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HomeMy WebLinkAboutCDC/2007-31 1 RESOLUTION NO. CDC/2007-31 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A DEMOLITION CONTRACT BY AND BETWEEN THE AGENCY AND DAKENO, INC., FOR THE DEMOLITION OF CITY/AGENCY PROPERTIES LOCATED AT 547, 555, 561 AND 567 NORTH SIERRA WAY, SAN BERNARDINO (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) 4 5 6 7 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 10 IS a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community 11 12 Redevelopment Law (the "CRL"), codified under Division 24, Part I of the California Health and Safety Code commencing at Section 33000 and is authorized to acquire and demolish blighted properties for redevelopment purposes located within the approved redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL; and WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission"), as the governing board of the Agency, has authorized the Agency to 13 14 15 16 17 18 19 assemble, acquire real property and demolish blighted infrastructures for community 20 redevelopment purposes in the Central City East Redevelopment Project Area (the "Project Area"); and WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that cannot be remedied by private' parties acting alone without community redevelopment 21 22 23 24 assistance; and 25 WHEREAS, on March 9, 2005, the Agency acquired title to the Young Women' Christian Association ("YWCA") property, which includes the pool area, located at 561 and 56 North Sierra Way, San Bernardino ("Y Property"), and on September 17, 2007, the Mayor an Common Council of the City of San Bernardino ("Council") approved the City Parks an Recreation Department ("Parks") relocation from 547 and 555 North Sierra Way to the Agency' 26 27 28 P \Agendas\ResoluIKlns\Resolulions\2007\11_19_07 DukCl10, Inc - YWCA DeJOOlition CDC Reso.doc 1 building located at 201 North "E" Street, which the Y Property and the Parks buildings ar 2 collectively referred to as the "Properties"; and WHEREAS, on October I, 2007, the Agency mailed a copy of the Request for Bids to Woody's Demolition, Dakeno, Inc., Warren Duncan Contracting, AON, Inc., and C.R. Gann 3 4 5 Demolition, Inc., to ensure that the contractors were in receipt of the Request for Bids; and 6 WHEREAS, on October 2, 2007, and again on October 9, 2007, a notice for bids ("Notice") was published in The Sun Newspaper stating that the project involved asbestos/lead based paint abatement and demolition/clearance of both the Y Property and the Parks buildings 7 8 9 10 ("Project") in accordance with the Public Contracts Code; and WHEREAS, 3 competitive bids were received and Dakeno, Inc. (the "Contractor"), was 11 12 determined to be the lowest responsible bidder, and the Agency desires to retain the Contractor 13 to perform said demolition and clearance of the Properties in accordance with the terms and 14 conditions of the Demolition Contract (the "Contract") attached hereto and incorporated herein 15 by said reference; and 16 WHEREAS, this Project was reviewed in accordance with the California Environmental 17 Quality Act ("CEQA"), and was determined to be exempt from CEQA under Section 15268, 18 Ministerial Projects. 19 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 20 21 22 Section 1. The information set forth in the above recitals of this Resolution is true 23 and correct. 24 Section 2. The Commission hereby approves the Contract between the Agency and 25 the Contractor attached hereto, incorporated herein by reference, and waives any irregularities 26 in the bid as submitted by the Contractor as permitted by the bid documents. 27 Section 3. The Executive Director of the Agency is hereby authorized to execute the 28 Contract on behalf of the Agency in substantially the form attached hereto, together with such 2 P IAgendasIRe.olulions\Re.olm;o"s\2007\1 1.19.[)7 Oakella, Inc - YWCA Demolition CDC Reso.doc 1 changes therein as may be approved by the Executive Director of the Agency and Agency 2 Counsel. The Executive Director of the Agency or such other designated representative of the 3 4 Agency is further authorized to do any and all things and take any and all actions as may be deemed necessary or advisable to effectuate the purposes of the Contract, including making 5 non-substantive modifications to the Contract. 6 Section 4. 7 III 8 III 9 III 10 III 11 III 12 III 13 III "' III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 2' III 25 III 26 III 27 III 28 The Resolution shall become effective immediately upon its adoption. P:\Agendas\Resolulioo,\Resolulion<\1001\11_19_07 Dakeno, Ine - YWCA [)etrK)hlion CDC Reso.doc 3 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A DEMOLITION CONTRACT BY AND BETWEEN THE AGENCY AND DAKENO, INC., FOR THE DEMOLITION OF CITY/AGENCY PROPERTIES LOCATED AT 547, 555, 561 AND 567 NORTH SIERRA WAY, SAN BERNARDINO (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 8 Community Development Commission of the City of San Bernardino at a 9 meeting thereof, held on November 19 joint reRular , 2007 by the 10 following vote, to wit: 11 Commission Members: Aves Navs X X X X -X- X X Abstain Absent 12 ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MC CAMMACK 13 14 15 16 17 v- 18 19 20 21 22 The foregoing Resolution is hereby approved this dOni day of November ,2007. 23 24 25 J. Morris, Cha! erson unity Development Commission of the City of San Bernardino 26 Approved as to Form: 27 ~ Agency oun I 28 By: 4 P.\Agendas\Resolulions\Resolution,\2007\11_19_07 Daken", lne - YWCA Demolition crx: Re'e> Joc CDC/2007-31 ( REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DEMOLITION CONTRACT (ASBESTOSILEAD BASED PAINT ABATEMENT AND DEMOLITION/SITE CLEARANCE PROJECT) THIS PUBLIC WORKS PROJECT CONTRACT for the demolition of Young Women's Christian Association ("YWCA") (561 North Sierra way - brick structure), Pool (567 North Sierra Way - block structure), Storage Building (northeast corner), Parks and Recreation (547 and 555 North Sierra Way - 2 block structures), San Bernardino, California, collectively referred to herein as the AsbestoslLead Based Paint Abatement and Demolition/Site Clearance Project (this "Contract"), is made and entered into this 19th day of November 2007, by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (referred to herein as the "Owner" or the "Agency") and Dakeno, Inc., a California corporation (the "Contractor"). IN WITNESS HEREOF, THE UNDERSIGNED PARTIES HAVE MUTUALLY COVENANTED AND AGREED TO THE FOLLOWING: 1. THE CONTRACT DOCUMENTS. The complete coutract is comprised of and includes the following if and to the extent such are a part of the bid documents and addendum as issued by the Agency to obtain this Contract: 1) The Instructions to Bidders (including asbestos/lead based paint survey); 2) TechnicallWork Specifications; 3) General Specifications; 4) Bidder's Proposal; 5) Equal Employment Opportunity Certification; 6) Minority Business EnterpriseslWomen's Business Enterprises ("MBEIWBE") Information; 7) Good Faith Efforts Statement of MBElWBE Participation; 8) Certification regarding no Suspension or Ineligibility for Public Works Contracts under the Public Contracts Code and the California Prevailing Wage Law (California Labor Code Section 1720, et seq. and regulations promulgated thereunder) (the "PWL"); 9) Clean Air and Water Pollution Control Certification; 10) Designation of Subcontractors; 11) Non-Collusion Affidavit; 12) Contractor's Certification Relating to Campaign Contributions to Mayor and/or Member of the Common Council; 13) Certification of Insurance coverage; 14) This Contract, including the Supplemental Annex; 15) Form of Performance Bond; 16) Copies of the State of California Contractor's Licenses; 17) Copy of the City of San Bernar<iino ("City") Business License; 18) Copy of the Worker's COlllJ?en.sation Insurance; 19) Copy "f t1ie Comprehensi"e GeneralLiability mstirance per the Contract; 20) C"py of the Automobile msurance per tbe Contract; 21) General Conditions (including, without limitation, Part 1, Sections 1-9 of Standard Specifications for Public Works Construction, 2000 Edition (the "Greenbook") as supplemented by the "2002 Cumulative Supplement to Greenbook"); 22) Any Addenda issued under the Instructions to Bidders; 23) Any Regulations, Ordinances, Codes, and Laws incorporated within the General Specifications; and 24) Any Agency approved Change Order(s) subrnitted during construction. All of the above documents are intended to coordinate as one (1) contract so that any work called for in one (1) document and not mentioned in another, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract are hereinafter referred to collectively as the "Contract Documents." 4842.9647-4625.\ Page 1 of 16 P;'\Agaldas\A.gc",ja Anaclllnt:nts\A.gmns_Amold 2007\1/-19411 Oal:alo. Inc. YWCA Danoliti... CootmcLdoc CDC/2007-31 2. THE WORK. The Contractor agrees to furnish all tools, apparatuses, facilities, equipment, labor and materials (except that specifically mentioned as being furnished by others) necessary to perform and complete the work in a good and worker like manner as called for, and in the manner designated in, and in strict conformity with the Contract Documents which are identified by the signatures of the parties to this Contract and are, collectively, entitled: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ASBESTOSILEAD BASED PAINT ABATEMENT AND DEMOLITION/SITE CLEARANCE PROJECT 3. CONTRACT PRICE. The Agency agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation, to-wit: Amounts as determined by applying the information contained in the Contractor's Bidder Proposal for the asbestos/lead based paint abatement and demolition/site clearance of the following buildings consisting of the YWCA, YWCA Pool and Storage buildings and the Parks and Recreation Buildings, generally located on North Sierra Way (the "Project"). The amount of this Contract for the Project is One Hundred Sixty Thousand Six Hundred Ninety Seven Dollars ($160,697). 4. CONTRACT AMENDMENTS. The Executive Director of the Agency is authorized to sign on his or her own authority amendments to this Contract which are of routine or technical nature, iucluding minor adjustments to the Schedule of Performance unless otherwise specified in this Contract. All other amendments require the mutual agreement of both the Agency and the Contractor. \ ) 5. INCORPORATION BY. REFERENCE OF PART 1, SECTIONS 1-9 OF THE GREENBOOK. 2000 EDITION, AS SUPPLEMENTED. The Greenbook, as supplemented by the publication entitled, "2002 Cumulative Supplement to Greenbook," is hereby incorporated by this reference into this Contract. The word "Project" means and refers to the "Project," as this term is defined iu the Instructions to Bidders. To the extent . that any provision ofthe~rint~.text ~hic.h.<;tp~e~rs .iIl this Contract is incon~ictwith the printed text of the provisions o[the' Gr~~nbookasinCO.pprate<tintathis Contract by. this ref~nce, then in sueh event, the printed text Df .this Contract shall take precedence over such printed text in the Greenbook 6. PAYMENT. After the completion Df the asbestos/lead-based paint abatement and demolition/clearance for each site, and after acceptance of the work for such site by the Agency, the Contractor shall make a partial payment request to the Agency for the amount of the Contract price relating to that site. Within thirty (30) calendar days of the Agency's receipt of an undisputed and properly executed partial payment request from the Contractor, the Agency shall make a partial payment in the amount of the Contractor's site payment request, less the ten percent (10%) of the amount to be retained by the Agency until completion of the Project and recordation of a Notice of Completion of all work covered by this Contract. The Agency shall pay the Contractor interest on the amount of any portion of a payment request, excluding retention amounts, not made to the Contractor within thirty (30) calendar days of the 4842.9647-4625.1 Page 2 of 16 P:\AgeadaslAgmda AIl3<:trments\Agrrro:.Amend 2007\J 1.19-l>7 Dah:no. Inc. _ YWCA Daoolilion Can!12Cl-doc CDC/2007-31 Agency's receipt of an undisputed and properly executed payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section 685.010. Upon receipt of a payment request from the Contractor, the Agency shall review the payment request for the purpose of determining whether or not the payment request is a proper payment request for any site of the Contractor's bid. If the payment request is determined by the Agency not to be a proper payment request suitable for payment it shall be returned to the Contractor by the Agency within ten (10) working days of the Agency's receipt of the payment request. A payment request returned to the Contractor by the Agency under the provisions of this section shall be accompanied by a written document setting forth the reason(s) why the payment request is not proper. The number of days for . the Agency to make a certain payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced by the number of days by which the Agency exceeds the ten (10) working days return period for such payment request, if determined to be improper, as set forth in this section. For the purposes of this section, a "request for payment" means all payments due to the Contractor under this Contract, exclusive of that portion of the final payment designated as retention earnings. Also, for the purposes of this section, a payment request shall be considered properly executed by the Agency if funds are available to pay the payment request and payment is not delayed due to an audit inquiry by the Agency's financial officer. The Agency will release the Contractor's retention earnings within forty-five (45) calendar days after recordation ofa Notice of Completion, as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the Agency shall constitute the Agency's acceptance of the completed Project. 7. STOP NOTICE. The Contractor shall promptly pay all valid bills and charges for material, labor, equipment or otherwise in connection with or arising out of the performance of this Contract, and will hold the Agency free and harmless against all liens and/or claims of lien for material, labor or equipment filed against the Agency, and from and against all expenses and liability in connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising there from. In the event any liens and/or claims of lien are filed for recording against the Agency or any property owned by the Agency, or the Agency receives notice of any unpaid bill or charge in connection with the performance of this Contract, the Contractor shall forthwith either pay and discharge the liens and/or claims of lien and cause same to be released of record or the Contractor shall fiunish 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. 11. Tn\iEFOR .COMPLE:rloN. All wotk under this Contract shall be completed within One hundred " fifty (150) days,rulleSsotherwise extended by change order of the Executive Director of the Agency, at his or her sole discretion. 9. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence ofthe Agency, or its employees or those under it by the Contract or otherwise, or by changes ordered in the work, or by strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the Agency, or by any justifiable cause which the Agency shall authorize, then the Contractor shall make out a written claim addressed to the Agency setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Agency for approval. The Agency will evaluate the claim and if 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. 4842-96474625.1 Page 3 of 16 P:\Ag<:n<bs\Agcnda AnachmcnlSlAgrmts-Ame..d 2007\11-19-07 Dakc:no, Ino:.. _ YWCA D<:molil:iou ConlraCt.dGC CDC/2007-31 10. LIOUIDATED DAMAGES FOR DELAY. The provisions of Section 6.9 of the Greenbook are hereby modified to provide for liquidated damages in the amount of Two Hundred Dollars ($200) per working day. 11. CHANGE ORDERS. No change in work, as described in the Contract Documents, shall be made except upon the approval of the Agency. The Contractor shall not be entitled to any compensation for any additional work unless snch Project Change Order is written and entered into by the Contractor and the Agency. The Project Change Order shall describe ihe nature of the additional work in detail, the location of the work, the estimated time for completion thereof, and terms of compensation to be paid to the Contractor for its performance in accordance with this Contract, as modified by the Project Change Order. 12. REAL PROPERTY LIENS. The Contractor shall promptly pay all valid bills and charges for material, labor or otherwise in connection with or arising out of the performance of this Contract, and will hold the Agency free and harmless against all liens and/or claims of lien for material and labor filed against the real property or any part thereof, and from and against all expense and liability in connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising therefrom. In the event any liens and/or claims of lien are filed for record against the real property, or the Agency receives notices of any unpaid bill or charge in connection with the performance of this Contract, the Contractor shall forthwith either pay and discharge the liens and/or claims of lien and cause same to be released of record, or the Contractor shall furnish the Agency with proper indemnity, either by satisfactory corporate surety bond or satisfactory title policy. Said indemnity shall also be subject to approval of the lien holder. 13. INDEMNIFICATIONS AND HOLD HARMLESS. The Contractor shall defend, indemnitY, protect and hold free and harmless the Agency, its officers, employees, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs, injuries to or death of any person or persons and expenses, including attorney's fees, for injury or damage of any type claimed which is brought by any individual or entity, whether public or private, as a result of the acts, errors or omissions of the Contractor, its officers, employees, agents, and its Subcontractors arising from or related to performance of the work required hereunder to complete the Project. 14.. INSURfNCE,:. The provisions of Section 7-3 and Section 7-4 of the Greenbook are hereby amendetl (oread as follows for the p!!fPoses of this COlltraCt: . . . - The Contractor shall procure and maintain insurance policies meeting the minimum requirements set forth below. Insurance shall be provided by insurers satisfactory to the Agency. Certificates evidencing insurance cOverage shall be delivered to the Agency for each policy required herein prior to commencement of any work. All insurance certificates shall name the Agency as an additional insured and provide for thirty (30) days prior written notice of cancellation to the Agency. a Comprehensive General Liabilitv Insurance. The Contractor shall maintain comprehensive general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit, per occurrence. The Contractor must provide Comprehensive General Liability Insurance Policy with appropriate endorsement for builder's course of construction and fire casualty loss. 4842-96474625.1 Page 4 of 16 P:\Agondas\Ag""da~-Amcnd2007\l1-19.(}1DakC1l"."'''-_YWC^DanoI;tionContracLdoc CDC/2007-31 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 COIDoensation. The Contractor shall maintain worker's compensation coverage in accordance with the Laws of the State of California for all workers under its employ and Subcontractors performing the work required herein. 15. LABOR PROVISIONS. a. Prevailing Wages. The Project is a "public work" as this term is defined under applicable State Law (See California Labor Code Sectiou 1720, et seq. and California Administrative Code, Title 8, Section 16000, et seq.). (I) All laborers and mechanics employed or working upon the site of the Project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Director of the Department of Industrial Relations (the "Director") regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraph d. of this Section 15. Laborers or mechanics performing work in more than one (1) classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination shall be posted at all times by the Contractor and its Subcontractors at the site of the Project in a prominent and accessible place where it can easily be seen by the workers. (2) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly nlte, the Contractor shall either pa.ytlie.benefitas s~tedm Ih" wage deterinimitionor shall pay another bona fidefrfuge benefit. Or an hoUrly cash equivalent thereof. . (3) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic, the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Director has found, upon the written request of the Contractor, that the applicable standards of the Prevailing Wage Law have been met. The Director may require the Contractor to set aside, in a separate account, assets for the meeting of obligations under the plan or program. b. Withholding. The Agency shall, upon its own action or upon written request of an authorized representative of the Department of Industrial Relations, withhold or cause to be withheld i from the Contractor under this Contract or any other contract with the same Contractor, or any other contract subject to prevailing wage requirements, which is held by the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, 4842-9647-4625.1 Page 5 of 16 P:\AgeIIdas\AgCnda At:tadunents\Agm>ts-Amcnd 2001\11_19.(f7 Daktno.lnc. _ YWCA Danolittoo C<;.;rtractdoc CDC/2007-3l including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by any other such contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Project, all or part of the wages required by this Contract, the Agency may after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. c. Payrolls and Basic Records. (I) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Project. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Director has found under paragraph (3) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under such plan or program, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. If the Contractor employs apprentices or trainees under approved programs, the Contractor shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. \ J (2) (i) The Contractor shall prepare weekly payrolls for each week in which any work is performed pursuant to this Contract. The payrolls sball set out accurately and completely all of the information required to be maintained under paragraph c.(I) above. This information may be prepared in any form desired. The Contractor is responsible for obtaining copies of the payrolls by all Subcontractors. (ii) Each payroll prepared shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under this Contract and shall certify the following: (A) Thai 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 this Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than pennissible deductions; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into this Contract. (iii) Whenever a Contractor or Subcontractor is found by the Labor Commissioner to be in violation of the Prevailing Wage Law with intent to defraud, the Contractor or Subcontractor 4842-9647-4625.1 Page 6 of 16 P:\Ag<:nda$\Agcada Anadunents\Agmns-A...",d 2001\Il-19"()7 Qakeno, lnc- - YWCA Danolition Contract.doc CDC/2007 - 31 shall be ineligible for a period of not less than one (I) year or more than three (3) years to bid or perform work on a public works contract. (3) The Contractor or Subcontractor shall make the records required under paragraph c.(I) of this section available for inspection, copying or transcription by authorized representatives of the Agency, any office of the Division of Labor Standards Enforcement or the Division of Apprenticeship Standards, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Labor Commissioner may, after written notice to the Contractor or the Agency, take such action as may be necessary to cause the withholding of any further payment, advance, or guarantee of funds by the Agency, and determination of a penalty as set forth in Labor Code Section 1775, et seq. d. Apprentices and Trainees. (I) Apprentices. Apprentices, as defined in Labor Code Section 3077, will be permitted to work at less than the predetermined rate for the work they perform when they are in training under apprenticeship standards that have been approved by the Chief of the Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. The allowable ratio of apprentices to journeymen on the Project site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the rules and regulations of the California Apprenticeship Council. Any worker listed on a payroll at an apprentice wage rate, who is not employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the apprenticeship standards and agreements shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. Every apprentice must be paid at not less than the rate specified in the apprenticeship agreement for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of Apprentices determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination (2) Trainees. Trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered an "on-the-job training" program established pursuant to Lahor Code Section 3093. The ratio of trainees to journeymen on the Project site shall not be greater than permitted under the program pursuant to Section 3093 by the California Apprenticeship Council in cooperation with the Department of Education, the Employment Development Department, and the Board of Governors of the California Community Colleges. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of Apprentices so determines. Any employee listed on the payroll at a trainee rate who is not registered and participating in an "on-the-job training" program established pursuant to Section 3093 shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the Project site 4842-9647-4625.1 Page 7 of 16 P:\Agcndas\Ag<:ada Attadunans\Ag=u-Amend 2007\1 ].19.-07 Dakcno.ln.::. - YWCA Dcmolmo:. Conlr<lCt-doc CDC/2007-31 in excess ofthe ratio permitted under the "on-the-job training" program as established shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Administrator of Apprentices withdraws approval of an "on-the-job training" program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Emplovment Opportunitv. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the prohibitory discrimination provisions of California law as set forth in the California Constitution, Article 1, Section 8, Government Code Section 12900, et seq. and Labor Code Sections 1735, 1777.6 and 3093. e. Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts the clauses contained in paragraphs a. through i. of this Section 15. of this Contract and such other clauses as maybe required, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the Contract clauses and all requirements of the Prevailing Wage Law. f. Contract Termination. A breach of the Contract clauses in paragraphs a. through i. of this Section 15 and a. through e. of Section 16 below are grounds for termination of this Contract, and for the withholding of payment by the Agency and notification to the Division of Labor Standards Enforcement or the Division of Apprenticeship Standards, as applicable. ') g. Compliance With Prevailing Wage Law and Related Regulatory Requirements. All rulings and interpretations of the Prevailing Wage Law, and the related regulations promulgated thereunder contained in Title 8 CCR Section 16000, et seq., are herein incorporated by reference in this Contract. h. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes provision of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Industrial Relations as set forth in Title 8 CCR section 16000, et seq. Disputes within the meaning of this clause include disputes between the Contractor(o~anyof its Subcontractors) and the Agen~y, the Department of InduStrial Relations, or the employees orlheir representatives. L Certification of Eligibility. (1) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded a public works contract by virtue of Labor Code Section 1775, et seq. (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award ofa public works contract by virtue of Labor Code Section 1775, et seq. 16. CONTRACT WORK HOURS AND SAFETY STANDARDS REOUIREMENTS. As used in the following provision, the term "laborers" and "mechanics" include watchers and guards. 4842-9647-4625.1 Page 8 of 16 P:lAg<ndaslApdoAllacluntttt<\Agrmts-Amcnd 2007\1 '-19-01 Oaken", In<:- _ YWCA Demolition C<>nn<;t.doc CDC/2007-31 a. Overtime Requirements. Neither the Contractor nor any Subcontractor contracting for any part of the Project which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workday in which he or she is employed on such work to work in excess of eight (8) hours per day, or in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1 y,) times the basic rate of pay for all hours worked in excess of eight (8) hours in such workday or forty (40) hours in such workweek. b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor and any Subcontractor responsible therefore, shall be liable for the unpaid wages. In addition, the Contractor and Subcontractor shall be liable to the Agency for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchers and guards, employed in violation of the clause set forth in paragraph a. above, in the swn ofTen Dollars ($10) for each calendar day on which such individual was required or pennitted to work in excess of the standard workday of eight (8) hours or workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. c. Withholding for Unpaid Wages and Liquidated Damages. The Agency shall, upon its own action or upon written request of an authorized representative of the Department of Industrial Relations, withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor under any such contract or any other contract with the same Contractor, or any other contract subject to the California work hours and safety standards requirements which is held by the same Contractor, such sums as may be detennined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Working conditions. Neither the Contractor nor any Subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his or her health or safety as determined under coustruction safety and health standards issued by the Department of Industrial Relations. e. Subcontracts. The Contractor and any Subcontractor shall insert in anY.Suhcontt'\CP' Jhe clauses set forth in paragraphs a. tbfough d.of this Section 16 and also a clause requiring the Subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs a. through d. of this Section 16. 17. NONDISCRIMINATION. The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by the California Constitution and statutory provisions, including the Prevailing Wage Law. 18. CITY OF SAN BERNARDINO MINORITY BUSINESS ENTERPRISES (MBE) AND WOMEN'S BUSINESS ENTERPRISES (WBE) PROGRAM PROVISIONS. A policy for establishing goals for participation of the MBEIWBE was adopted on November 20, 1995, by 4842-%47-4625.1 Page 9 of 16 P:\Agendas\Agalda AnadunmtslAgmrts-Amt:nd 2007\11_19-07 Dakeno. lne. _ YWCA DanoIilion Conlr.tCl-doc CDC/2007-31 Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated January 1995. Bidder's outreach efforts (good faith efforts) must reach out to MBE/WBE and all other business enterprises. Prime bidder's could reasonably be expected to produce a level of participation by interested subcontractors of fifteen percent (15%) MBE and five percent (5%) WBE on this project. Bidder's shall make every reasonable effort to solicit bids from MBE/WBE. A certified justification shall be provided to support the rejection of any bid from a minority business enterprise or Women's business enterprise. . It is the policy of the City to provide MBE/WBE and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including the local MBE/WBE, have an equal opportunity to compete for and participate in City contracts. If the City has established expected levels of participation for the MBE/WBE Subcontractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidder's good faith effort must be based on information provided on the Good Faith Effort Statement ofMBE/WBE Participation form. The Contractor, sub-recipient or Subcontractor shall not discrirninate on the basis of race, color, national origin, or sex in the performance of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as recipient deems appropriate. The Contractor agrees to pay each Subcontractor under this Contract for satisfactory performance of its Contract no later than ten (10) calendar days from the receipt of each payment the Contractor receives from the Agency. The Contractor agrees further to return retained payments to each Subcontractor within seven (7) calendar days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of the Agency. This clause applies to both the MBE/WBE. 19. CIVIL RIGHTS. The Contractor assures that it will comply with the California Constitution, Article I, Section 8, pertinent statutes, and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap, be excluded from participating in any activity conducted with or benefiting from the pfj~ject. . This Provisic:mPinds the Contractor from the bid .s"lici~tion period through the completion of the Gontradt. Tbisprovision shall be inserted in all subcontracts, subleases arid other agreements at all tiers. . 20. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EOUlPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. 4842-9641-4625_1 Page 10 of 16 P:\Ag<:odas\Agmda AllllclllnOlt<;'I.Agrms-AlDc:lld 2007\11-19-07 Dakeno, In<:- - YWCA Demolition ConIRCl.doc CDC/2007-31 21. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certifY to the Agency, as appropriate, and shall set forth what efforts it has made to obtain the information. 22. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of tbis Contract, the Agency shall impose such contract sanctions as determined to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the Contract until the Contractor complies and/or; b. Cancellation, termination or suspension of the Contract, in whole or in part. 23. INSPECTION OF RECORDS. The Contractor shall maintain an acceptable cost accounting system. The Agency, the Division of Labor Standards Enforcement or the Division of Apprenticeship Standards shall have access to any books, documents, paper, and records of the Contractor which are directly pertinent to this Contract or the Project for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three (3) years after the Agency makes final payment and all other pending matters are closed. 24. RIGHTS IN INVENTIONS. All rights to inventions and materials generated under this Contract are subject to regulations issued by the Agency. Information regarding these rights is available from the Agency. 25. BREACH OF CONTRACT TERMS. Any violation or breach of terms of this Contract on the part of the Contractor or its Subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the Agency under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies availal1letIJ~reunder shall bein addition to and not aJirnitationof"J1Y duties, "bligatiolls, rights and rem.ediesot!:jerw:is~inlpo~edoravailable by law.1'his lp"'lltJ.ttct .sMlllie mterpteted undetthe law$of the State of'Californiii.. Tire venue for any legal proceeding to enforce or mterpret any provisions of this Contract shall be in the Superior Court of the County of San Bernardino. In the event that legal proceedings may be initiated by one (I) party to enforce its rights under this Contract, then the prevailing party in such legal proceedings shall be entitled to recover from the other party, its reasonable attorneys' fees either in such legal proceedings or in a separate action to recover such reasonable attorneys' fees. In the case of the Agency, the words "reasonable attorneys' fees" include the cost and expenses calculated on an hourly basis, of all lawyers retained by the Agency in connection with the legal representation of the Agency in any matter arising from this Contract, including, without limitation, attorneys in the Office of the City Attorney and the Agency General Counsel. 4842.96474625.1 Page 11 of 16 P:'lAgt:lldas\AgmdaAttachmcnts\Agrmts-Amcnd 2007\11-19~1 Dola",.1nc. _ YWCA Demolition ContracLdoc CDC/2007-31 26. TERMINATION OF CONTRACT BY AGENCY. a. The Agency may, by written notice, terminate this Contract in whole or in part at any time, either for the Agency's convenience or because of the Contractor's failure to fulfill its obligations pursuant to this Contract. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in perfonning 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 tennination is due to failure to fulfill the Contractor's obligations, the Agency may take over the work and prosecute the same to completion pursuant to this Contract or otherwise. In such case, the Contractor shall be liable to the Agency for any additional cost occasioned to the Agency thereby. d. If, after notice of tennination for failure to fulfill the Contract obligations, it is detennined that the Contractor had not so failed, the tennination shall be deemed to have been effected for the convenience of the Agency. In such event, adjustment in the Contract price shall be made as provided in paragraph b. ofthis clause. e. The rights and remedies of the Agency provided in this Section 26 are in addition to any other rights and remedies provided by law or under this Contract. 27. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of this Contract in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the Agency to.enter into such litigation to protect the .ir1tere~ts of theAgellfy>tnd,il1 ;lddi~~ll,th,efontractorn1ay r~llest .the.pepartrnent .of Indru;trial Rel'ltiol1S!"cI'nterinto SUch Iitigationtol'rotect tl1~1I1ter"sts()fti].eSt;iteofCalifoniia. 28. CONTRACTOR CLAIMS OF $375.000 OR LESS. Claims by the Contr'lctor relating to the Project for (a) a time extension; (b) money or damages '!rising from work done by, or on behalf of, the Contractor on the Project for which payment is not expressly provided for or to which the Contractor is not otherwise entitled, or (c) an amount that is disputed by the Agency, with a value of Three Hundred Seventy-Five Thousand Dollars ($375,000) or less, are subject to the claims procedures set forth in California Public Contract Code Sections 20104, et seq., except as otherwise provided in this Contract and the incorporated documents, conditions and specifications. A copy of California Public Contract Code Sections 20104 through 20104.6 has been provided to the Contractor and is on file with the Agency and made a part of this Contract. 4842-96474625.1 Pagel2 of 16 Pc\Agcndas\Agulda AnadJments\Agrtl'I!S-Ameod 2007\11-19-07 03h::no, Inc. - yWCA Do:rnolition Connact-doc CDC/2007-31 29. LOBBYING AND INFLUENCING EMPLOYEES. (I) No public works funding shall be paid by, or on behalf of the Contractor or its Subcontractors, to any person for influencing or attempting to influence an officer or employee of the Agency, in connection with the Project. (2) The terms of the Conflict of Interest Code and any amendments thereto which have been incorporated by reference into the Prevailing Wage Law and constitute the Conflict ofInterest Code of the Department of Industrial Relations are hereby made a part of this Contract. 30. ASSIGNMENT OF CERTAIN RIGHTS TO THE AGENCY. In entering into this Contract or a subcontract to supply goods, services, or materials pursuant to this Contract, the Contractor and/or Subcontractor offers and agrees to assign to the Agency, all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 V.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),' arising from purchases of goods, services, or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the Agency tenders final payment to the Contractor, without further acknowledgment by the parties. 31. ENERGY CONSERV ATlON REOUIREMENTS. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94- 163). I 32. PROTECTION. The Contractor shall, at all times, provide protection against weather, rain, wind, storm and heat so as to maintain all work, materials, apparatuses and fixtures free from injury and damage. At the end of a day's work, all new work and the premises likely to be damaged by failure to provide protection as required above shall be protected. In the event that weather, rain, wind, storm and heat damage or'injure the work, materials, apparatuses and fixtures due to Contractor's failure to provide protection as required, such work, materials, apparatuses and fixtures shall be replaced or repaired at the Contractor's expense. 33.CO~RACTOR'SBEST SKILL. . TheContracto.r shall sllpervise and direct the work using it~ besLdfortS,'Ski.ll.>~ndattent1on toenSui-ethe W1>rkershipand.~~rials .are of good quali!y <mdth'lt the work .is completed in accordance with this .contract. the Contractor shall be solely responSible for all construction means, methods, techniques, sequences and procedures; safety on the work site; and coordination of all portions of the Project to be performed by the Contractor's Laborers, Employees, Vendors and Subcontractors, if any. 34. LEAD-BASED PAINT. The Contractor agrees to submit to the Agency an Abatement Plan pursuant to the State of Califomia Department of Health Services Regulations, and pursuant to the South Coast Air Quality Management District, prior to the commencement of work on the Project, if applicable. The Agency assumes no liability for damages for personal injury, illness, disability, or death to the Contractors, or employees, agents, or invitees of the Contractor, or to any other person, including members of the general public, arising from or incident to any activity causing or leading to contact of 4842-9647-4625\ Page \3 of 16 P:\Ageadas\Agalda Allachmc:nts\Ag:rtnt:<_Ammd1OO1\il_I9-07 Dakcno, IDc. - YWCA D<molition Conuaa-doc CDC/2007-31 any kind whatsoever with lead-based paint on the demolition sites, whether the Agency has properly warned, or failed to properly warn, any persons injured. The Contractor agrees to cause all removal, transportation and disposal of the lead-based paint removed pursnant to this Contract and the Contract Documents without any cost or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and other charges and assessments as may be charged, levied or assessed as to .the removal, transportation and disposal of the lead-based paint pursuant to this Contract. The Contractor represents and warrants that all such additional fees, taxes and other charges and assessments are included within the Contract price set forth in Section 3 hereof. 35. ASBESTOS CONTAINING MATERIALS. The Contractor shall submit to the Agency an Abatement Plan pursuant to the State of California Department of Health Services Regulations, and pursuant to the South Coast Air Quality Management District, prior to the commencement of work on the Project, if applicable. The Agency assumes no liability for damages for personal injury, illness, disability, or death to the Contractors, or employees, agents, or invitees of the Contractor, or to any other person, including members of the general public, arising from or incident to any other activity causing or leading to contact of any kind whatsoever with Asbestos on the demolition sites, whether the Agency has properly warned, or failed to properly warn, any persons injured. The Contractor agrees to cause all removal, transportation and disposal of the asbestos so removed ') pursuant to this Contract and the Contract Documents without any cost or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and other charges and assessments as may be charged, levied or assessed as to the removal, transportation and disposal of the asbestos pursuant to this Contract. The Contractor represents and warrants that all such additional fees, taxes and other charges and assessments are included within the Contract price set forth in Section 3 hereof. 36. HAZARDOUS WASTE NOTIFICATION. The Contractor shall promptly, and before the following conditions are disturbed, notify the Agency, in writing, of any of the following: . (I). Materialthal'theContJ;act~rbelievesmaybehazardous waste, as defmed.U>. Section 25117 of the. California Health and Safety Code .that is required to be removed to a Class T, Class II, or Class ill disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. After promptly investigating the conditions of such material, if the Agency finds that the conditions do materially differ from that indicated in the information about the site in the bid packet made available to bidders prior to the deadline for accepting bids, or if the Agency finds that the conditions do involve hazardous waste, the Agency shall cause a decrease or increase in the Contractor's costs of the Project, 4842-96474625J Page 14 of 16 P:\Agcndas\Agen'da Anadu"ents\Agnnts-Amend 1007\1 1-19-<17 Oakena, h.c. - yWCA D<molition Contract-doc CDC/2007-31 '] or time required for performance of any part of the work for the Project, and shall issue a written Project Change Order under the procedures described in Section 11. of this Contract. In the event that a dispute arises between the Contractor and the Agency regarding whether the conditions materially differ, or whether the conditions involve hazardous waste, or whether such conditions cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work for the Project, the Contractor shall not he excused from any scheduled completion date provided for by this Contract, but shall proceed with all work to be performed under this Contract, retaining any and all rights provided by this Contract or law which pertain to the resolution of disputes under this Contract. 37. BUSINESS REGISTRATION CERTIFICATION. The Contractor warrants that it possesses, or shall obtain immediately after the execution and delivery of this Contract, and maintain during the period of time that this Contract is in effect, a business registration certification pursuant to Title 5 of the City Municipal Code, together with any and all other licenses, contractor license, permits, qualification, insurance and approvals of whatever nature that are legally required to be maintained by the Contractor to conduct its business activities within the City. 38. STATE OF CALIFORNIA PREY AILING WAGE DETERMINATIONS. The appropriate prevailing wage determinations may be obtained from the California Department of Industrial Relations Internet Web Site at www.dir.ca.gov/dirdatabases. III III ) III III III III III III III III III III III III 4842-96474625.1 Page 15 of 16 P:lAgaldas\ApdaAII3CIunenl'llAgmus-Ammd1OO7\11-19-010ahno, Inc. - YWCA Dcmolitioa Contra<;Ldoc CDC/2007 - 31 IN WITNESS WHEREOF, two (2) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been dnly executed by the parties hereinabove named, on the day and year first herein written. AGENCY: By: Maggie Pacheco, Executiv Redevelopment Agency of the City of San a public body, corporate and politic Approved as to Form and Legal Content: By: C~1~ Agenc unse ) CONTRACTOR: Oaken c;;;:- Marcia Miller, President DAKENO, INe 6021 tarragona Dr RIverside. CA 92509 .951~ Type or Print Contractor's/Bidder's Business Address (City, State and Zip Code) 2-;?"Cl::/9/ C:~2/ Contractor License Classification Contractor's License II j$o/t:J8 Contractor's L{cense.f.xpiration Date -:25<:1Z-9 Bond Number 4842-9647-4625.1 Page 16 of 16 P;\Ajlcndas\AgcndaAtw:hmeots\Agrmls-Amend 2001\11-1"-07 Duena, \IIC- - YWCA r>em>lition Contract.doc