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R32- Economic Development Agency
r ` CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FROM: Emil A.Marzullo SUBJECT: AON, Incorporated - Demolition of certain Interim Executive Director Agency Properties located at 2624, 2625, 2633, 2643 and 2657 West 5" Street (5' Street and Meridian Avenue Project) DATE: August 18,2009 Synopsis of Previous Commission/Council/Committee Action(s): On August 6, 2009, Redevelopment Committee Members Johnson, Baxter and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. Recommended Motion(s): (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Demolition Contract by and between the Agency and AON, Incorporated for the demolition of Agency Properties located at 2624,2625,2633, 2643 and 2657 West 5" Street, San Bernardino, -- California(5"Street and Meridian Avenue Project) Contact Person(s): Carey K.Jenkins Phone: (909)663-1044 Project Area(s): N/A Ward(s): 6'" Supporting Data Attached: 0 Staff Report 0 Resolution(s)0 Agreement(s)/Contract(s)0 Map(s)❑Letter(s) Agency Low and Moderate Funding Requirements: Amount: $ 74,500 Source: Income Housing Fund Budget Authority: Agency's FY 2009-2010 Budget Signature: Fiscal Review: Emil A.Maz erun Executive Director Rus DeJest nterim Administrative Services Director Commission/Council Notes: PSU C 9-33 P A,.&,T.o .D C..inionTD 9\09-0 C200S-0 AON,Inc.DemolitionC.n (5th @Meridim)SM. COMMISSION MEETING AGENDA Meeting Date: 09/08/2009 Agenda Item Number: SI ECONOMIC DEVELOPMENT AGENCY STAFF REPORT AON,INCORPORATED -DEMOLITION OF CERTAIN AGENCY PROPERTIES LOCATED AT 2624,2625,2633,2643 AND 2657 WEST 5TH STREET (5TH STREET AND MERIDIAN AVENUE PROJECT) BACKGROUND: On September 15, 2008, the Community Development Commission of the City of San Bernardino ("Commission") authorized the Redevelopment Agency of the City of San Bernardino ("Agency") Staff to initiate Phase I of the 5t' Street and Meridian Avenue Project (the "Project') which includes the acquisition of a series of four-plex apartment buildings that are currently privately owned. The Project is a priority for the Agency as a result of the blighting effects the current apartment complexes are having on the immediate area which is generally comprised of single-family residences. Given the eagerness to sell by a number of existing property owners and the overall depressed state of the residential housing market, the Agency has a unique opportunity to acquire these properties at drastically reduced prices in order to obtain site control for future development. After the properties are acquired, the Agency will issue a request for proposals to the development community in an attempt to seek the best redevelopment solution on an open and competitive basis. As of July 9, 2009, the Agency has been successful in acquiring nine bank-owned properties and is presently negotiating the acquisition of one more property that remains. It is anticipated that the final bank-owned property will be under contract by the Agency with its respective owner within the next 60 days. On May 15, 2009, the Commission adopted a Resolution approving and authorizing the Interim Executive Director of the Agency to execute a Demolition Contract by and between the Agency and J&G Industries, Inc., for the demolition of Agency properties located at 2656, 2695 and 2639 West 5t' Street, San Bernardino in support of the Project which resulted in the complete demolition and removal of these properties in June of 2009. CURRENT ISSUE: At this stage, the Agency is ready to demolish an additional five more properties that it currently owns. The addresses include: 2624, 2625, 2633, 2643 and 2657 West 5`)' Street. On July 2, 2009, California Property Specialists Inc. ("CPSP') acting on behalf of the Agency, solicited four proposals for demolition 1 services from companies specializing in this activity. As a result of these solicitations, four bids were received on July 8, 2009. The corresponding fees are identified below,by company: { Contractor city Bid Amount West Coast Land Long Beach, CA $133,000.00 J&G Industries Fountain Valley, CA $94,828.00 Dakeno, Inc. Riverside, CA $82,000.00 I AON, Incorporated Fontana, CA $74,500.00 i i P Age a\Co=m Co=ission\CDC 2009\09-08-N AON,Im D olition Conrt (5th&Me ian)SR da COMMISSION MEETING AGENDA Meeting Date: 09/08/2009 A¢enda Item Number: E23�- Economic Development Agency Staff Report Demolition Contract—A ON, Inc. Page 2 Based on their qualifications, the scope of work requirements and their overall fee, the Agency recommends selecting AON, Incorporated as the lowest and most responsible bidder. All demolition work will be completed to mitigate the release of any asbestos containing building materials or other harmful environmental substances identified by the February 20, 2009, T&T Environmental analysis that was conducted at the sites identified thus far for demolition. ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: There is no impact to the City's General Fund. Funds used to pay for this demolition are derived from the Agency's Low and Moderate Income Housing Fund identified in the FY 2009-2010 Budget. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. G Emil A. Marzullo, nterim Executive Director i i I i i J P:U,.d.\Co. C..i.i..%W 2W N0 809AON,I.Drnolitm Cm=(5th&Maidiu)SRd. COMMISSION MEETING AGENDA ! Meeting Date: 09/08/2009 } Agenda Item Number: Q.3ti 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 4 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO 5 EXECUTE A DEMOLITION CONTRACT BY AND BETWEEN THE AGENCY AND AON, INCORPORATED FOR THE DEMOLITION OF 6 AGENCY PROPERTIES LOCATED AT 2624, 2625, 2633, 2643 AND 2657 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (5TH STREET AND 7 MERIDIAN AVENUE PROJECT) 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 10 community redevelopment agency duly created, established and authorized to transact business and 11 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 12 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing 13 at Section 33000 and is authorized to acquire and demolish blighted properties for redevelopment 14 purposes located within the approved redevelopment project areas in the City of San Bernardino 15 (the "City") in accordance with the CRL; and 16 WHEREAS, the Community Development Commission of the City of San Bernardino (the 17 "Commission"), as the governing board of the Agency, has authorized the Agency to assemble, 18 acquire real property and demolish blighted structures for community redevelopment purposes in 19 the City; and 20 WHEREAS, the hereinafter described properties display substantial and pervasive 21 symptoms of blight that cannot be remedied by private parties acting alone without community 22 redevelopment assistance; and 23 WHEREAS, on February 27, 2009, the Agency acquired title to the multi-family four-plex 24 property located at 2624 West 5h Street, San Bernardino ("Site 1") and on April 9, 2009, the 25 Agency acquired title to the multi-family four-plex property located at 2625 West 5th Street, San 26 Bernardino ("Site 2") and on March 23, 2009, the Agency acquired title to the multi-family four- ` 27 plex property located at 2633 West 5t' Street, San Bernardino ("Site 3") and on June 24, 2009, the 28 Agency acquired title to the multi-family four-plex property located at 2643 West 5`h Street, San I P U¢endaa\Rein itfinni:R—hai...:JINW\119110.1M1 AI V T., _irA M.rN:.n D...:-v ti......i:.:..-i`..-....-i`ry o...•-_ 1 Bernardino ("Site 4") and on May 28, 2009, the Agency acquired title to the multi-family four-plex 2 property located at 2657 West 5t' Street, San Bernardino ("Site 5") which Sites 1, 2, 3, 4 and 5 are 3 collectively referred to as the "Properties" all located within the City; and 4 WHEREAS, it has been determined that upon the respective purchase dates of Sites 1, 2, 3, 5 4 and 5 all Properties were vacant and continue to be vacant; and 6 WHEREAS, on July 2, 2009, California Property Specialists, Inc. (CPSI), acting on behalf 7 of the Agency, held a job walk at the Properties as a result of soliciting four (4) proposals from 8 demolition companies, and from these solicitations, four (4) bids were received on behalf of the 9 Agency on July 8, 2009; and 10 WHEREAS, AON, Incorporated (the "Contractor"), was determined to be the lowest 11 responsible bidder and the Agency desires to retain the Contractor to perform said demolition and 12 clearance of the Properties in accordance with the terms and conditions of the Demolition Contract, 13 and Addendum (the "Contract') attached hereto and incorporated herein by said reference. 14 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 15 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 16 FOLLOWS: 17 Section 1. The information set forth in the above recitals of this Resolution is true and 18 correct. 19 Section 2. The Commission hereby approves the Contract between the Agency and the 20 Contractor attached hereto, incorporated herein by reference, and waives any irregularities in the 21 bid as submitted by the Contractor as permitted by the bid documents. The Commission further 22 authorizes the appropriation of the Contract price amount to be paid from the Low and Moderate 23 Income Housing Fund of the Agency. 24 Section 3. The Interim Executive Director of the Agency is hereby authorized to 25 execute the Contract on behalf of the Agency in substantially the form attached hereto, together 26 with such changes therein as may be approved by the Interim Executive Director of the Agency and 27 Agency Counsel. The Interim Executive Director of the Agency or such other designated 28 representative of the Agency is further authorized to do any and all things and take any and all 2 P.Ugendas Resolunon9Ree lutions\1009\W-08-09 AON.Inc.-5th Mendian Proiw Demolition Contract CDC Reso.dca 1 actions as may be deemed necessary or advisable to effectuate the purposes of the Contract, 2 including making non-substantive modifications to the Contract. 3 Section 4. This Resolution shall take effect from and after its date of adoption by 4 this Commission. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 P AON.Inc.-51h Mendw Proie N.Iition Cnnnan CIA'Rem d- RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 1 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO 3 EXECUTE A DEMOLITION CONTRACT BY AND BETWEEN THE AGENCY AND AON, INCORPORATED FOR THE DEMOLITION OF 4 AGENCY PROPERTIES LOCATED AT 2624, 2625, 2633, 2643 AND 2657 5 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (5TH STREET AND MERIDIAN AVENUE PROJECT) 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting 9 thereof, held on 2009 by the following vote, to wit: 10 Commission Members: Aves Nays Abstain Absent 11 ESTRADA — 12 BAXTER — 13 BRINKER — 14 SHORETT — 15 KELLEY — 16 JOHNSON — 17 MC CAMMACK — 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of 2009. 21 22 Patrick J. Morris, Chairperson Community Development Commission 23 of the City of San Bernardino 24 Approved as to Form: 25 By: 26 Agencyr-otkhsel 27 28 4 P UgendasU mlutunsU mWtiunst2W N418-0 AM IN 5th Meridian Pmjm Demolition Comraa CDC Rem dNx REDEVELOPMENT AGENCY OF THE,CITY OF SAN BERNARDINO DEMOLITION CONTRACT (ASBESTOS/LEAD-BASED PAINT ABATEMENT AND DEMOLITION/SITE CLEARANCE PROJECT) THIS PUBLIC WORKS PROJECT CONTRACT for the asbestos/lead-based paint abatement and demolition/site clearance project at 2624, 2625, 2633. 2643 and 2657 West 5h Street, San Bernardino, California (this "Contract"), is made and entered into this 8`s day of September, 2009, by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (referred to herein as the "Owner" or the "Agency") and AON, Incorporated, a California corporation (the "Contractor"). IN WITNESS HEREOF, THE UNDERSIGNED PARTIES HAVE MUTUALLY COVENANTED AND AGREED TO THE FOLLOWING: 1. THE CONTRACT DOCUMENTS. The complete contract is comprised of and includes: 1) The Instructions to Bidders (including asbestos/lead based paint survey); 2) Bidder's Proposal; 3) Equal Employment Opportunity Certification; 4) Minority Business Enterprises/Women's Business Enterprises ("MBE/WBE") Information; 5) Designation of Subcontractors; 6) Technical Specifications; 7) Certification of Insurance coverage; 8) Copies of the State of California Contractor's Licenses; 9) Copy of the City of San Bernardino ("City") Business License; 10) Copy of the Worker's Compensation Insurance. h All of the above documents are intended to coordinate so that any work called for in one (1) and not �i mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract are hereinafter referred to collectively as the "Contract Documents". 2. THE WORK. The Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and materials (except that specifically mentioned as being furnished by others) necessary to perform and complete the work in a good and worker like manner as called for, and in the manner designated in, and in strict conformity with the Contract Documents which are identified by the signatures of the parties to this Contract and are, collectively, entitled: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ASBESTOS/LEAD-BASED 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 bid proposal for the asbestos/lead-based paint abatement and demolition/site clearance of 2624, 2625, 2633, 2643 and 2657 West 5a' Street, San Bernardino, California(the "Project"). The amount of the Contract for the Project is Seventy-Four Thousand Five Hundred Dollars and 00/100 ($74,500.00). Page I of 18 PWgcndsstAgcnda AvaNmenUt genda Attachme Us genda AnuhmenUNg is-AmaW 2009\ S-U9AON,Inc.-Final Demolition Contnttdoc 4. CONTRACT AMENDMENTS. The Interim Executive Director of the Agency is authorized to sign on his own authority amendments to this Contract which are of routine or technical nature, including minor adjustments to the Schedule of Performance unless otherwise specified in this Contract. All other amendments require the mutual agreement of both the Agency and the Contractor. 5. INCORPORATION BY REFERENCE OF PART 1, SECTIONS 1-9 OF THE GREENBOOK- 2009 EDITION, AS SUPPLEMENTED. The Greenbook, as supplemented by the publications entitled, "2009 Cumulative Supplements to Greenbook," are hereby incorporated by this reference into this Contract. The word "Project" means and refers to the "Project," as this term is defined in the Instructions to Bidders. To the extent that any provision of the printed text which appears in this Contract is in conflict with the printed text of the provisions of the Greenbook as incorporated into this Contract-by this reference, then in such event, the printed text of this Contract shall take precedence over such printed text in the Greenbook. 6. PAYMENT. After the completion of the asbestos/lead based paint abatement and demolition/clearance for either the 2624 West 5'h Street portion, the 2625 West 5th Street portion, the 2633 West 5`n Street portion, the 2643 West 5t' Street portion or the 2657 West 5s' Street portion of this Contract, the Contractor maX make five (5) separate requests for payment to the Agency upon the completion of the 2624 West 5 Street portion, the 2625 West 5`h Street portion, the 2633 West 5`h Street portion, the 2643 West 5`h Street portion or the 2657 West 5`h Street portion. After acceptance of the work by the Agency, the Agency shall review the payment request to determine if it is a proper payment request. If the Agency deems that the payment request is proper,the Agency shall make a payment in the amount of the Contractor's payment request, less a ten percent (10%) retention amount within thirty (30) calendar days after the Agency's acceptance. This ten percent (10%) retention amount of the payment request shall be retained by the Agency until completion of the entire Project that is covered by this Contract as evidenced by the Notice of Completion as hereinafter provided. With regard to the retention amount, the Agency will release the Contractor's retention amount within forty-five (45) calendar days after recordation of a Notice of Completion, as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the Agency shall constitute the Agency's acceptance of the completed Project. However, if any gayment request as submitted for the completion of the 2624 West 51h Street portion, the 2625 West 5 Street portion, the 2633 West 50' Street portion, the 2643 West 5`h Street portion or the 2657 West 5`h Street portion, is determined by the Agency not to be a proper payment request suitable for payment, such payment request shall be returned to the Contractor by the Agency within ten (10) working days after the Agency's receipt of the payment request. A payment request returned to the Contractor by the Agency under the provisions of this Section 6 shall be accompanied by a written document setting forth the reason or reasons why the payment request is not proper. The number of days for the Agency to make a certain payment as provided in this Contract, without incurring interest pursuant to this Section 6, shall be reduced by the number of days by which the Agency exceeds the ten (10) working days return period for such payment request, if determined to be improper, as set forth in this Section 6. For the purposes of this Section 6, a "request for payment" means all payments due to the Contractor under this Contract, exclusive of that portion of the final payment designated as retention amounts. Also, for the purposes of this Section 6, a payment request shall be considered properly executed by the Agency, if funds are available to pay the payment request and payment is not delayed due to an audit inquiry by the Agency's financial officer. Page 2 of 18 P Ugada�gcnda AnachmenuUgeMa Atuchmcou\genda Anachmcnu\A,,nr -Amend 20D9.0 (l"AON,Inc.-Final Demolition Contractdoc In the event that the Agency has not made payment within thirty (30) calendar days after the receipt of a payment request and acceptance of the Contractor's payment request and work, the Agency shall pay the Contractor interest on the amount of any portion of the payment request, excluding retention amounts not made to the Contractor within thirty (30) calendar days after the Agency's receipt of a payment request and acceptance of the Contractor's work at the legal rate set forth in the California Code of Civil Procedure Section 685.010. 7. STOP WORK NOTICES. The Contractor shall promptly pay all valid bills and charges for material, labor, equipment or otherwise in connection with or arising out of the performance of this Contract, and will defend, indemnify, protect and hold the Agency free and harmless against all liens and/or claims of lien for material, labor or equipment filed against the Agency, and from and against all expenses and liability in connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising therefrom. In the event any liens and/or claims of lien are filed for record against the Agency or any property owned by the Agency, or the Agency receives notice of any unpaid bill or charge in connection with the performance of this Contract, the Contractor shall, forthwith either pay and discharge the liens and/or claims of lien and cause same to be released of record, or the Contractor shall famish the Agency with proper indemnity, either by satisfactory corporate Surety Bond or satisfactory title policy. Said indemnity shall also be subject to approval of the lien holder. 8. TIME FOR COMPLETION. All work under this Contract shall be completed by a date no later than sixty(60) calendar days from the date of the Contractor's receipt of a Notice to Proceed from the Agency which date may first occur; provided, however, it is anticipated that the Contractor may receive its Notice to Proceed by a date no later than September 21, 2009. 9. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or �.. its employees or those under it by this Contract or otherwise, or by changes ordered in the work, or by strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the Agency, or by any justifiable cause which the Agency shall authorize, then the Contractor shall make out a written claim addressed to the Agency setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Agency for approval. The Agency will evaluate the claim and if the claim is justifiable, will request the Agency's approval. No such extension will be allowed unless written claim therefore, has been made within three (3)business days after the delay became apparent. 10. _LIQUIDATED DAMAGES FOR DELAY. The provisions of Section 6.9 of the Greenbook are hereby modified to provide for liquidated damages in the amount of Two Hundred Dollars and 00/100 ($200.00) per working day for all unexcused delays on the performance by the Contractor under this Contract. 11. CHANGE ORDERS. No change in work, as described in the Contract Documents, shall be made except upon the written approval of the Agency. The Contractor shall not be entitled to any compensation for any additional work unless such written Project Change Order is written and entered into by the Contractor and the Agency. The Project Change Order shall describe the nature of the additional work in detail, the location 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. �v Page 3 of 18 P WgendaaNAgnda Amchments\Agenda AmchmemsVigenda AvachmenoUgrm6-Amend 2009109-0g-09 AON,Inc.-Final Demolition Contract doe 12. REAL PROPERTY LIENS. The Contractor shall promptly pay all valid bills and charges for material, labor or otherwise in connection with or arising out of the performance of this Contract, and will defend, indemnify, protect and hold the Agency free and harmless against all liens and/or claims of lien for material and labor filed against the real property or any part thereof, and from and against all expenses and liability in connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising therefrom. In the event any liens and/or claims of lien are filed for record against the real property, or the Agency receives notices of any unpaid bill or charge in connection with the perfonnance of this Contract, the Contractor shall forthwith either pay and discharge the liens and/or claims of lien and cause same to be released of record, or the Contractor shall furnish the Agency with proper indemnity, either by satisfactory corporate surety bond or satisfactory title policy. Said indemnity shall also be subject to approval of the lien holder. . 13. INDEMNIFICATIONS AND HOLD HARMLESS. The Contractor shall defend, indemnify, protect and hold free and harmless the Agency, its officers, employees, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs, injuries to or death of any person or persons and expenses, including attorney's fees, for injury or damage of any type claimed which is brought by any individual or entity, whether public or private, as a result of the acts, errors or omissions of the Contractor, its officers, employees, agents, and its Subcontractors arising from or related to performance of the work required hereunder to complete the Project. 14. INSURANCE. The provisions of Section 7-3 and Section 7-4 of the Greenbook are hereby amended to read, as follows, for the purposes of this Contract: The Contractor shall procure and maintain insurance policies meeting the minimum requirements set forth below. Insurance shall be provided by insurers satisfactory to the Agency. Certificates evidencing insurance coverage shall be delivered to the Agency for each policy required herein prior to �.r commencement of any work. All insurance certificates shall name the Agency as an additional insured and provide for thirty(30) calendar days' prior written notice of cancellation to the Agency. a. Comprehensive General Liability Insurance. The Contractor shall maintain comprehensive general liability insurance of not less than One Million Dollars and 00/100 ($1,000,000.00) combined single limit, per occurrence. The Contractor must provide Comprehensive General Liability Insurance Policy with appropriate endorsement for builder's course of construction and fire casualty loss. b. Automobile Insurance. The Contractor shall maintain comprehensive automobile liability insurance of not less than One Million Dollars and 00/100 ($1,000,000.00) combined single limit per occurrence. c. Worker's Compensation. The Contractor shall maintain worker's compensation coverage in accordance with the laws of the State of California for all workers under which it employs and Subcontractors performing the work required herein. 15. LABOR PROVISIONS. a. Prevailine Wages. - The Project is a"public work"as this term is defined under applicable State law(See California Labor Code Section 1720, et seq., and California Code of Regulations, Title 8, Section 16000, et seq.). Page 4 of 18 P Ug,W.\A eM.ft-h--=O I-MI Am h.=m Se Amah mM,,mu-Amend 200T09-0g-09 A01,Inc.-Find Dcm lnbn C w.,do (1) All laborers and mechanics employed or working upon the site of the Project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account the full amount of wages and bona fide fringe benefits (or cash equivalents O.. thereof) due at the time of payment computed at rates not less than those contained in the wage determination of the Director of the Department of Industrial Relations (the "Director") regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage deternination for the classification of work actually performed, without regard to skill, except as provided in paragraph d. of this Section 15. Laborers or mechanics performing work in more than one (1) classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination shall be posted at all times by the Contractor and its Subcontractors at the site of the Project in a prominent and accessible place where it can easily be seen by the workers. (2) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (3) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic, the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,provided that the Director has found, upon the written request of the Contractor, that the applicable standards of the Prevailing Wage Law ("PWL") have been met. The Director may require the Contractor to set aside, �^ in a separate account, assets for the meeting of obligations under the plan or program. b. Withholding. The Agency shall, upon its own action or upon written request of an authorized representative of the Department of Industrial Relations, withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same Contractor, or any other contract subject to prevailing wage requirements, which is held by the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the Project, all or part of the wages required by the contract referenced above or by this Contract, the Agency may after written notice to the Contractor, take such action as may be necessary to cause the suspension of any Rather 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, daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Labor Commissioner has found under paragraph (3) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under such plan L.. 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 Page 5 of 18 P.Ugcnd.A,,ndn An.d. vAASe &AnachmemdAgcMa AU tl.cnU�Agmna-Amend 2W 4)8-0 AON.Inc.-Final Demolition Contnm doc has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. If the Contractor employs apprentices or trainees under approved programs, the Contractor shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2) (i) The Contractor shall prepare weekly payrolls for each week in which any Contract work is performed. The payrolls shall set out accurately and completely all of the information required to be maintained under paragraph c (1) above. This information may be prepared in any form desired. The Contractor is responsible for obtaining copies of payrolls paid by all Subcontractors. (ii) Each payroll prepared shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under paragraph c (1) above and that such information is correct and complete; (B) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into this Contract. (iii) Whenever a Contractor or Subcontractor is found by the Labor Commissioner to be in violation of the PWL with intent to defraud, the Contractor or Subcontractor shall be ineligible for a period of not less than one (1) 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 (1) of this Section 15 available for inspection, copying or transcription by authorized representatives of the Agency, any office of the Division of Labor Standards Enforcement or the Division of Apprenticeship Standards, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Labor Commissioner may, after written notice to the Contractor or the Agency, take such action as may be necessary to cause the withholding of any further payment, advance or guarantee of funds by the Agency, and determination of a penalty as set forth in Labor Code Section 1775, et seq. d. Apprentices and Trainees. (1) 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 Page 6 of 18 P:UVMOAgeM,Andrn.nmUgeMa Avachnnen aWgeMa Artallnnawl 1pnts-Amend 2MAN-O"AOI,Inc.-Final Demofaion Cora listed on a payroll at an apprentice wage rate, who is not employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the apprenticeship standards and agreements shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. Every apprentice must be paid at not less than the rate specified in the apprenticeship agreement for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of Apprentices determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (2) Trainees. Trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in an "on-the-job training" program established pursuant to Labor Code Section 3093. The ratio of trainees to journeymen on the Project site shall not be greater than permitted under the program pursuant to Section 3093 by the California Apprenticeship Council in cooperation with the Department of Education, the Employment Development Department, and the Board of Governors of the California Community Colleges. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress. Trainees shall be paid fringe benefits in accordance with the provisions of the training program. If the training program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of Apprentices so determines. Any employee listed on the payroll at a trainee rate who is not registered and participating in an "on-the-job training" program established pursuant to Section 3093, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the Project site in excess of the ratio permitted under the "on-the-job training" program as established, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Administrator of Apprentices withdraws approval of an "on-the-job training" program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the prohibitory discrimination provisions of California law as set forth in the California Constitution, Article 1, Section 8, Government Code Section 12900, et seq. and Labor Code Sections 1735, 1777.6 and 3093. e. Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts the clauses contained in paragraphs a. through i. of this Section 15 of this Contract and such other clauses as may be required, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the Contract clauses and all requirements of the PWL. f. Contract Termination. A breach of this Contract based upon the clauses in paragraphs a. through i. of this Section 15 and a. through e. of Section 16 below are grounds for termination of this Contract, and for the withholding of payment by the Agency and notification to the Division of Labor Standards Enforcement or the Division of Apprenticeship Standards, as applicable. Page 7 of 18 P NgeMutAgenda Atuchm e;Ugenda AnachmenuUgend,Anaohmenu\Agr Amend 2W9t .NA AON,Ino.-Fiml Demolition Comnadoc g. Compliance With Prevailing Wage Law and Related Regulatory Requirements. All rulings and interpretations of the PWL and the related regulations promulgated thereunder, contained in 8 CCR Section 16000, et seq., are herein incorporated by reference in this Contract. "® h. Disputes Concerning Labor Standards. Disputes arising from the labor standards provisions of this Contract shall not be subject to the general disputes provision of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Industrial Relations as set forth in California Code of Regulations, Title 8, Section 16000, et seq. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontracts) and the Agency,the Department of Industrial Relations, or the employees or their representatives. i. 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 of a 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 watchmen and guards. a. Overtime Requirements. Neither the Contractor nor any Subcontractor contracting for any part of the Project which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workday in which he or she is employed on such L.. 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 '/2) times the basic rate of pay for all hours worked in excess of eight(8)hours in such workday or forty(40)hours in such workweek. b. Violation: Liability for Unpaid Wages, Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor and any Subcontractor responsible therefore, shall be liable for the unpaid wages. In addition, the Contractor and Subcontractor shall be liable to the Agency for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of Ten Dollars and 00/100 ($10.00) for each calendar day on which such individual was required or permitted to work in excess of the standard workday of eight (8) hours or workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. C. Withholding for Unpaid Wages and Liquidated Damages. The Agency shall, upon its own action or upon written request of an authorized representative of the Department of Industrial Relations withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor under any such contract or any other contract with the same Contractor, or any other contract subject to the California work hours and safety standards requirements, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. Page 8 of 18 P:NgeMaaUgenda AmchmenUVgenda AaachmmuUgenda AttuhmemaUymmu-Amend 200 4)8-0 AON.Inc -Final Demolit on Onvact doc d. Working conditions. Neither the Contractor nor any Subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards issued by the Department of Industrial Relations. e. Subcontracts. The Contractor and any Subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. above and also a clause requiring the Subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs a. through d. of this Section 16. 17. NONDISCRIMINATION. The Contractor, with regard to the work performed by it during the terms of this Contract, shall not discriminate on the grounds of race, color or national origin in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by the California Constitution and statutory provisions, including the PWL. 18. CITY OF SAN BERNARDINO MINORITY BUSINESS ENTERPRISES (MBE) AND WOMEN'S BUSINESS ENTERPRISES (WBE) PROGRAM PROVISIONS. A policy for establishing goals for participation of the MBE/WBE was adopted on November 20, 1995, by Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated January 1995. Bidder's outreach efforts (good faith efforts)must reach out to MBE/WBE and all other business enterprises. Prime bidder's could reasonably be expected to produce a level of participation by interested subcontractors of fifteen percent (15%)MBE and five percent (5%) WBE on this Project. Bidder's shall make every reasonable effort to solicit bids from MBE/WBE. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise. It is the policy of the City to provide MBE/WBE and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including the local MBE/WBE, have an equal opportunity to compete for and participate in City and Agency contracts. If the City has established expected levels of participation for the MBE/WBE subcontractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidder's good faith effort must be based on information provided on the Good Faith Effort Statement of MBE/WBE Participation form. The Contractor, sub-recipient or Subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the Agency deems appropriate. The Contractor agrees to pay each Subcontractor under this Contract for satisfactory performance of its contractual arrangement no later than ten (10) calendar days from the receipt of each payment the Contractor receives from the Agency. The Contractor agrees further to return retainage payments to each Subcontractor within seven (7) calendar days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Agency. This clause applies to both the MBE and WBE. Page 9 of 18 P9gendu\Agenda Amchmcmu genda AnchmemXAaendi Anachmem¢ Vmu-Amend 204\0M"AON,Iw.-Piml N.1ilim Cm.... 19. CIVIL RIGHTS. The Contractor assures that it will comply with the California Constitution, Article I, Section 8, pertinent statutes, and such rules are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from the Project. This provision binds the Contractor from the bid solicitation period through the completion of this Contract. This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers. 20. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the regulations relative to nondiscrimination on the grounds of race, color or national origin. 21. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Agency to be pertinent to ascertain compliance with such regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to famish this information, the Contractor shall so certify to the Agency, as appropriate, and shall set forth what efforts it has made to obtain the information. 22. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Agency shall impose such contract sanctions as determined to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under this Contract until the Contractor complies and/or; b. Cancellation,termination or suspension of this Contract, in whole or in part. 23. INSPECTION OF RECORDS. The Contractor shall maintain an acceptable cost accounting system. The Agency, the Division of Labor Standards Enforcement or the Division of Apprenticeship Standards shall have access to any books, documents, papers and records of the Contractor which are directly pertinent to this Contract or the Project for the purposes of making an audit, examination, excerpts and transcriptions. The Contractor shall maintain all required records for three (3) years after the Agency makes final payment and all other pending matters are closed. 24. RIGHTS IN INVENTIONS. All rights to inventions and materials generated under this Contract are subject to regulations issued or as may hereafter be issued by the Agency. Information regarding these rights, as applicable, is available from the Agency. 25. BREACH OF CONTRACT TERMS. Any violation or breach of terms of this Contract on the part of the Contractor or its Subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the Agency under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. This Contract shall be interpreted under the laws of the State of California. The venue for any legal proceeding to enforce or interpret any provisions of this Contract shall be in the Superior Court of the County of San Bernardino, Main Branch in the City Page 10 of 18 P:UgcndasWgenda Aanh.e.0 Ayala Anachmem\Aunda Attachmenns ,,mss-Amend 2009109 48A AON.I..-Final D.Iiti.n C.ntna&, of San Bernardino. In the event that legal proceedings may be initiated by one (1) party to enforce its rights under this Contract, then the prevailing party in such legal proceedings shall be entitled to recover from the other party, its reasonable attorneys' fees either in such legal proceedings or in a separate action to recover such reasonable attorneys' fees. In the case of the Agency, the words "reasonable attorneys' fees" include the cost and expenses calculated on an hourly basis, of all lawyers retained by the Agency in connection with the legal representation of the Agency in any matter arising from the Contract, including, without limitation, attorneys in the Office of the City Attorney and the Agency General Counsel. 26. TERMINATION OF CONTRACT BY THE AGENCY. a. The Agency may, by written notice, terminate this Contract in whole or in part at any time, either for the Agency's convenience or because of the Contractor's failure to fulfill its Contract obligations. Upon receipt of such notice, services shall be immediately discontinued(unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in process, delivered to the Agency. b. If the termination is for the convenience of the Agency, an equitable adjustment in the Contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill the Contractor's obligations, the Agency may take over the work and prosecute the same to completion by this Contract or otherwise. In such case, the Contractor shall be liable to the Agency for any additional costs occasioned to the Agency thereby. d. If, after notice of termination for failure to fulfill the Contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Agency. In such event, adjustment in the Contract price shall be made as provided in paragraph b. of this clause. e. The rights and remedies of the Agency provided in this Section 26 are in addition to any other rights and remedies provided by law or under this Contract. 27. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of this Contract in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations of directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such directive, the Contractor may request the Agency to enter into such litigation to protect the interests of the Agency and, in addition, the Contractor may request the Department of Industrial Relations to enter into such litigation to protect the interests of the State of California. 28. CONTRACTOR CLAIMS OF $74,500 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 Seventy-Four Thousand Five Hundred Dollars and 00/100 ($74,500.00) or less, are subject to the claims procedures set forth in California Public Contract Code Sections 20104, et seq., except as otherwise provided in Page 11 of 18 P UgeMasWgenda AmchmentaNApnda AtudimantsNgenda AmchmentaNgrmu-Amend 2Ot] )4"AON,Inc.-Final Demolition Contract doc this Contract and the incorporated documents, conditions and specifications. A copy of the California Public Contract Code Sections 20104 through 20104.6 is attached to this Contract as Exhibit"A." 29. LOBBYING AND INFLUENCING EMPLOYEES. (1) No public works funding shall be paid, by or on behalf of, the Contractor or its Subcontractors, to any person for influencing or attempting to influence an officer or employee of the Agency in connection with the Project. (2) The terms of the Conflict of Interest Code and any amendments thereto which have been incorporated by reference into the PWL and constitute the Conflict of Interest Code of the Department 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 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 acknowledgment by the parties. 31. 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). 32. PROTECTION. The Contractor shall, at all times, provide protection against weather, rain, wind, storm and heat so as to maintain all work, materials, apparatus and fixtures free from injury and damage. At the end of a day's work, all new work, and the premises likely to be damaged by failure to provide protection, as required above, shall be replaced or repaired at the Contractor's expense. 33. CONTRACTORS BEST SKILL. The Contractor shall supervise and direct the work using its best efforts, skill and attention to ensure the workmanship and materials are of good quality and that the work is completed in accordance with this Contract. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures; safety on the work; and coordinating all portions on the Project to be performed by the Contractor's laborers, employees, vendors and subcontractors, if any. 34. LEAD-BASED PAINT. The Contractor agrees to submit to the Agency, an Abatement Plan, including workdays required and a cost breakdown per the State of California Department of Health Services Regulations and per the South Coast Air Quality Management District prior to the commencement of demolition work on the Project. The Agency assumes no liability for damages for personal injury, illness, disability or death to the Contractors, or employees, agents, or invitees of the Contractor, or to any other person, including members of the general public, arising from or incident to any activity causing or leading to contact of any kind whatsoever with lead-based paint on the demolition sites, whether the Agency has properly warned, or failed to properly warn, any persons injured. Page 12 of 18 P:UgenduUgnda AmchmenbUgende Attechmen0Agc Me AmchmeraAAgmu-Amend 200MM9A 9AON,Inc.-Final Demolition Contract doc The Contractor agrees to cause all removal, transportation and disposal of the lead-based paint removed pursuant to this Contract and the Contract Documents without any cost or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and Cother 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 CONTAIMNG MATERIALS. The Contractor agrees to submit to the Agency, an Abatement Plan, including workdays required and a cost breakdown per the State of California Department of Health Services Regulations and per the South Coast Air Quality Management District prior to the commencement of demolition work on the Project. The Agency assumes no liability for damages for personal injury, illness, disability or death to the Contractors, or employees, agents, or invitees of the Contractor, or to any other person, including members of the general public, arising from or incident to any other activity causing or leading to contact of any kind whatsoever with asbestos on the demolition sites, whether the Agency has properly warned, or failed to properly warn, any persons injured. The Contractor agrees to cause all removal, transportation and disposal of the asbestos and asbestos containing materials removed pursuant to this Contract and the Contract Documents without any cost or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and other charges and assessments as may be charged, levied or assessed as to the removal, transportation and disposal of the asbestos pursuant to this Contract. The Contractor represents and warrants that all such additional fees, taxes and other charges and assessments are included within the Contract price set forth in Section 3 hereof. 36. BUSINESS REGISTRATION CERTIFICATION. The Contractor warrants that it possesses, or shall obtain immediately after the execution and delivery of this Contract, and maintain during the period of time that this Contract is in effect, a business registration certification pursuant to Title 5 of the City Municipal Code,together with any and all other licenses, contractor license,permits, qualifications, insurance and approvals of whatever nature that are legally required to be maintained by the Contractor to conduct its business activities within the City. 37. STATE OF CALIFORNIA PREVAILING WAGE DETERMINATIONS The appropriate prevailing wage determinations may be obtained from the California Department of Industrial Relations Internet Web Site at www.dir.ca.gov/dirdatabases.html. C Page 13 of 18 P Wgendas\Agenda AttechmentaAgencia AttachmemsiAgmMa AttachmentsUgrmb-Amend 300909 &O AON,Im.-Final Demolition Contraccdoc IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on the day and year first herein written. AGENCY: Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Date: By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: Agency o sel CONTRACTOR: AON, Incorporated, a California corporation Date: By. Type or Print Contractor's/Bidder's Business Address(City, State and Zip Code) Contractor's License Contractor License Classification Contractor's License Expiration Date Bond Number Page 14 of 18 P'Ayrndas\Agenda AnachmennVt,.da A,t.hments\Agenda Anachments\Agrmts-AmeM 2009\09-08-09 AON,IM.-Find Demolition Contract&c EXHIBIT "A" California Public Contract Code Sections 20104 through 20104.6 Page 15 of 18 P:\AgendmUieMa AnachmemeUgenda AnachmmuUgenda AnaehmmroU gemu-Amend 201)'A 0-09 AON.Inc.-Final Demolition Comma doc PUBLIC CONTRACT CODE SECTION 20104-20104.6 20104 . (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375, 000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7 . 1 (commencing with Section 10240) of Chapter 1 of Part 2 . (b)' (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. O (d) This article applies only to contracts entered into on or after January 1, 1991 . 20104 .2 . For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50, 000) , the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant . (3) The local agency' s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after © receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. Page 16 of 18 P:\Agendas\Agenda Anachmern\A,enda Anmh..m\Agenda Anachmen.e ,,mu-Amend 2WB04A9 AON.Im.-Final Demolition Comn¢doc (c) (1) For claims of over fifty thousand dollars ($50, 000) and less than or equal to three hundred seventy-five thousand dollars © ($375, 000) , the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant . (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant . (3) The local agency' s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency' s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency' s response or within 15 days of the local agency' s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any © portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3. 6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process . (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3 . 6 of Title 1 of the Government Code. 20104 . 4 . The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties . The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as © mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the Page 17 of 18 P Wgendu\Agenda Madaa..UWgenda AruchmenuUgenda Amhmen"Agrna-AmerM 200 48-0 AON.lac.-Final Demolition Comran doc mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2 . 5 (commencing with Section 1141 . 10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141. 11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016. 010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2 . 5 (commencing with Section 1141 . 10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney' s fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process . 20104 . 6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104 . 4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Page 18 of 18 P'Ngendu\Agenda Auuhments\Agenda Attachments\Agenda Atuchments\Agmu-Amend 2W9b 8A AON,1M -Final Demolition Comma 1, EXHIBIT "B" �.� ADDENDUM TO DEMOLITION CONTRACT (ASBESTOS/LEAD-BASED PAINT ABATEMENT AND DEMOLITION/SITE CLEARANCE PROJECT) This Addendum to Demolition Contract (this "Addendum") is by and between the Redevelopment Agency of the City of San Bernardino (the "Agency") and AON, Inc., a California corporation (the "Contactor"), and is an addendum and modification of the standard provisions contained the Demolition Contract dated as of May 18, 2009 (the "Demolition Contract') to which this Addendum is attached. This Addendum is dated as of August 8, 2009. Section 1. Notwithstanding the standard terms and provisions as contained in the Demolition Contract, the following set forth specific conditions will apply to the Demolition Contract and will be deemed to amend, modify and supersede all other terms and provisions as contained in the Demolition Contract that may be contrary or inconsistent with the specific provisions set forth in this Addendum. Any inconsistencies between the content of this Addendum and the Demolition Contract shall be governed as set forth in this Addendum by the specific items addressed herein. Section 2. The following Sections in whole or certain provisions of the Demolition Contract as enumerated below shall not be a part of this Addendum and shall not be deemed to be a part of the final Demolition Contract: (a) Section 15 (b) Section 18 (c) Section 23, the phrase ", the Division of Labor Standards Enforcement or the Division of Apprenticeship Standards" (d) Section 37 1 IN WITNESS WHEREOF, three (3) identical counterparts of this Addendum to �- the Demolition Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on the day and year first herein written. AGENCY: Redevelopment Agency of the City of San Bernardino (First Party) By: (Authorized Representative) Interim Executive Director (Official Title) AON,Inc., a California corporation By: Title: Y By. Title: 2 E