concerning Equal Employment
Opportunity, the Form of Performance Bond, the Form of Labor and Material Bond, the Noncollusion Affidavit
the Certification of Insurance Coverage, Copies of State of California Contractor's Licenses, Worker's
Compensation Insurance, Liability Insurance per Contract, the complete Project Construction Plans and
Specifications and Provisions, General Conditions, the Special Conditions, the Detail Specifications, any
Addendums, Regulations, Ordinances, Codes, and Laws incorporated therein or herein by reference or otherwise
applicable to the Project.
All of the above documents are intended to cooperate so that any work called for in one and not mentioned in
the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents
comprising the complete contract are hereinafter referred to collectively as the Contract Documents.
2. THE WORK. Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and
materials (except that specifically mentioned as being furnished by others) necessary to perform and complete
the work in a good and workerlike manner as called for, and. in the manner. designated in, and in strict
conformity with the Project Construction Plans, Detail Specifications, and other Contract Documents which are
identified by the signatures of the parties to this Contract and are, collectively, entitled: .
Redevelopment Agency of the City San Bernardino
CALIFORNIA THEATRE PROJECT-FIRE SUPPRESSION SYSTEM
562 WEST 4TH STREET, SAN BERNARDINO
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
unit prices contained in the Contractor's Bid Schedule to the actual quantities used for the Project.
Redevelopl1ltl!t Ageney oflke CUr or San Bernardino
................................. Project: ClIUforul. Theatre 562 West oftll Strcet(FI~Sllpprcs.sloo S)'iledt}
Addendum I
CONTRACT DOCUMENTS
00""
Rev.a4I141G9
PaCe 10Ul
For the purpose of fixing the amount of bonds referred to in Paragraph 23 of the Instructions to Contractors!
Bidders, it is estimated by both Parties that the total contract price based on the foregoing is
Ei!lht hundred twenty four thousand dollars Dollars ($ 624.000.00 )
Redevelopment Agency oCtile City or8.. Bcnt:lrdIDO
................................. ProJ<<t: California. Thutrt 562 West 4th Street(Flrc Suppr6slon System)
Addendum 1
CONTRACT DOCUMENTS
00200
R.ev.04I14109
Pare 3 0(21
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the
true value of any work done or any work omitted, or of any extra work which the Contractor may be required to
do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute
shall be decided by a third party chosen by the Agency and the Contractor, and their decision shall be final and
conclusive. Under no condition shall there be a cessation of work by the Contractor during any such dispute.
This article does not exclude recovery of damages by either party for delays.
5. PAYMENT. Not later than the 20th day of each calendar month, the Contractor shall make a partial
payment request to the Agency on the basis of an estimate approved by the Construction Manager and Agency
of the work performed since the last partial payment request during the preceding month by the Contractor with
(10%) ten percent of the amount of each such estimate retained by the Agency, until completion of the Project
and the recordation of a Notice of Completion of all work covered by this Contract. The Agency shall make any
partial payments provided for in this contract to the Contractor within thirty (30) days of the Agency's receipt of
an undisputed and properly executed partial payment request from the Contractor. The Agency shall pay the
Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to
the Contractor within thirty (30) days of the Agency's receipt of an undisputed and properly executed partial
payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section
685.010. Upon receipt of a partial payment request from the Contractor, the Agency shall review the partial
payment request for the purpose of determining whether or not the partial payment request is a proper partial
payment request. Any partial payment request determined by the Agency not to be a proper partial payment
request suitable for payment shall be returned to the Contractor by the Agency within seven (7) days of the
Agency's receipt of such partial payment request. A partial payment request returned to the Contractor by the
Agency under the provisions of this section shall be accompanied by a written document setting forth the
reason(s) why the partial payment request is not proper. The number of days for the Agency to make a certain
partial payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced
by the number of days by which the Agency exceeds the seven (7) days return period for such partial payment
request, if determined to be improper, as set forth in this section. For the purposes of this section, a "partial
payment" means all payments due to the Contractor under this contract, exclusive of that portion of the fmal
payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall
be considered properly executed by the Agency, if funds are available to pay the partial payment request and
payment is not delayed due to an audit inquiry by the Agency's financial officer. The Agency will release
Contractor's retention earnings within forty-five (45) days after recordation of Notice of Completion, as defined
in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the Agency
shall constitute the Agency's acceptance of the Project work.
6. REAL PROPERTY LIENS. 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 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 oflien are filed for record against the real property, or the Agency receives notice
of any unpaid bill or charge in connection with the performance of this Contract, Contractor shall forthwith
either pay and discharge the liens and! or claims of lien and cause same to be released of record, or Contractor
shall furnish the Agency with proper indemnity, either by satisfactory corporate Surety Bond or satisfactory title
policy. Said indemnity shall also be subject to approval of Lien Holder.
7. TIME FOR COMPLETION. All work under this contract shall be completed within a period of one
hundred and sixteen (116) consecutive calendar days from the date of the Contractor's receipt of Notice to
Proceed from the Agency.
Redt:velopmenl Agency of the City oC San BerlUlrdlQO
..0..0 Project: Ollifornia Theatre 562 West 4th Street (Fire Suppression System)
Addendum I
CONTRACT DOCUMENTS
00100
Rev.04I14109
Pace" oUI
8. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or its
employees or those under it by Contract or otherwise, or by changes ordered in the work, or by strikes, lockouts,
fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the
Agency, or by any justifiable cause which the Construction Manager and 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 Construction Manager and Agency for
approval. The Construction Manager and Agency will evaluate the claim and if the claim is justifiable, will
request the Agency's approval. No such extension will be allowed unless written claim therefore has been made
within three (3) days after the delay became apparent.
9. LIQUIDATED DAMAGES FOR DELAY. If the Contractor is unable to complete the work within
the specified time, the Contractor agrees to pay as liquidated damages, the sum of $1,000.00 for each
consecutive calendar day, until the work has been completed pursuant to the terms of this Contract.
10. 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 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.
II. INSURANCE. 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 oertificates shall name the Agency as an additional insured and
provide for thirty (30) days prior to written notice of cancellation to the Agency.
a. Comprehensive General Liability Insurance. The Contractor shall maintain comprehensive
general liability insurance of not less the One Million Dollars ($1,000,000) combined single limit per
occurrence. The Contractor must provide CGL Policy with appropriate endorsement for builders course
of construction and fire casualty loss.
b. Automobile Insurance. The Contractor shall maintain comprehensive automobile liability
insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence.
c. Worker's Comoensation. The Contractor shall maintain worker's compensation coverage
in accordance with the Laws of the State of California for all workers under it employ and
Subcontractors performing the work required herein.
12. LABOR PROVISIONS.
a. Minimum Wages.
(I) All laborers and mechanics employed or working upon the site of the Project will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fiinge benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or
RedevelopmellC AgeltCy of the City of San Bernardino
................................. Project: Californi.a Theatre 562 West 4th Street (Fire Suppression System)
Addendum I
CONTRACT DOCUMENTS
..,..
Rev.04II4I09
raa;eSoUI
costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis-Bacon Act on behalf
of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of
subparagraph a.(4) below; also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be
paid the appropriate wage rate and fiinge benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or
mechanics performing work in more than one 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 (including any
additional classification and wage rates conformed under a.(2) of this section) and the Davis-Bacon poster (WH-
1321) 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) (i) Any class oflaborers or mechanics which is not listed in the wage determination and which is to
be employed under the contract shall be classified in conformance with the wage determination. The Agency
shall approve an additional classification and wage rate and fringe benefits therefor only when the following
criteria have been met:
(A) The work to be performed by the classification requested is not performed by a classification in
the wage determination; and
(B) The classification is utilized in the area by the construction industry; and
(C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination.
(ii) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the Agency agree on the classification and wage rate (including the amount
designated for fiinge benefits where appropriate), a report of the action taken shall be sent by the Agency to the
Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modifY, or
disapprove every additional classification action within thirty (30) days of receipt and so advise the Agency or
will notifY the Agency within the 30-day period that additional time is necessary.
(iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or
their representatives and the Agency do not agree on the proposed classification and wage rate (including eh
amount designated for fringe benefits where appropriate), the Agency shall refer the questions, including the
views of all interested parties and the recommendation of the Agency, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt
and so advise the Agency or will notifY the Agency within the thirty (30) day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)
(iv) The wage rate (including fiinge benefits where appropriate) determined pursuant to
subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification
under this Contract from the first day on which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fiinge 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.
Redevelopment Agency or the City or SaD Beroardino
.............. Project: Callrornia Theatre 562 West 4th Strut (Fire SUpprt!sion System)
Addendum 1
CONTRACI' DOCUMENTS
OOZOO
Rev.04/I4J09
Pille 6 oUI
(4) 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 Secretary of Labor has found,
upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor 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 Labor withhold or cause to be withheld from the Contractor under this
contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject
to Davis-Bacon prevailing wage requirements, which is held by the same Contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the Project, all or part of the wages required by the contract, the Agency may
after written notice to the Contractor, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
c. Payrolls and Basic Records.
(1) 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 (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section
1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found Illlder paragraph a(4) of this clause that the wages of
any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits Illlder a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. If
the Contractor employs apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
(2) (i) The Contractor shall submit weekly for each week in which any Contract work
is performed a copy of all payrolls to the Agency. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under paragraph c(1) above. This information may
be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing
Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all
Subcontractors.
(ii) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the Contract and shall certify the following:
Redevelopment Agency of tbe City of San BerlUlrdino
. Projed: CaliCornia Thealre 562 West 4tb Street (Fire Suppression System)
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(A) That the payroll for the payroll period contains the information required
to be maintained under paragraph c(\) 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 as set forth in 29 CFR Part 3;
(C) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the Contract.
(iii) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satist)r the requirement for submission of the "Statement of
Compliance" required by paragraph c.(2)(b) of this section.
(iv) The falsification of any of the above certifications may subject the Contractor
or Subcontractor to civil or criminal prosecution under Section 100 I of Title 18 and Section 231 of Title 31 of
the United States Code.
(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, the
Department of Labor, 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
Department of Labor may, after written notice to the Contractor or Agency take such action as may be necessary
to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for Debarment of the
Contractor or Subcontractor pursuant to 29 CFR 5.12.
d. Apprentices and Trainees.
(1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they perform when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the United States Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered In the program, but who has
been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. 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 registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise 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 registered program
shall be paid not less than the applicable wage rate on the wage determination of the work actually performed.
Where a Contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or Subcontractor's registered program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program 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
Rede~loprnent Agency of the City orSan Bernardino
.................... ............ Project: California Tbeatre 562 West 4th Sfreet (Fire Suppression System)
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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. Ifthe Administrator determines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(2) Trainees. Except as provided in 29 CFR 5.16, 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 a program which has received prior approval, evidenced by formal certification by the United
States Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the Project site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. 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 the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment
and Training Administration 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 registered program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a 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 Emplovment Ooportunitv. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
e. Compliance With Cooeland Act Requirements. The Contractor shall comply with the
requirements of 29 CFR Part 3, which are incorporated by reference into this Contract.
f. . Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts the
clauses contained in paragraphs a. through j. of this Contract and such other clauses may by appropriate
instructions require, 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 in 29 CFR 5.5.
g. Contract Termination: Debarment. A breach of the Contract clauses in paragraphs a. throughj.
of this Section 8 and a. through e. of Section 9 below are grounds for termination of this Contract, and for the
Debarment of the Contractor or Subcontractor as provided in 29 CFR 5.12.
h. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations
of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 are herein incorporated by reference
in this Contract.
Redevelopment AgellCy orlhe City of San BerDudioo
......... ............ ......... Project: CJ.lirornia Tbutre 562 West 4th Slreet (Fire Suppression System)
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1. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of
this Contract shall not be subject to the general disputes provision of this Contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7.
Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontracts)
and the Agency, the u.S. Department of Labor, or the employees or their representatives.
J. Certification ofEligibilitv.
(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
Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award
of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(I).
(3) The penalty for making false statements or certifications in the making of this Contract
is prescribed in the u.S. Criminal Code, 18 U.S.c. 1001.
13. CONfRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENfS. 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 workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek,
whichever is greater.
b. VIOlation: Liabilitv for Unpaid WaRes: Liquidated DamaRes. In the event of any violation of
the clause set forth in paragraph a. above, the Contractor and any Subcontractor responsible therefor 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$IO (ten dollars) for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the
clause set forth in paragraph a. above.
c. WithholdinR for Unpaid Wages and Liquidated DarnaRes. The Agency shall upon its own
action or upon written request of an authorized representative of the Department of Labor 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 Federal contract with the same Contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, 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. W orkinR 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 (29 CFR Part 1926) issued by the Department of Labor.
Redevelopment Ageocy o( tbe City of San BermlrdiDQ
............................ .... Projec:t: CaliCor";.. Theatre 562 West 4th Street (Fire Supprcuion System)
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e. Subcontracts. The Contractor and any Subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs a. through d. and also a clause requiring the Subcontractor to include these clauses in any
lower tier subcontracts. The Contractor shall be responsible for compliance by any Subcontractor or lower tier
Subcontractor with the clauses set forth in paragraphs a. through d.
14. 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 Section 21.5 of the Regulations,
including employment practices when the Contract covers a program set forth in Appendix B of the Regulations.
15. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS. The Contractor,
subrecipient or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. Failure by the Contractor to carry out these requirements is a material breach of
this Contract, which may result in the 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) days from the receipt of each payment the Contractor receives from Agency. The
Contractor agrees further to return retainage payments to each Subcontractor within seven (7) 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 Disadvantage Business Enterprises (DBE) and non-Disadvantage Business Enterprises
Subcontractors.
16. CNIL RIGHTS. The Contractor assures that it will comply with pertinent statutes, Executive
Orders 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 Federal assistance. 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.
17. 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.
18. 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.
19. 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 determine to
be appropriate, including but not limited to:
Redevelopmt'1U: Ageocy of the City or Sin Bernardino
..... Project: California Theatre 562 Wesl4th Streel (Fire Suppressioll Sy~tem)
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a. Withholding of payments to the Contractor under the contract until the Contractor
complies, and/or
b. Cancellation, termination or suspension of the contract, in whole or in part.
20. INSPECTION OF RECORDS. The Contractor shall maintain an acceptable cost accounting
system. The Agency, the Comptroller General of the United States or any of their duly authorized
representatives 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.
21. 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.
22. 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.
23. TERMINATION OF CONTRACf 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 it's 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. Ifthe termination is for the convenience of the Agency, an equitable adjustment in the Contract
price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the Contractor's obligations, the Agency may take
over the work and prosecute the same to completion by Contract or otherwise. In such case, the
Contractor shall be liable to the Agency for any additional cost occasioned to the Agency thereby.
d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the
Contractor had not so failed, the termination shall be deemed to have been effected for the convenience
of the Agency. In such event, adjustment in the contract price shall be made as provided in paragraph 2
of this clause.
e. The rights and remedies of the Agency provided in this clause are in addition to any other rights
and remedies provided by law or under this contract.
24. 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
RedeveloplMot Ae:tncy of the City or San Bernardino
....................... Project: CJllirornLa Theatre 562 West 4th Strett (Fire Suppression System)
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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 United States to enter into such litigation to protect the interests of the United States.
25. 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 $375,000 or less, are subject to the claims
procedures set forth in California Public Contract Code Sections 20104, et seq., except as otherwise provided in
this Contract and the incorporated documents, conditions and specifications. A copy of California Public
Contract Code Sections 20104 through 20104.6 is attached to this Contract.
26. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES.
(I) No Federal appropriated funds 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 any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
making of any Federal grant or the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor
or its Subcontractors to any person for influencing or attempting to influence an officer or employee of the
Agency, any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard
Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions.
27. 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 U.S.C. Sec. 15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services, or materials pursuant to this Contract or the
subcontract. This assignment shall be made and become effective at the time the Agency tenders final payment
to the Contractor, without further acknowledgement by the parties.
28. ENERGY CONSERVATION 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)
29. 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 Contractor's expense.
30. CONTRACTORS BEST SKILL.
Redevelopment Agency of the City or S2Q Bernardino
................................. Project: Cali(ornia Theatre 562 Wrst 4th Street (Fire Suppression System)
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The Contractor shall supervise and direct the work using its best efforts, skill and attention to ensure the
workmanship and materials are of good quality and that the work is completed in accordance with the Contract.
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 Contractor's
Laborers, Employees, Vendors and Subcontractors, if any.
31. UTILITY SERVICES.
The Contractor will be able to use existing utilities without charge, including electric power and water.
If Contractor must disconnect or otherwise interrupt such services, including plumbing fixtures, to effect repairs
or replacement, the use or availability of such services shall not be deprive the Project's occupants, unless the
Project's occupants has been relocated. Where disruptions or disconnections will occur other than during
normal business hours, Contractor shall obtain approval of Project's occupant, at least twenty-four (24) hours
prior to such interruption.
32. LEAD-BASED PAINT.
The Contractor agrees that the use of any lead-based paints is strictly prohibited and shall not be used on
this Project. Contractor agrees to submit to the Agency an Abatement Plan (include days required and cost
breakdown) with minimum abatement! disturbance/ encapsulation to surfaces indicated on Project Construction
Plans (cost effective method) per State of California Department of Health Services Regulations.
The Agency assumes no liability for damages for personal injury, illness, disability, or death to the
Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any
other person, including members of the general public, arising from or incident to the Agency Investigation
Work or other activity causing or leading to contact of any kind whatsoever with Lead-Based Paint on the
Agency Site, whether the Agency has properly warned, or failed to properly warn, any persons injured.
33. ASBESTOS CONTAlNING MATERIALS.
Contractor agrees to submit to the Agency an Abatement Plan (include days required and cost
breakdown) with minimum abatement! disturbance/ encapsulation to surfaces indicated on Project Construction
Plans (cost effective method) per State of California Department of Health Services Regulations.
The Agency assumes no liability for damages for personal injury, illness, disability, or death to the
Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any
other person, including members of the general public, arising from or incident to the Agency Investigation
Work or other activity causing or leading to contact of any kind whatsoever with Asbestos on the Agency Site,
whether the Agency has properly warned, or failed to properly warn, any persons injured. .
34. CLEANUP.
The Contractor shall keep the subject Project clean and orderly during the course of the work. Upon
completion of the work contemplated by this Contract, the Contractor shall cause all debris resulting from such
construction to be removed from the subject Project and shall leave the subject Project in a neat and "broom-
clean" condition.
Redevelopment Agency of the City of San BunlrdillD
............................ .... Project: California Tbatre 562 West 4th Sfreet (Fire Suppressioo System)
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IN WITNESS WHEREOF, three 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 [FIRST PARTY]
By:
[SIGNATURE OF AUTHORIZED PRlNCIPAU OFFICER! REPRESENTATIVE]
[TYPE OR PRINT NAME OF AUTHORIZED REPRESENTATIVE & OFFICAL TITLE]
CONTRACTOR: Inland Building Construction Companies. Inc.
[TYPE OR PRINT NAME - SECOND PARTY]
[SIG
D PRlNCIP AU OFFICER! REPRESENTATIVE]
By:
lany J. Hyder. President
[TYPE OR PRINT NAME OF AUTHORIZED REPRESENTATIVE & OFFICAL TITLE]
323 S. Sierra Way San Bernardino, CA 92408
[TYPE OR PRINT CONTRACTOR! BIDDER BUSINESS ADDRESS (Suite, City, State, Zip Code)]
405281
[CONTRACTOR'S LICENSE]
B,C2,C8,C1 0.C61 ,016,024.028.042,052
[CONTRACTOR LICESNE CLASSIFICATION]
5/3112011
[CONTRACTOR'S LICENSE EXPIRATION DATE]
[BOND NUMBER] 0490389
5127/09
[DATE OF SIGNATURE]
Redenlopment Agent)' or the Oty or San Bernardino
................................. Project: California Tbeatrc 561 Wcsl4!11 SlfCCl (FIre Suppression System)
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