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HomeMy WebLinkAboutR24- Economic Development Agency ECONOMIICYDEOF SAN VELOPPMENITOAGENCY ORIGINAL FROM: Emil A.Marzullo SUBJECT: Bogh Engineering, Inc. - Construction Contract Interim Executive Director for construction of the Eastside Skate Park and handicapped access improvements at Speicher Park, 1535 Arden Avenue, San Bernardino, DATE: February 17,2010 California(IVDA Redevelopment Project Area) ----------------------------------------------------------- -------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): At the Adjourned Redevelopment Committee meeting on December 3, 2009, Redevelopment Committee Members Johnson, Brinker and alternate Shorett unanimously voted to recommend that the Mayor and Common Council and the Community Development Commission consider this action for approval. -- ------------------------------------------------------------------ ------------ --------- Recommended Si mended (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Redevelopment Agency of the City of San Bernardino ("Agency") to be the lead Agency for the design and construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area) (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 Construction Contract by and between the Agency and Bogh Engineering, Inc., for construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino(IVDA Redevelopment Project Area) Contact Person(s): Brian Turnbull,Project Manager Phone: (909)663-1044 Project Area(s): IVDA Redevelopment Project Area Ward(s): 7th Supporting Data Attached: 0 Staff Report 0 Resolution(s)0 Agreement(s)/Contract(s)❑Map(s)0 Letter(s)0 Minutes(s) HUD CDBG-R Funds, Operation Phoenix FUNDING REQUIREMENTS: Amount: $ 756,000 Source: Foundation Funds and EDA Funds Budget Authority: EDA FY 2009-2010 Budget Signature: Fiscal Review: '� ` Emil A. Marzullo,Interim Executive Director uss D esus,In ministrative Services Director -------------------------------------- - - - -- --- — Commission/Council Notes: y'S o'LO/D^ �� //aGAO/D - 7 2�vitus�y io jCA 4 Z -2-11& ca P�WSendes\Comm De Commission\CDC 3010\01-01-10 Bogh Engineering Im Co mdion Contma SR-Contdm COMMISSION MEETING AGENDA Meeting Date: 03/01/2010 Agenda Item Number: -&2—q NPW S+&W P"rf ECONOMIC DEVELOPMENT AGENCY STAFF REPORT BOGH ENGINEERING,INC. - CONSTRUCTION CONTRACT FOR CONSTRUCTION OF THE EASTSIDE SKATE PARK AND HANDICAPPED ACCESS IMPROVEMENTS AT SPEICHER PARK, 1535 ARDEN AVENUE,SAN BERNARDINO,CALIFORNIA (IVDA REDEVELOPMENT PROJECT AREA) BACKGROUND: Speicher Park, located at 1535 Arden Avenue, San Bernardino, California, has, for the past several years, been home to the Operation Phoenix East Community Center. However, on April 1, 2009, the facility and its programs, along with other recreation facilities and programs, as part of budget cuts approved by the Mayor and Common Council of the City of San Bernardino ("Council') in February, 2009, were closed. A second City skate park, the first located at Blair Park in northwest San Bernardino, was suggested for this area where many youth in the surrounding neighborhoods are considered at risk and in need of after school activities. However, funding to construct the Skate Park was not available. On February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009 ("ARRA") which provided stimulus funding to a variety of programs for shovel-ready projects. Under the ARRA, Community Development Block Grant—Recovery Funds (CDBG-R) were provided to the City of San Bernardino. The availability of these funds allowed for the design and construction, in part, of the Skate Park. The Eastside Skate Park at Speicher Park will include a basketball court and a community garden. CURRENT ISSUE: On June 1, 2009, the Council approved the allocation of $500,000 in CDBG-R Funds and the administration of these funds by the Economic Development Agency ("EDA") pursuant to Mayor and Common Council Resolution No. 2009-141 for the construction of the Skate Park and handicapped access improvements at Speicher Park. The CDBG-R Funds were provided to the City under the ARRA. Federal regulations require that the funds be spent on shovel-ready projects as quickly as possible. Additional funding in the amount of $125,000 was provided by the San Manuel Band of Mission Indians as an Operation Phoenix Foundation Grant, and $131,000 in EDA funds for the total project funding amount of $756,000. On February 11, 2010, Item No. 4 of the Operation Phoenix Foundation Board meeting authorized the grant of$125,000 to the EDA for construction of the Eastside Skate Park (See Minutes as attached). It is intended that the EDA funding will be reimbursed by the County of San Bernardino through Neighborhood Initiative Program ("NIP") funds. Based on prior actions of the Council and the County, $195,000 of County NIP funds were made available for law enforcement activities related to Operation Phoenix. To the extent that remaining funds are available, such amounts will be used to reimburse the EDA for an amount not to exceed the anticipated $131,000 figure. As of this time, it is not known how much of the $131,000 will in fact be reimbursed to the EDA, and based upon recent conversations with County staff,upwards of$98,000 of this amount should be available for this reimbursement. No conditions have been placed on the use those funds that are being made available by the EDA to fund this proposed construction contract for the Skate Park project. All project funds have been placed in the Eastside Skate Park project fund at the EDA. The difference between the total funding amount of $756,000 and the $700,431 Bogh contract payment of$55,569 would be used to pay for construction management services to a construction management services contractor already under contract with EDA to provide such services on several EDA construction projects. P.WVpdmlComm Rv CommissiOMCW 2010W3A1-10 Bogh Enginwing h Congmdim Comma SR-Canh.d. COMMISSION MEETING AGENDA Meeting Date: 03/0112010 Agenda Item Number: iq Economic Development Agency Staff Report Bogh Engineering, Inc. — Construction Contract Page 2 Bids were solicited for construction of the skate park on September 14, 2009, and a bid opening was held on October 1, 2009. Seven (7) bids were received with the lowest responsive bid of$1,091,291 submitted by Bogh Engineering, Inc. ("Contractor"). The project was bid as a series of bid alternates due to the limited funding. Through the removal of bid alternates for new restrooms and a shade structure, a final project low bid of $700,431 was established. After considering the removal of the bid alternates, it is recommended that a contract in the amount of$700,431 be awarded to the Contractor. The Contractor will be required to comply with Federal Davis-Bacon Prevailing Wage requirements because of the HUD CDBG-R funding source. CONTRACTORS ADDRESS BID AMOUNT* 1. Bogh En ineerin , Inc. 401 West 4 th Street, Beaumont, CA 92223 $700,431 2. Cooley Construction 17525 Eucalyptus, Suite"G",Hesperia, CA 92345 $815,868 3. 4-Con Engineering 2751 Avalon Street,Riverside, CA 92509 $890,368 4. NBI Construction 1770 Howard Place, Redlands, CA 92373 $916,841 5. Legacy Construction 13263 Yorba Avenue, Chino, CA 91710 $946,210 6. Abeam Construction 267 East Badillo Street, Covina, CA 91723 $1,000,860 7. Bergman Companies 4300 Edison, Chino, CA 91710 $1,065,950 *All bid amounts adjusted to reflect removal of bid alternates. ENVIRONMENTAL IMPACT: This project is categorically exempt under CEQA pursuant to Section 15301. FISCAL IMPACT: $500,000 from HUD CDBG-R Funds, $125,000 from the San Manuel Band of Mission Indians, Operation Phoenix Foundation Grant and $131,000 in EDA funds (to be reimbursed with County NIP funds). DISCLOSURE: Pursuant to Government Code Section 1091.5(a)(8), Mayor Patrick J. Morris and Mayor's Assistant, Kent Paxton are members of the Board of Directors of the Operation Phoenix Foundation, a 501(c)(3)non-profit corporation. RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. Emil A.Marzullo,Interim Executive Director ----------------------- ----------------------------------------------------------------------- P.Ugendes\Comm Dev COmmissionTDC•2010W 3-01-IOBogh Engimenglw Conmmion Contra SR-Con%.dw COMMISSION MEETING AGENDA Meeting Date: 03/01/2010 Agenda Item Number: AM OPERATION PHOENIX FOUNDATION BOARD MEETING Minutes July 9, 2009 Board Members Present: Glenn Baude Elaine Zucco Jerilyn Jordan Kent Paxton Pat Morris Bronica Martindale Board Members Absent: Tom Brickley Robert Barksdale Dan Carlone Frank Schnetz Carlos Teran 1. Meeting called to order by Glenn Baude, Board President, at 11:55 AM at Marie Calendar's Restaurant in San Bernardino. 2. Minutes of the April and May 2009 Minutes were approved; one correction, Bronica Martindale indicated that OPF paid for half of the signage for the OP West Community Garden, Public Health funded the other half. 3. Healthy Communities work plan: Peggi Hazelett will be invited to August meeting to talk about the Healthy Communities Plan for San Bernardino. 4. Skate Park Update: The OPF will be receiving a check from the San Manuel Band of Mission Indians for $100,000 for the construction of the new Skate Park at Operation Phoenix-East, Speicher Park. There was a successful ground breaking ceremony and skate demonstration on July 4`". 5. Rock U Entertainment: Glenn Baude will work with Rock U to provide to concert venues in the City of San Bernardino in August, and another in November. The OPF will be the recipient of some of the proceeds. 6. Treasurer's Report: Elaine Zucco presented the Treasurer's Report, the audit is underway with Wolf CPA's. The OPF has $70,096.61 in checking/savings. 7. Other: Kent Paxton mentioned that he has been approached with outside solicitations for OPF to enter into business ventures. There was consensus by the Board that it is not the roll of OPF to enter into business ventures, but to fund raise and accept donations for youth related projects in the City. 8. Next Meeting: August 13,2009 OPERATION PHOENIX FOUNDATION BOARD MEETING Minutes February 11, 2010 Board Members Present: Kent Paxton Pat Morris Glenn Baude Elaine Zucco Bronica Martindale Michael Martinez 1. Meeting called to order by Glenn Baude, Chairman, at 11:50 AM at Marie Calendar's Restaurant in San Bernardino. 2. Approval of the January 2010 Minutes: Approved on a motion by Morris/2"d by Martindale 3. Action Item: Approval of Michael Martinez as new member of OPF Board: Approved on a motion by Zucco/2"d by Martindale 4. Action Item: Approval of$125,000 from the OPF to the Redevelopment Agency of the City of San Bernardino for use by the Agency for improvements to the Eastside Skate Park; Approved on a motion by Zucco/2nd by Martinez 5. Treasurer's Report: The annual audit will be presented at the next meeting. 6. Verizon Grant: Glenn Baude will contact ASA Learning Center about the learning materials funded through the Verizon grant. 7. Election of New Officers: Approval of the following slate of new officers on a motion by Morris/2"d by Martinez: • Chairman: Frank Schnetz • Vice-Chairman: Bronica Martindale • Secretary: Kent Paxton • Treasurer: Elaine Zucco 8. Next Meeting: March 11, 2010 ed Kent Paxton Secretary Sari Manuel Band bf 11(ission Indians , January 6, 2009- Operation Phoenix Foundation c/o: Mayor Patrick Morris 300 North "D'' Street San Bernardino, CA 92418 Re: Donation Dear Mayor Morris, The San Manuel Band of Mission Indians is pleased to inform you that a contribution in the amount of$25,000 has been awarded to the Operation Phoenix Foundation. It is our hope that these funds will assist you as you;endeavor to provide needed services and assistance to our communities during these challenging times. Difficult times like these are a call to everyone in the community to pool our resources so that we can meet the heeds. Stories like yours, about Operation Phoenix, are a testament to the:spint of giving and goodwill that strengthen communities. "Caning for our Community" is more than a slogan for the,San Manuel Band of Mission Indians; it is a way of life. Social responsibility has always been a hallmark of the Tribe and it pleases us to see that others share these principles. We look forward to hearing from you to.learn more about your progress in service to`the community. We wish you continued success with your endeavors. Si. James Ramos Chairman San Manuel Band of Mission Indians ad Enclosure: Donation ''6569 Community Center Drive • Highland, CA,92346 • Office: (909) 864-8939 e .FAX: (909) 864-3370 P.O. Box 266 v Patton, CA 92369 Sari Ma tuef Band of -I1fission Indians June 18; 2009 Operation Phoenix c/o: Peggi Hazlett 300 North "D" Street San Bernardino, CA 92418 Re: Donation Dear Ms. Hazlett, Thank you for sharing your story about Operation Phoenix and the proposed skate park at Speicher Park. We enjoy hearing that organizations such as yours share our commitment to assisting and contributing to the community. Caring for our community is more than a slogan to the San Manuel Band'of Mission Indians - it is a belief. Social responsibility has always been a hallmark of the Tribe and it pleases us to see others with this belief as well. The San Manuel Band of Mission Indians is pleased to inform you that a contribution in the amount of$1.00,000 has been approved to support the Speicher Skate Park. This donation is intended to assist your organization in providing scholarship funds to Native American graduate students pursuing their educational goals. San Manuel Band of Mission Indians believes in caring for the communities it serves. It pleases the Tribe to have selected your organization for this contribution. We look forward to hearing from you. Thank you once again and we wish you continued success with your endeavors. Sincerely, ` Audrey Martinez . Business Committ Treasurer Enclosure: Donation 26569 Community Center Drive • HO(and, CA 92346, Office: {909) 864-8933 e FAX: (909) 864-3376 P.O. Box266 . Patton. C2 92399 JP.IV IwHINUE:L BAND OF MISSION INDIANS , "GENERALACCOUNT" DATE INVOICE NO COMMENT AMOUNT DISCOUNT NET AMOUN7 06/04/2009 BC060409 ASSIST WITH THE GROUND B OF A NEW 100,000.00 0.00 100,000.00 SKATEBOARDING PARK FOR INVOLVED WITH THE FO I0 1S.- R RESIDENCE OF SAN B NO E - 1 / 'CHECK: $2730 06/10/2009 OPERATION PHOENIX CHECK TOTAL 100 000 00 I $8x0 n�Be6r1 9Id100. CAAJ2x3La' i+ s 2 BUEfN N*89 `9 E AI1d� OF lIS 1 NIN NS �e r fis NIT a OHL23 IV °""'x'"' 3414/1222 I sos Rea _ 82730 DATE AMOUNT C ¢ { as .asst y E O H IN WA 06/10/2009 `**100,000.00 Ld1ER S I 92 . 00 . . ;. F plt9 3 F R x a . s,s x ui _ y., >t 110082730r 1: 1222341491: 23912079911' AN MANUEL BAND OF MISSION INDIANS "GENERAL ACCOUNT" - — DATE -INVOICE NO COMMENT AMOUNT DISCOUNT NET AMOUNT /09/2009 BC060409 ASSIST WITH THE GROUND B 37-- A NEW 100,000.00 0.00 100,000.00 SKATEBOARDING PARK FOR HB ... INVOLVED WITH THE FO D1 _'2'ION" ��} F � RESIDENCE OF SAN BE Qr 82730 06/1012009 oFtgAUW&PURWJX CHECK TOTAL: 100,000.00 M hr Operation Phoenix Foundation Tax ID# 20-5261677 201-B North "E" Street, Suite 201 San Bernardino, CA 92401-0001 Phone (909) 384-5920 Fax (909) 384-5247 d'pa�+DS'rZ�$ July 13, 2009 Audrey Martinez Business Committee Treasurer San Manuel Band of Mission Indians 26569 Community Center Drive Highland, CA 92346 Dear Ms. Martinez, On behalf of the Operation Phoenix Foundation, the City of San Bernardino, and the children and youth in our City, many, many thanks, for your contribution of$100,000 in support of the development of the Eastside Skate Park at Speicher Park. The Skate Park located in the center of the Eastern Operation Phoenix target area will serve as a positive recreational alternative for youth in the City of San Bernardino for years to come. Once again, the San Manuel Band of Mission Indians has demonstrated their generous commitment to the community it serves. We look forward to having you join us for the Skate Park ribbon cutting ceremony this coming October; and, to our continued partnership to improve the lives of residents in the City of San Bernardino. Sincerely, Kent Paxton Secretary Operation Phoenix Foundation 1 RESOLUTION NO. C O F1 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CiT`'i' OF SAN BERNARDINO APPROVING AND AUTHORIZING TUL 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 5 ("AGENCY") TO BE THE LEAD AGENCY FOR THE DESIGN AND CONSTRUCTION OF THE EASTSIDE SKATE PARK AT SPEICHER PARK 6 LOCATED AT 1535 ARDEN AVENUE, SAN BERNARDINO (IVDA REDEVELOPMENT PROJECT AREA) 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 9 community redevelopment agency duly created, established and authorized to transact business and 10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 11 "CRL"),codified under Division 24, Part 1 of the California Health and Safety Code commencing at 12 Section 33000 and is authorized to construct improvements located within the approved 13 redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL; 14 and 15 WHEREAS, the Community Development Commission of the City of San Bernardino (the 16 "Commission"), as the governing board of the Agency, seeks to enter into a Construction Contract 17 with Bogh Engineering, Inc., to construct the Eastside Skate Park at Speicher Park located at 1535 18 Arden Avenue, San Bernardino, in the Inland Valley Development Agency Redevelopment Project 19 Area("IVDA"); and 20 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that 21 cannot be remedied by private parties acting alone without community redevelopment assistance; 22 and 23 WHEREAS, on February 17, 2009, Congress passed the American Recovery and 24 Reinvestment Act of 2009 ("ARRA") which provided Community Development Block Grant- 25 Recovery Funds ("CDBG-R") to the City of San Bernardino; and 26 WHEREAS, on June 1, 2009, the Mayor and Common Council of the City of San 27 Bernardino ("Council") approved the allocation of$500,000 in CDBG-R Funds for the construction 28 of the Eastside Skate Park at Speicher Park; and 1 P UgendasUtewWrionsVtemlutiona�010W3-01-10 0ogh Engin«ring Inc Connrvdion Conran MCC Rew.Conr doc 1 WHEREAS, the Operation Phoenix Foundation has made a transfer to the Agency of 2 $125,000 for the purpose of construction of the Eastside Skate Park; and 3 WHEREAS, an additional amount, not to exceed $131,000 in Agency Funds will be 4 reimbursed from County of San Bernardino,Neighborhood Initiative Program ("NIP") funds; and 5 WHEREAS, on February 11, 2010, Item No. 4 of the Operation Phoenix Foundation Board 6 meeting authorized a grant of$125,000 to the Agency for construction of the Eastside Skate Park; and 7 WHEREAS, the scope of work will include construction of a skate park, parking lot, 8 basketball court, community garden and compliance with the Americans with Disabilities Act 9 ("ADA") for all on-site park improvements; and 10 WHEREAS, bids to construct the Eastside Skate Park were solicited on September 14, 2009, 11 and seven (7) bids were received on October 1, 2009, with Bogh Engineering, Inc. ("Contractor"), 12 as the lowest responsible bidder in the amount of $700,431 after the removal of several bid 13 alternates. 14 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 15 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, 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. By action taken at its meeting of July 9 2009, the Operation Phoenix 20 Foundation acknowledged the future receipt of a gift from the San Manuel Band of Mission Indians, 21 earmarked for the construction of a new skate park at the Operation Phoenix east site at Speicher 22 Park in the amount of$100,000. An additional $25,000 of Foundation funds was allocated by the 23 Operation Phoenix Foundation for this project. The Foundation has placed these funds ($125,000) 24 in a construction account with the Agency to be used for this project. And, such gift having been 25 presented to the City, pursuant to San Bernardino Municipal Charter Section 1, and California 26 Government Code Section 37354, the Council hereby approves the acceptance of the gift by the 27 City and authorizes the placement of the full amount of the gift receipts pus the additional $25,000 28 in the appropriate fund of the Agency for exclusive use in the construction of the Eastside Skate 2 P 1^^C.mmaio^Cm=MCC ke -Can%.do 1 Park at Speicher Park. 2 Section 3. The Council of the City of San Bernardino hereby approves and authorizes 3 the Agency to be the lead agency for the design and construction of the Eastside Skate Park at 4 Speicher Park, and the Council further authorizes the Agency through the Commission to approve 5 and enter into a public works construction contract for the construction of the improvements to be 6 located upon the Eastside Skate Park at Speicher Park. It is recognized that the Speicher Park is 7 owned by the City of San Bernardino and the Agency is hereby authorized to enter upon and cause 8 the improvements to the Eastside Skate Park to be constructed by the Contractor. 9 Section 4. This Resolution shall take effect upon its adoption and execution in the 10 manner as required by the City Charter. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 PUgende\Pt lutionsV olutionst 01003-01-I0 Bogh Enginccring Inc Construction Contrw MCC Rn -Con'tdoc 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 ("AGENCY") TO BE THE LEAD AGENCY FOR THE DESIGN AND CONSTRUCTION OF THE EASTSIDE SKATE PARK AT SPEICHER PARK 4 LOCATED AT 1535 ARDEN AVENUE, SAN BERNARDINO (IVDA REDEVELOPMENT PROJECT AREA) 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting 7 thereof, held on the day of 2010, by the following vote to wit: 8 Council Members: Ayes Nays Abstain Absent 9 MARQUEZ — 10 DESJARDINS it BRINKER — 12 SHORETT — 13 KELLEY — 14 JOHNSON — 15 MC CAMMACK — 16 17 18 Rachel G. Clark, City Clerk 19 The foregoing Resolution is hereby approved this day of 2010. 20 21 22 Patrick J. Moms, Mayor 23 City of San Bernardino 24 Approved as to Form: 25 I 26 By. Cl v�Ci James . Penman, City Attorney 27 28 4 P.VSgen sVesolutioreVtesolutions@ 01=3.01.I0 Bogh Enginmring W Conswnion Convaa MCC Bqo-C.Mdou 1 RESOLUTION NO. 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 EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE 5 AGENCY AND BOGH ENGINEERING, INC., FOR CONSTRUCTION OF 6 THE EASTSIDE SKATE PARK AT SPEICHER PARK LOCATED AT 1535 ARDEN AVENUE, SAN BERNARDINO (IVDA REDEVELOPMENT 7 PROJECT AREA) 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 9 community redevelopment agency duly created, established and authorized to transact business and 10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing at 12 Section 33000 and is authorized to construct improvements located within the approved 13 redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL; 14 and 15 WHEREAS, the Community Development Commission of the City of San Bernardino (the 16 "Commission"), as the governing board of the Agency, seeks to enter into a Construction Contract 17 with Bogh Engineering, Inc., to construct the Eastside Skate Park at Speicher Park located at 1535 18 Arden Avenue, San Bernardino, in the Inland Valley Development Agency Redevelopment Project 19 Area ("IVDA"); and 20 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that 21 cannot be remedied by private parties acting alone without community redevelopment assistance; 22 and 23 WHEREAS, on February 17, 2009, Congress passed the American Recovery and 24 Reinvestment Act of 2009 ("ARRA") which provided Community Development Block Grant- 25 Recovery Funds ("CDBG-R") to the City of San Bernardino; and 26 WHEREAS, on June 1, 2009, the Mayor and Common Council of the ity of San 27 Bernardino ("Council') approved the allocation of$500,000 in CDBG-R Funds for the c nstruction 28 of the Eastside Skate Park at Speicher Park; and 1 P] mendasUewlutions VlCwlut'"SUOIM0 3.01-10 Bogh Engin ing Inc Consbuction Commas CDC Rew-C.Wl doc 77 -_ I WHEREAS, and additional $125,000 has been provided by the San Manuel Band of Mission 2 Indians as an Operation Phoenix Foundation Grant, and $131,000 in Agency Funds to be 3 reimbursed from County of San Bernardino, Neighborhood Initiative Program ("NIP") funds, for 4 the total project funding amount together with the CDBG-R Funds and equal to $756,000; and 5 WHEREAS, on February 11, 2010, Item No. 4 of the Operation Phoenix Foundation Board 6 meeting authorized a transfer of$125,000 to the Agency for construction of the Eastside Skate Park;and 7 WHEREAS, the scope of work will include construction of a skate park, parking lot, 8 basketball court, community garden and compliance with the Americans with Disabilities Act 9 ("ADA") for all on-site park improvements; and 10 WHEREAS, bids to construct the Eastside Skate Park were solicited on September 14, 2009, 11 and seven (7) bids were received on October 1, 2009, with Bogh Engineering, Inc. ("Contractor"), 12 as the lowest responsible bidder in the amount of $700,431 after the removal of several bid 13 alternates. 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. Subject to approval of the funding by the Mayor and Common Council and 20 the receipt of funds by the Agency, the Community Development Commission of the City of San 21 Bernardino ("Commission") hereby awards the publicly bid contract to the Contractor as the lowest 22 responsible bidder and approves the Construction Contract between the Agency and the Contractor 23 attached hereto, incorporated herein by reference, and waives any irregularities in the bid as 24 submitted by the Contractor as permitted by the bid documents. Such Construction Contract with 25 the Contractor shall not be executed by the Agency until such time as all funds required to fulfill the 26 Agency's obligations under such Construction Contract are on deposit with the Agency 27 Section 3. The Interim Executive Director of the Agency is hereby authorized to execute 28 the Construction Contract on behalf of the Agency in substantially the form attached hereto as 2 o.e....s.ao_.a...:.....m..,a..:....ammni m_rn n....w e...:.,:....r., r,...........,..,....» I Exhibit "A", together with such changes therein as may be approved by the Interim Executive 2 Director of the Agency and Agency Counsel. The Interim Executive Director of the Agency or such 3 other designated representative of the Agency is further authorized to do any and all things and take 4 any and all actions as may be deemed necessary or advisable to effectuate the purposes of the 5 Construction Contract, including making non-substantive modifications to the Construction 6 Contract. 7 Section 4. This Resolution shall take effect from and after its date of adoption by this 8 Commission. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 one.....e.nv..,a.a,..,ay...un;�a?n mun.n i.to Man Meinminv Ix Construction Can.CDC M.-Cont.doc I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE 4 AGENCY AND BOGH ENGINEERING, INC., FOR CONSTRUCTION OF THE EASTSIDE SKATE PARK AT SPEICHER PARK LOCATED AT 1535 5 ARDEN AVENUE, SAN BERNARDINO (IVDA REDEVELOPMENT PROJECT AREA) 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 the day of 2010,by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ — 12 DESJARDINS — 13 BRINKER — 14 SHORETT — 15 KELLEY — 16 JOHNSON — 17 MC CAMMACK — 18 19 Secretary 20 21 The foregoing Resolution is hereby approved this day of 2010. 22 23 Patrick J. Morris, Chairperson 24 Community Development Commission 25 of the City of San Bernardino 26 Approved as to Form: 27 By: 28 ­Agency-C nsel 4 r:wsendasnaomuonsxewwiions¢omo:-oi ooen Englneedog Inc Construction cower CDC aeso-CM4.6m 1 Exhibit"A" Form of Construction Contract 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 P'WpndesacwlutlonsVewlutions @OIOW}_01-10 Bogh Engime ing lw Cooamdion Comm CDC Kew-Cont.dm CONTRACT DOCUMENTS �r REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N. ARDEN AVENUE - SAN BERNARDINO, CALIFORNIA • Project Contract • Form of Performance Bond • Form of Labor and Material Bond • Certificate of Insurance Coverage • Copies of State of California Contractor's Licenses, City of San Bernardino Business License, Worker's Compensation Insurance, Liability Insurance • Sample Change Order Form 1 PUBLIC WORKS CONSTRUCTION CONTRACT REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N.ARDEN AVENUE - SAN BERNARINO, CA 92404 THIS PUBLIC WORKS CONSTRUCTION CONTRACT for the construction of The East Side Skate Park of San Bernardino project (the "Contract"), is made and entered into this 1" day of March 2010, by and between the Redevelopment Agency of the City of San Bernardino (referred to herein as the"Owner"or the"Agency") and Bogh Engineering . (the "Contractor"). IN WITNESS HEREOF, THE UNDERSIGNED PARTIES HAVE MUTUALLY COVENTED AND AGREE TO THE FOLLOWING: 1. THE CONTRACT DOCUMENTS. The complete contract is comprised of and includes: 1) the Notice of Inviting Bids; 2)the Instructions to Bidders; 3) this Contract; 4) Contractor's/Bidder's Bid, 5) Contractor's/Bidder's Statement of Experience; 6) Contractor's/Bidder's Certification Concerning No Suspension and Debarment Requirements for Public Works Contracts Under the Public, Contracts Code and for all Contracts over $25,000 (49 CFR 29); 7) Contractor's/Bidder's Certification Concerning Clean Air and Water Pollution Control; 8) Contractor's/Bidder's Certification Concerning Designation of Subcontractors; 9) Non-Collusion Affidavit; 10) Contractor's/Bidder's Certification Relating to Campaign Contributions; 11) Contractor's/Bidder's Certification Concerning Worker's Compensation Insurance; 12) Certification of Insurance Coverage; 13) Contractor's/Bidder's Certification Concerning Disadvantaged Business Enterprises (DBE) Information-Good Faith Efforts; 14) Contractor's/Bidder's Certification Concerning Buy American; 15) Contractor's/Bidder's Certification Concerning Trade Restrictions; 16) Contractor's/Bidder's Certification Concerning Labors Standards and Prevailing Wage Requirements; 17) Contractor's/Bidder's Certification Concerning Equal Employment Opportunity; 18) Contractor's/Bidder's Certification Concerning "Section 3" Clause; 19) Contractor's/Bidder's and Vendors Certification Concerning Affirmative Action Policy; 20) Contractor's/Bidder's Certification Concerning Nonsegregated Facilities; 21) Subcontractor's Certification Concerning Labors Standards and Prevailing Wage Requirements; 22) Subcontractor's Certification Concerning Equal Employment Opportunity; 23) Copies of State of California Contractor's Licenses, City of San Bernardino Business License, Worker's Compensation Insurance, Comprehensive General Liability Insurance per Contract; 24) Form of Performance Bond; 25) the complete Project Construction Plans and Specifications and Provisions; 26) General Conditions (including without limitation, Part 1, Sections 1-9 of "Standard Specifications for public Works Construction, 2000 editorial (the "Greenbook") as supplemented by the 2002 "Cumulative Supplement to Greenbook"); 27) any Addenda issued under the Instructions to Bidders; 28) Any Regulations, Ordinances, Codes, and Laws incorporated therein or herein by reference or otherwise applicable to the Project; 29)Any Agency approved Change Order(s) submitted during construction. All of the above documents are intended to cooperate as one (1) contract so that any work called for in one (1) and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract are hereinafter referred to collectively as the"Contract Documents". �..r 2. THE WORK. Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and materials (except that specifically mentioned as being fiunished 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 Project Construction Plans, Detail Specifications, and other 2 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 1535 N. ARDEN AVENUE-SAN BERNARDINO,CA 92404 00-52.13 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 for the East Side Skate Park in San Bernardino, CA ' (the "Project"). The amount of this Contract for the Project is Seven Hundred Thousand Four Hundred Thirty One Dollars($700,431). 4. CONTRACT AMENDMENTS. The Executive Director of the Agency is authorized to sign on his or her own authority amendments to this Contract which are of routine or technical nature, including minor adjustments to the Schedule of Performance unless otherwise specified in this Contract. All other amendments require the mutual agreement of both the Agency and the Contractor. 5. INCORPORATION BY REFERENCE OF PART 1, SECTIONS 1-9 OF THE GREENBOOK, 2000 EDITION, AS SUPPLEMENTED. The Greenbook, as supplemented by the publication entitled, "2002 Cumulative Supplement to Greenbook", is hereby incorporated by this reference into this Contract. The word"Project" means and refers to the"Project", as this term is defined in the Instruction 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. Not later than the 20th day of each calendar month, the Contractor shall make a partial payment request to the Agency on the basis of an estimate approved by the Construction Manager, Architect and Agency of the work performed since the last partial payment request during the preceding month by the Contractor with (10%) ten percent of the amount of each such estimate retained by the Agency, until completion of the Project and the recordation of a Notice of Completion of all work covered by this Contract. The Agency shall make any partial payments provided for in this contract to the Contractor within thirty (30) calendar days of the Agency's receipt of an undisputed and properly executed partial payment request from the Contractor. The Agency shall pay the Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to the Contractor within thirty (30) calendar days of the Agency's receipt of an undisputed and properly executed partial payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section 685.010. Upon receipt of a partial payment request from the Contractor,the Agency shall review the partial payment request for the purpose of determining whether or not the partial payment request is a proper partial payment request. Any partial payment request determined by the Agency not to be a proper partial payment request suitable for payment shall be returned to the Contractor by the Agency within ten 3 (10) working days of the Agency's receipt of such partial payment request. A partial payment request returned to the Contractor by the Agency under the provisions of this section shall be accompanied by a written document setting forth the reason(s) why the partial payment request is not proper. The number of days for the Agency to make a certain partial payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced by the number of days by which the Agency exceeds the ten (10)working days return period for such partial payment request, if determined to be improper, as set forth in this section. For the purposes of this section, a "partial payment" means all payments due to the Contractor under this contract, exclusive of that portion of the final payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall be considered properly executed by the Agency, if funds are available to pay the partial payment request and payment is not delayed due to an audit inquiry by the Agency's financial officer. The Agency will release Contractor's retention earnings within forty-five (45) days after recordation of Notice of Completion, as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the Agency shall constitute the Agency's acceptance of the Project work. 7. STOP NOTICE. 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 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, Contractor shall forthwith either pay and discharge the liens and/or claims of lien and cause same to be released of record, or Contractor shall furnish the Agency with proper indemnity, either by satisfactory corporate Surety Bond or satisfactory title policy. Said indemnity shall also be subject to approval of Lien Holder. 8. TIME FOR COMPLETION. All work under this Contract shall be completed by a date no later than July 13, 2010, or within a period of One Hundred (100) calendar days from the date of the Contractor's receipt of Notice to Proceed from the Agency which date may first occur; provided however that Contractor shall have received its Notice to Proceed by a date no later than March 5, 2010 9. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or its employees or those under it by Contract or otherwise, or by changes ordered in the work, or by strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the Agency, or by any justifiable cause which the Architect and Agency shall authorize, then the Contractor shall make out a written claim addressed to the Agency setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Architect and Agency for approval. The Architect and Agency will evaluate the claim and if the claim is justifiable, will request the Agency's approval. No such extension will be allowed unless written claim therefore has been made within three (3) working 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 a liquidated damages amount of Five Hundred Dollars ($500)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 4 compensation for any additional work unless such Project Change Order is written and entered into by the Contractor and the Agency. The Project Change Order shall describe the nature of the additional work in detail, the location of the work, the 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 there from. In the event any liens and/or claims of lien are filed for record against the real property, or the Agency receives notices of any unpaid bill or charge in connection with the performance of this Contract, the Contractor shall forthwith either pay and discharge the liens and/or claims of lien and cause same to be released of record, or the Contractor shall furnish the Agency with proper indemnity, either by satisfactory corporate surety bond or satisfactory title policy. Said indemnity shall also be subject to approval of the lien holder. 13. INDEMNIFICATIONS AND HOLD HARMLESS. The Contractor shall defend, indemnify, protect and hold free and harmless the Agency, its officers, employees, and agents from and against liability actions, suits,proceedings, claims, demands, losses, costs, injuries to or death of any person or persons and expenses, including attorney's including attorney's fees, for injury or damage of any type claimed which is brought by any individual or entity, whether public or private, as a result of the acts, errors or omissions of the Contractor, its officers, employees, agents, and its Subcontractors arising pfrom 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 following insurance requirements shall be applicable to this Contract. These requirements supersede the insurance requirements set forth in any other reference, and to the extent of any conflict, the specified requirements herein shall prevail. If you have any questions about the type of coverage required, you may e-mail your questions to: Chris W. Evans, Project Manager PACIFIC HERITAGE INC. chris(a.nacificheritageinc.com Insurance Requirement Summary: The Contractor and all subcontractors shall purchase and maintain insurance through the life of the contract in the amounts equal to the requirements set forth in (A) through (D) below, and shall not commence work under this Contract until all insurance required under this heading is obtained and evidenced in a form acceptable to the Agency, nor shall the Contractor allow any subcontractor to commence construction pursuant to a subcontract until all insurance required of the contractors has been obtained. A. Worker's Compensation Insurance: The Contractor and all subcontractors shall provide evidence of workers' compensation insurance with statutory minimum amounts of coverage, as 5 required by the Labor Code of the State of California, and including employer's liability insurance with a minimum limit of $1,000,000.00. Such workers' compensation insurance shall be endorsed to provide for a waiver of subrogation against the Agency. B. General Liability: The Contractor and all subcontractors shall maintain during the life of this Contract, a standard form of Commercial General Liability insurance providing the following minimum limits of liability: Combined single limit of $5,000,000.00 per occurrence for bodily injury, including death, personal injury,and property damage, with$5,000,000.00 aggregate; or $2,000,000.00 per location aggregate, as evidenced by endorsement. The insurance shall include coverage for each of the following: Products and Completed Operations Coverage Owners and Suppliers Protection Broad form Property Damage Blanket Contractual Liability Severability of Interest or Cross-Liability Underground Explosion and Collapse Coverage Personal Injury—With the"Employee"Exclusion Deleted C. AutomotiveNehicle Liability Insurance: The Contractor and all subcontractors shall maintain Q a policy of automotive/vehicle liability insurance on a commercial auto liability form covering owned,non-owned and hired automobiles providing the following minimum limits of liability: Combined single limit of liability of$5,000,000.00 per accident for Bodily Injury, Death and Property Damage. The insurance shall include coverage for contractual liability and pollution liability caused by vehicle upset, overturn and collision. D. Excess Liability: The Contractor and all subcontractors may provide a policy providing excess coverage in a face amount necessary, when combined with the primary insurance, to equal the minimum requirements for General Liability and Automobile Liability. The insurance shall include: "Pay on behalf of wording; blanket contractual liability; concurrency of effective dates with primary; and drop down feature. The insurance provided for in paragraphs (A), (B), (C) and (D) above are subject to the following conditions: 1. The insurance shall be issued and underwritten by insurance companies acceptable to the Agency, and shall be licensed by the State of California to do business on the lines of insurance specified insurance specified. 6 2. The Contractor may satisfy the limit requirements in a single policy or multiple policies. Any rte^ such additional policies written as excess insurance shall not provide any less coverage than that provided by the first or primary policy. 3. Any costs associated with a self-insured program, deductibles, or premium rating programs that determine premium based on loss experience shall be for the account of the Contractor and subsequent subcontractors, and the Agency shall not be required to participate in any such loss. If any such programs exist, Contractor and subsequent subcontractors agree to protect and defend the Agency in the same manner as if such cost provisions were not applicable. 4. The Contractor shall be responsible to establish insurance requirements for any subcontractor/suppliers hired by the Contractor. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the subcontractor's operations and work. 5. Contractor shall have presented at the time of execution of the Contract, the original policies of insurance or have presented a certificate of insurance in the form as attached hereto evidencing such coverage as in force, and which complies with the terms and conditions outlined herein. 6. If an insurance policy contains a general policy aggregate of less than the minimum limits specified, then the policy coverage shall be written with limits applicable solely to this Contract, as specified, and shall not be reduced by or impaired by any other claims arising against Contractor. These policy limits shall be set forth by separate endorsement to the policy. 7. Provide a Waiver of Subrogation against the Agency, its commissioners, officers, agents, employees, engineers, and consultants for this Contract,the City of San Bernardino, its officers, agents, and employees, and all public agencies from whom permits will be obtained and its Directors, officers, agents, and employees are hereby declared to be additional insured under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the Agency in connection with the Contract with the Agency. 8. Each such policy of General Liability, AutomotiveNehicle Liability and Excess Liability insurance shall contain endorsements providing the following: a. The Agency, its commissioners, officers, agents, employees, engineers, and consultants for this Contract, the City of San Bernardino, its officers, agents, and employees, and all public agencies from whom permits will be obtained and its Directors, officers, agents, and employees are hereby declared to be additional insured under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the Agency in connection with the Contract with the Agency. b. That provides that the insurance policy will not be cancelled, limited, materially altered, or non-renewed by the insurer until thirty (30) days after receipt by the Agency of a written notice of such cancellation or reduction in coverage. c. This insurance policy is primary insurance and no insurance held or owned by the designated additional insured shall be called upon to cover a loss under this policy. The endorsements shall be called upon to cover a loss under this policy. The endorsements shall be on the forms approved by the Agency. 7 9. Insurers must be licensed to do business in the State of California. The insurers must also have an "A-"policyholder's rating and a financial rating of at least class VII in accordance with the current Best's Guide Rating. The State Compensation Insurance Fund of California is an acceptable Workers Compensation carrier. 15. LABOR PROVISIONS. a. Prevailing Wages. (1) All laborers and mechanics employed or working upon the site of the Project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained any wage determination of the Secretary of Labor which may be requested, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.(4) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under a.(2) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its Subcontractors at the site of the Project in a prominent and accessible place where it can easily be seen by the workers. (2) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Agency shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Agency agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Agency to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an 8 authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the Agency or will notify the Agency within the 30-day period that additional time is necessary. (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives and the Agency do not agree on the proposed classification and wage rate (including eh amount designated for fringe benefits where appropriate), the Agency shall refer the questions, including the views of all interested parties and the recommendation of the Agency, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise the Agency or will notify the Agency within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that �•d the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. b. Withholdine. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Project, all or part of the wages required by the contract, the Agency may after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. C. Payrolls and Basic Records. (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Project. Such records shall contain the name, address, and social security number of each such worker,his or her correct classification, hourly rates of wages paid �r (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found 9 under paragraph a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. If the Contractor employs apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2) (i) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029- 005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all Subcontractors. (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (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 as set forth in 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph c.(2)(b) of this section. (iv) The falsification of any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The Contractor or Subcontractor shall make the records required under paragraph c(1) of this section available for inspection, copying or transcription by authorized representatives of the Agency, the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Department of Labor may, after written 10 notice to the Contractor or Agency take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for Debarment of the Contractor or Subcontractor pursuant to 29 CFR 5.12. d. Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the United States Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the Project site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. Where a Contractor is performing construction on a project in a locality other than © that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or Subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe 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 determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the United States Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the Project site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the 11 wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the Project site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. e. Compliance With Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference into this Contract. £ Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts the clauses contained in paragraphs a. through j. of this Contract and such other clauses may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the Contract clauses in 29 CFR 5.5. g. Contract Termination: Debarment. A breach of the Contract clauses in paragraphs a. ® through j. of this Section 15 and a. through e. of Section 16 below are grounds for termination of this Contract, and for the Debarment of the Contractor or Subcontractor as provided in 29 CFR 5.12. It. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. i. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes provision of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (and any of its subcontracts) and the Agency, the U.S. Department of Labor, or the employees or their representatives. j. 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 Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm ineligible Qfor award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 12 (3) The penalty for making false statements or certifications in the making of this Contract is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. f 16. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS. As used in the following provision,the term"laborers"and"mechanics"include watchmen and guards. a. Overtime Requirements. Neither the Contractor nor any Subcontractor contracting for any part of the Project which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty(40)hours in such workweek,whichever is greater. b. Violation, for Unpaid Wa eg sLiquidated 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$10 (ten dollars) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. C. Withholding for Unpaid Wages and Liquidated Damages. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same Contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Working conditions. Neither the Contractor nor any Subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. e. Subcontracts. The Contractor and any Subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the Subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs a. through d. 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 ,r Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 13 18. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS. The Contractor, sub recipient or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as recipient deems appropriate. The Contractor agrees to pay each Subcontractor under this contract for satisfactory performance of its Contract no later than ten (10) days from the receipt of each payment the Contractor receives from Agency. The Contractor agrees further to return retainage payments to each Subcontractor within seven (7) days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Agency. This clause applies to both Disadvantage Business Enterprises (DBE) and non-Disadvantage Business Enterprises Subcontractors. 19. CIVIL RIGHTS. The Contractor assures that it will comply with pertinent statutes, Executive Orders and such Hiles as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision binds the Contractor from the bid solicitation period through the completion of the Contract. This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers. 20. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. 21. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information,the Contractor shall so certify to the Agency, as appropriate, and shall set forth what efforts it has made to obtain the information. 22. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Agency shall impose such contract sanctions as determine 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 Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, paper, and records of the Contractor which 14 are directly pertinent to this Contract or the Project for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three (3)years after the Agency makes final payment and all other pending matters are closed. 24. RIGHTS IN INVENTIONS. All rights to inventions and materials generated under this Contract are subject to regulations issued by the Agency. Information regarding these rights is available from the Agency. 25. BREACH OF CONTRACT TERMS. Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the Agency under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available there under 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 interpret any provisions of this Contract shall be in the Superior Court of the County of San Bernardino. In the event that legal proceedings may be initiated by one (1) party to enforce its rights under this Contract, 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 Agency General Counsel. 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 Contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in process, delivered to the Agency. b. If the termination is for the convenience of the Agency, an equitable adjustment in the Contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill the Contractor's obligations, the Agency may take over the work and prosecute the same to completion by Contract or otherwise. In such case, the Contractor shall be liable to the Agency for any additional cost occasioned to the Agency thereby. d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Agency. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. e. The rights and remedies of the Agency provided in this clause are in addition to any `., other rights and remedies provided by law or under this contract. 15 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 direction, the Contractor may request the Agency to enter into such litigation to protect the interests of the Agency and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States and the Department of Industrial Relations to protect the interests of the State of California. 28. CONTRACTOR CLAIMS OF $375,000 OR LESS. Claims by the Contractor relating to the Project for (a) a time extension, (b) money or damages arising from work done by, or on behalf of, the Contractor on the Project for which payment is not expressly provided for or to which the Contractor is not otherwise entitled, or (c) an amount that is disputed by the Agency, with a value of$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. 29. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. (1) No Federal appropriated funds shall be paid, by or on behalf of the Contractor or its Subcontractors, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor or its Subcontractors to any person for influencing or attempting to influence an officer or employee of the Agency, any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 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 acknowledgement 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 16 damage. At the end of a day's work, all new work, and the premises, likely to be damaged by failure to provide protection as required above shall be replaced or repaired at Contractor's expense. 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 the Contract. Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures; safety on the work; and coordinating all portions on the Project to be performed by Contractor's Laborers, Employees, Vendors and Subcontractors, if any. 34. UTILITY SERVICES. The Contractor will be able to use existing utilities without charge, including electric power and water. If Contractor must disconnect or otherwise interrupt such services, including plumbing fixtures, to effect repairs or replacement, the use or availability of such services shall not be deprive the Project's occupants, unless the Project's occupants has been relocated. Where disruptions or disconnections will occur other than during normal business hours, Contractor shall obtain approval of Project's occupant, at least twenty-four(24)hours prior to such interruption. 35. LEAD-BASED PAINT. The Contractor agrees that the use of any lead-based paints is strictly prohibited and shall not be used on this Project. Contractor agrees to submit to the Agency an Abatement Plan 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 Qthe Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any other person, including members of the general public, arising from or incident to the Agency Investigation Work or other activity causing or leading to contact of any kind whatsoever with lead-based paint on the Agency Site, whether the Agency has properly warned, or failed to properly warn, any persons injured. The Contractor agrees to cause all removal, transportation and disposal of the lead-based paint removal pursuant to this Contract and the Contract Documents without any cost or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and other charges and assessments as may be charged, levied or assessed as to the removal, transportation and disposal of the lead-based paint pursuant to this Contract. The Contractor represents and warrants that all such additional fees, taxes and other charges and assessments are included within the Contract price set forth in Section 3 hereof, if applicable. 36. ASBESTOS CONTAINING MATERIALS. The Contractor agrees to submit to the Agency an Abatement Plan pursuant to the State of California Department of Health Services Regulations, and pursuant to the South Coast Air Quality Management District, prior to the commencement of work on the Project, if applicable. The Agency assumes no liability for damages for personal injury, illness, disability, or death to the Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any other person, including members of the general public, arising from or incident to the Agency Investigation Work or other activity causing or leading to contact of any kind whatsoever with Asbestos on the Agency Site, whether the Agency has properly warned, or failed to properly warn, any persons injured. 17 The Contractor agrees to cause all removal, transportation and disposal of the asbestos removal 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, if applicable. 37. HAZARDOUS WASTE NOTIFICATION. The Contractor shall promptly, and before the following conditions are disturbed, notify the Agency, in writing, of any of the following: (1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the California Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidder 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 cost of the Project, 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 be excused from any scheduled completion date provided for by this Contract, but shall proceed with all work to be performed under this Contract, retaining any and all rights provided by this Contract or law which pertain to the resolution of disputes under this Contract. 38. CLEAN-UP. The Contractor shall keep the subject Project clean and orderly during the course of the work. Upon completion of the work contemplated by this Contract, the Contractor shall cause all debris resulting from such construction to be removed from the subject Project and shall leave the subject Project in a neat and"broom-clean" condition. 39. 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. 18 IN WITNESS WHEREOF,three identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof,have been duly executed by the parties hereinabove named, on the day and year first herein written. AGENCY: Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Date: By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: Agency Co sel © CONTRACTOR: Bogh Engineering, Inc. Date: By: 1 i 1 3 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 19 FORM OF PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That WHEREAS, State of California, on 20 awarded hereinafter designated as the "Principal",the contract to REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK— 1535 N. ARDEN AVENUE SAN BERNARDINO,CA 92404 NOW THEREFORE,we the Principal,and as Surety, are held and firmly bound unto the Redevelopment Agency of the City of San Bernardino, hereinafter called the "Owner" and/ or the "Agency", in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assign, shall in all things stand to and abide by and keep and truly and faithfully perform its duties, all undertakings, covenants, terms, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his/ her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers and agents, as therein stipulated, then this obligation shall become null and void: otherwise, it shall be and remain in full force and virtue, and also in case suit is brought upon such Bond,the above bounden Principal and the said surety will pay a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed or materials and/ or equipment to be furnished thereunder or the Specifications accompanying the same, shall in anywise affect its obligations on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof,have been duly executed by the Principal and Surety above named, on the day of 20_ By By [SIGNATURE OF AUTHORIZED PRINCIPAL/OFFICER [SIGNATURE OF AUTHORIZED PRINCIPAL/OFFICER REPRESENTATIVE OF SURETY COMPANY] REPRESENTATIVE OF CONTRACTOR] V [TYPE OR PRINT NAME OF SURETY COMPANY] [TYPE OR PRINT NAME OF CONTRACTOR] 00-61.13 20 FORM OF LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: That we as Surety, and as Principal, are held and firmly bound unto Redevelopment Agency of the City of San Bernardino, in the penal sum of Dollars ($ ), said sum being (100% of the estimated amount of the foregoing and annexed Contract, to be paid to said , for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the above bounden Principal, as Contractor in the annexed Contract or his/ her Subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay any person, company or corporation renting or hiring teams or implements or machinery for or contributing to said work to be done, or any person who supplies both work and materials therefore, or the amount due under the Employment Insurance Act with respect to such work or labor, the Surety will promptly pay for the same, in an amount not exceeding the above obligation, and also, in case suit is brought upon such Bond, the above bounden Principal and the said Surety will pay a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This obligation and Bond shall insure to the benefit of any and all persons entitled to file claims under Section 1184C of the Code of Civil Procedure and said persons or any of them or their assigns shall have a right to action thereunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 20 [PRINCIPAL] [SURETY] [BY] [SIGNATURE- ATTORNEY IN FACT] STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss. On this day of 20_, before me a Notary Public in and for the County of known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and acknowledged to me that he has subscribed the name of thereto as Surety, and his/her own name as Attorney in Fact. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. [SIGNATURE OF NOTARY PUBLIC] (Seal) 00-61-13.1 21 CERTIFICATION OF INSURANCE COVERAGE THIS IS TO CERTIFY that the Contractor identified below is insured as of this date against all of the risks required to be insured against by the specifications for the project identified below, including, but not limited to, the types and amount of insurance, and the named insured required by said specifications. The undersigned further certifies that the premiums for aforesaid insurance have been paid in full for a term not less than the time between the estimated commencement and completion dates of the project, that the insurance policies will not be reduced as to limits of liability or coverage's without the prior written consent of Agency, and that Agency shall be given (30) thirty days prior written notice, delivered to the Agency by registered mail, of any intent to cancel said policies in which event Agency shall have the right, in its sole discretion, to continue the respective coverage's without alteration until satisfactory substitute coverage is provided. Dated: 20 [TYPE OR PRINT NAME AND ADDRESS [TYPE OR PRINT NAME AND ADDRESS OF CONTRACTOR] OF INSURANCE COMPANY AND/OR AGENCTI [NAME] [NAME] O [ADDRESS] [ADDRESS] [SIGNATURE OF AUTHORIZED PRINCIPAL/ [SIGNATURE OF AUTHORIZED PRINCIPAL/ OFFICER/REPRESENTATIVE] OFFICER/REPRESENTATIVE] [TYPE OR PRINT NAME OF AUTHORIZED [TYPE OR PRINT NAME OF AUTHORIZED PRINCIPAL/OFFICER/REPRESENTATIVE] PRINCIPAL/OFFICER/REPRESENTATIVE] [TYPE OR PRINT TITLE OF AUTHORIZED [TYPE OR PRINT TITLE OF AUTHORIZED PRINCIPAL/OFFICER/REPRESENTATIVE] PRINCIPAL/OFFICER/REPRESENTATIVE] [NAME OF PROJECT]: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N. ARDEN AVENUE -SAN BERNARDINO,CA 92404 O NOTE: POLICY COPIES OF CERTIFICATES OF INSURANCE COVERAGE FROM INSURANCE COMPANIES TO BE INCLUDED WITH THE BID 00-62-16 22 i COPIES OF STATE OF CALIFORNIA CONTRACTOR'S LICENSES,CITY OF SAN BERNARDINO BUSINESS LICENSE,WORKER'S COMPENSATION INSURANCE, LIABILITY INSURANCE DOCUMENTS BID BOND COPIES OF STATE OF CALIFORNIA CONTRACTOR'S LICENSES, CITY OF SAN BERNARDINO BUSINESS LICENSE,WORKER'S COMPENSATION INSURANCE, LIABILITY INSURANCE DOCUMENTS [Intentionally Left Blank] 00-45-46.5 23 AGREEMENT CHANGE ORDER FORM Project: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N.ARDEN AVENUE - SAN BERNARDINO,CA 92404 Change Order Number: Date of Change Order: To Contract: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N. ARDEN AVENUE - SAN BERNARDINO,CA 92404 Dated: By and between Redevelopment Agency of the City of San Bernardino [AGENCY], and [CONTRACTOR], Contractor is hereby directed to make the following change in contract work: By reason of Change Order No. the time of expiration shall be adjusted as follows: calendar days shall be added/subtracted to the Contract schedule. Adjusted contract completion date shall be Recommended by [PACIFIC HERITAGE INC]: Date: Recommended by [ARCHITECT]: Date: Accepted by[CONTRACTOR]: Date: Recommended by [AGENCY]: Date: 00-63-63 24 CONTRACT DOCUMENTS REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N.ARDEN AVENUE - SAN BERNARDINO, CALIFORNIA • Project Contract • Form of Performance Bond • Form of Labor and Material Bond • Certificate of Insurance Coverage • Copies of State of California Contractor's Licenses, City of San Bernardino Business License, Worker's Compensation Insurance, Liability Insurance • Sample Change Order Form PUBLIC WORKS CONSTRUCTION CONTRACT REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N. ARDEN AVENUE - SAN BERNARINO, CA 92404 THIS PUBLIC WORKS CONSTRUCTION CONTRACT for the construction of The East Side Skate Park of San Bernardino project (the "Contrast"), is made and entered into this 1' day of March 2010, by and between the Redevelopment Agency of the City of San Bernardino (referred to herein as the "Owner"or the"Agency") and Bogh Engineering . (the "Contractor"). IN WITNESS HEREOF, THE UNDERSIGNED PARTIES HAVE MUTUALLY COVENTED AND AGREE TO THE FOLLOWING: 1. THE CONTRACT DOCUMENTS. The complete contract is comprised of and includes: 1) the Notice of Inviting Bids; 2) the Instructions to Bidders; 3)this Contract; 4) Contractor's/Bidder's Bid, 5) Contractor's/Bidder's Statement of Experience; 6) Contractor's/Bidder's Certification Concerning No Suspension and Debarment Requirements for Public Works Contracts Under the Public, Contracts Code and for all Contracts over $25,000 (49 CFR 29); 7) Contractor's/Bidder's Certification Concerning Clean Air and Water Pollution Control; 8) Contractor's/Bidder's Certification Concerning Designation of Subcontractors; 9) Non-Collusion Affidavit; 10) Contractor's/Bidder's Certification Relating to Campaign Contributions; 11) Contractor's/Bidder's Certification Concerning Worker's Compensation Insurance; 12) Certification of Insurance Coverage; 13) Contractor's/Bidder's Certification Concerning Disadvantaged Business Enterprises (DBE) Information-Good Faith Efforts; 14) Contractor's/Bidder's Certification Concerning Buy a. American; 15) Contractor's/Bidder's Certification Concerning Trade Restrictions; 16) Contractor's/Bidder's Certification Concerning Labors Standards and Prevailing Wage Requirements; 17) Contractor's/Bidder's Certification Concerning Equal Employment Opportunity; 18) Contractor's/Bidder's Certification Concerning "Section 3" Clause; 19) Contractor's/Bidder's and Vendors Certification Concerning Affirmative Action Policy; 20) Contractor's/Bidder's Certification Concerning Nonsegregated Facilities; 21) Subcontractor's Certification Concerning Labors Standards and Prevailing Wage Requirements; 22) Subcontractor's Certification Concerning Equal Employment Opportunity; 23) Copies of State of California Contractor's Licenses, City of San Bernardino Business License, Worker's Compensation Insurance, Comprehensive General Liability Insurance per Contract; 24) Form of Performance Bond; 25) the complete Project Construction Plans and Specifications and Provisions; 26) General Conditions (including without limitation, Part 1, Sections 1-9 of "Standard Specifications for public Works Construction, 2000 editorial (the "Greenbook") as supplemented by the 2002 "Cumulative Supplement to Greenbook"); 27) any Addenda issued under the Instructions to Bidders; 28) Any Regulations, Ordinances, Codes, and Laws incorporated therein or herein by reference or otherwise applicable to the Project; 29) Any Agency approved Change Order(s) submitted during construction. All of the above documents are intended to cooperate as one (1) contract so that any work called for in one (1) and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract are hereinafter referred to collectively as the"Contract Documents". 2. THE WORK. Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and materials (except that specifically mentioned as being furnished by others) necessary to perform and complete the work in a good and worker like manner as called for, and in the manner designated in, and in strict conformity with the Project Construction Plans, Detail Specifications, and other 2 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 1535 N.ARDEN AVENUE-SAN BERNARDINO, CA 92404 00-52.13 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 for the East Side Skate Park in San Bernardino, CA ' (the "Project"). The amount of this Contract for the Project is Seven Hundred Thousand Four Hundred Thirty One Dollars ($700,431). 4. CONTRACT AMENDMENTS. The Executive Director of the Agency is authorized to sign on his or her own authority amendments to this Contract which are of routine or technical nature, including minor adjustments to the Schedule of Performance unless otherwise specified in this Contract. All other amendments require the mutual agreement of both the Agency and the Contractor. 5. INCORPORATION BY REFERENCE OF PART 1, SECTIONS 1-9 OF THE GREENBOOK, 2000 EDITION, AS SUPPLEMENTED. The Greenbook, as supplemented by the publication entitled, "2002 Cumulative Supplement to Greenbook", is hereby incorporated by this reference into this Contract. �- The word"Project" means and refers to the "Project", as this term is defined in the Instruction 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. Not later than the 20th day of each calendar month,the Contractor shall make a partial payment request to the Agency on the basis of an estimate approved by the Construction Manager, Architect and Agency of the work performed since the last partial payment request during the preceding month by the Contractor with (10%) ten percent of the amount of each such estimate retained by the Agency, until completion of the Project and the recordation of a Notice of Completion of all work covered by this Contract. The Agency shall make any partial payments provided for in this contract to the Contractor within thirty (30) calendar days of the Agency's receipt of an undisputed and properly executed partial payment request from the Contractor. The Agency shall pay the Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to the Contractor within thirty (30) calendar days of the Agency's receipt of an undisputed and properly executed partial payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section 685.010. Upon receipt of a partial payment request from the Contractor,the Agency shall review the partial payment request for the purpose of determining whether or not the partial payment request is a proper partial payment request. Any partial payment request determined by the Agency not to be a proper partial payment request suitable for payment shall be returned to the Contractor by the Agency within ten 3 (10) working days of the Agency's receipt of such partial payment request. A partial payment request returned to the Contractor by the Agency under the provisions of this section shall be accompanied by a written document setting forth the reason(s) why the partial payment request is not proper. The number of days for the Agency to make a certain partial payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced by the number of days by which the Agency exceeds the ten(10) working days return period for such partial payment request, if determined to be improper, as set forth in this section. For the purposes of this section, a "partial payment" means all payments due to the Contractor under this contract, exclusive of that portion of the final payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall be considered properly executed by the Agency, if funds are available to pay the partial payment request and payment is not delayed due to an audit inquiry by the Agency's financial officer. The Agency will release Contractor's retention earnings within forty-five (45) days after recordation of Notice of Completion, as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the Agency shall constitute the Agency's acceptance of the Project work. 7. STOP NOTICE. 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 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, Contractor shall forthwith either pay and discharge the liens and/or claims of lien and cause same to be released of record, or Contractor shall furnish the Agency with proper indemnity, either by satisfactory corporate Surety Bond or °�- satisfactory title policy. Said indemnity shall also be subject to approval of Lien Holder. 8. TIME FOR COMPLETION. All work under this Contract shall be completed by a date no later than July 13, 2010, or within a period of One Hundred (100) calendar days from the date of the Contractor's receipt of Notice to Proceed from the Agency which date may first occur; provided however that Contractor shall have received its Notice to Proceed by a date no later than March 5, 2010 9. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or its employees or those under it by Contract or otherwise, or by changes ordered in the work, or by strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the Agency, or by any justifiable cause which the Architect and Agency shall authorize, then the Contractor shall make out a written claim addressed to the Agency setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Architect and Agency for approval. The Architect and Agency will evaluate the claim and if the claim is justifiable, will request the Agency's approval. No such extension will be allowed unless written claim therefore has been made within three (3) working 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 a liquidated damages amount of Five Hundred Dollars ($500)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 4 compensation for any additional work unless such Project Change Order is written and entered into by the Contractor and the Agency. The Project Change Order shall describe the nature of the additional work in detail, the location of the work, the 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 there from. In the event any liens and/or claims of lien are filed for record against the real property, or the Agency receives notices of any unpaid bill or charge in connection with the performance of this Contract, the Contractor shall forthwith either pay and discharge the liens and/or claims of lien and cause same to be released of record, or the Contractor shall furnish the Agency with proper indemnity, either by satisfactory corporate surety bond or satisfactory title policy. Said indemnity shall also be subject to approval of the lien holder. 13. INDEMNIFICATIONS AND HOLD HARMLESS. The Contractor shall defend, indemnify, protect and hold free and harmless the Agency, its officers, employees, and agents from and against liability actions, suits, proceedings, claims, demands, losses, costs, injuries to or death of any person or persons and expenses, including attorney's including attorney's fees, for injury or damage of any type claimed which is brought by any individual or entity, whether public or private, as a result of the acts, errors or omissions of the Contractor, its officers, employees, agents, and its Subcontractors arising from or related to performance of the work required hereunder to complete the Project. 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 following insurance requirements shall be applicable to this Contract. These requirements supersede the insurance requirements set forth in any other reference, and to the extent of any conflict, the specified requirements herein shall prevail. If you have any questions about the type of coverage required, you may e-mail your questions to: Chris W. Evans, Project Manager PACIFIC HERITAGE INC. chris@pacificheritageinc.com Insurance Requirement Summary: The Contractor and all subcontractors shall purchase and maintain insurance through the life of the contract in the amounts equal to the requirements set forth in (A) through (D) below, and shall not commence work under this Contract until all insurance required under this heading is obtained and evidenced in a form acceptable to the Agency, nor shall the Contractor allow any subcontractor to commence construction pursuant to a subcontract until all insurance required of the contractors has been obtained. A. Worker's Compensation Insurance: The Contractor and all subcontractors shall provide evidence of workers' compensation insurance with statutory minimum amounts of coverage, as f i required by the Labor Code of the State of California, and including employer's liability insurance with a minimum limit of $1,000,000.00. Such workers' compensation insurance shall be endorsed to provide for a waiver of subrogation against the Agency. B. General Liability: The Contractor and all subcontractors shall maintain during the life of this Contract, a standard form of Commercial General Liability insurance providing the following minimum limits of liability: Combined single limit of $5,000,000.00 per occurrence for bodily injury, including death, personal injury, and property damage,with$5,000,000.00 aggregate; or $2,000,000.00 per location aggregate, as evidenced by endorsement. The insurance shall include coverage for each of the following: Products and Completed Operations Coverage Owners and Suppliers Protection Broad form Property Damage Blanket Contractual Liability Severability of Interest or Cross-Liability Underground Explosion and Collapse Coverage Personal Injury—With the"Employee" Exclusion Deleted C. AutomotiveNehicle Liability Insurance: The Contractor and all subcontractors shall maintain a policy of automotive/vehicle liability insurance on a commercial auto liability form covering owned, non-owned and hired automobiles providing the following minimum limits of liability: Combined single limit of liability of$5,000,000.00 per accident for Bodily Injury, Death and Property Damage. The insurance shall include coverage for contractual liability and pollution liability caused by vehicle upset, overturn and collision. D. Excess Liability: The Contractor and all subcontractors may provide a policy providing excess coverage in a face amount necessary, when combined with the primary insurance, to equal the minimum requirements for General Liability and Automobile Liability. The insurance shall include: "Pay on behalf of wording; blanket contractual liability; concurrency of effective dates with primary; and drop down feature. The insurance provided for in paragraphs (A), (B), (C) and (D) above are subject to the following conditions: C1. The insurance shall be issued and underwritten by a surance companies acceptable to the Agency, and shall be licensed by the State of Californi it o do business on the lines of insurance specified insurance specified. 2. The Contractor may satisfy the limit requirements in a single policy or multiple policies. Any such additional policies written as excess insurance shall not provide any less coverage than that provided by the first or primary policy. 3. Any costs associated with a self-insured program, deductibles, or premium rating programs that determine premium based on loss experience shall be for the account of the Contractor and subsequent subcontractors, and the Agency shall not be required to participate in any such loss., If any such programs exist, Contractor and subsequent subcontractors agree to protect and defend the Agency in the same manner as if such cost provisions were not applicable. 4. The Contractor shall be responsible to establish insurance requirements for any subcontractor/suppliers hired by the Contractor. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the subcontractor's operations and work. 5. Contractor shall have presented at the time of execution of the Contract, the original policies of insurance or have presented a certificate of insurance in the form as attached hereto evidencing such coverage as in force, and which complies with the terms and conditions outlined herein. 6. If an insurance policy contains a general policy aggregate of less than the minimum limits specified, then the policy coverage shall be written with limits applicable solely to this Contract, as specified, and shall not be reduced by or impaired by any other claims arising against Contractor. These policy limits shall be set forth by separate endorsement to the policy. 7. Provide a Waiver of Subrogation against the Agency, its commissioners, officers, agents, employees,engineers, and consultants for this Contract,the City of San Bernardino, its officers, agents, and employees, and all public agencies from whom permits will be obtained and its Directors, officers, agents, and employees are hereby declared to be additional insured under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the Agency in connection with the Contract with the Agency. 8. Each such policy of General Liability, AutomotiveNehicle Liability and Excess Liability insurance shall contain endorsements providing the following: a. The Agency, its commissioners, officers, agents, employees, engineers, and consultants for this Contract, the City of San Bernardino, its officers, agents, and employees, and all public agencies from whom permits will be obtained and its Directors, officers, agents, and employees are hereby declared to be additional insured under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the Agency in connection with the Contract with the Agency. b. That provides that the insurance policy will not be cancelled, limited, materially altered, or non-renewed by the insurer until thirty (30) days after receipt by the Agency of a written notice of such cancellation or reduction in coverage. c. This insurance policy is primary insurance and no insurance held or owned by the designated additional insured shall be called upon to cover a loss under this policy. The endorsements shall be called upon to cover a loss under this policy. The endorsements shall be on the forms approved by the Agency. i 9. Insurers must be licensed to do business in the State of California. The insurers must also have an "A-"policyholder's rating and a financial rating of at least class VII in accordance with the current Best's Guide Rating. The State Compensation Insurance Fund of California is an acceptable Workers Compensation carrier. 15. LABOR PROVISIONS. a. Prevailing Wages. (1) All laborers and mechanics employed or working upon the site of the Project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained any wage determination of the Secretary of Labor which may be requested, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.(4) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any additional classification and wage rates conformed under a.(2) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its Subcontractors at the site of the Project in a prominent and accessible place where it can easily be seen by the workers. (2) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Agency shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification(if known), or their representatives, and the Agency agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Agency to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an 0 i authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the Agency or will notify the Agency within the 30-day period that additional time is necessary. (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives and the Agency do not agree on the proposed classification and wage rate (including eh amount designated for fringe benefits where appropriate), the Agency shall refer the questions, including the views of all interested parties and the recommendation of the Agency, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty(30) days of receipt and so advise the Agency or will notify the Agency within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. b. Withholding. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Project,all or part of the wages required by the contract, the Agency may after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. C. Payrolls and Basic Records. (1) Payrolls and basic records relating thereto shall be maintained by the Contractor © wring the course of the work and preserved for a period of three (3) years thereafter for all laborers a id mechanics working at the site of the Project. Such records shall contain the name, address, and s cial security number of each such worker,his or her correct classification, hourly rates of wages paid icluding rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents ereof of the types described in section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under paragraph a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. If the Contractor employs apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2) (i) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029- 005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all Subcontractors. (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (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 as set forth in 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph c.(2)(b) of this section. (iv) The falsification of any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The Contractor or Subcontractor shall make the records required under paragraph c(1) of this section available for inspection, copying or transcription by authorized representatives of the Agency, the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Department of Labor may, after written notice to the Contractor or Agency take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for Debarment of the Contractor or Subcontractor pursuant to 29 CFR 5.12. d. Apprentices and Trainees. (1) Apnrentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the United States Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the Project site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or Subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe 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 determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the United States Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the Project site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the Project site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. e. Compliance With Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3,which are incorporated by reference into this Contract. f. Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts the clauses contained in paragraphs a. through j. of this Contract and such other clauses may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the Contract clauses in 29 CFR 5.5. g. Contract Termination: Debarment. A breach of the Contract clauses in paragraphs a. through j. of this Section 15 and a. through e. of Section 16 below are grounds for termination of this Contract, and for the Debarment of the Contractor or Subcontractor as provided in 29 CFR 5.12. h. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. i. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes provision of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (and any of its subcontracts) and the Agency, the U.S. Department of Labor, or the employees or their representatives. j. Certification of Eligibility. ility. (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 fpm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). I (3) The penalty for making false statements or certifications in the making of this Contract is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 16. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS. As used in the following provision,the term"laborers"and"mechanics" include watchmen and guards. a. Overtime Requirements. Neither the Contractor nor any Subcontractor contracting for any part of the Project which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty(40) hours in such workweek, whichever is greater. b. Violation• Liability for Unpaid Wages, 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$10 (ten dollars) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. C. Withholding for Unpaid Wages and Liquidated Damages. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same Contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Working conditions. Neither the Contractor nor any Subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. e. Subcontracts. The Contractor and any Subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the Subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs a. through d. 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 Section 21.5 of the Regulations, including employment practices when the Contract co crs a program set forth in Appendix B of the Regulations. i 18. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS. The Contractor, sub recipient or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as recipient deems appropriate. The Contractor agrees to pay each Subcontractor under this contract for satisfactory performance of its Contract no later than ten (10) days from the receipt of each payment the Contractor receives from Agency. The Contractor agrees further to return retainage payments to each Subcontractor within seven (7) days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Agency. This clause applies to both Disadvantage Business Enterprises (DBE) and non-Disadvantage Business Enterprises Subcontractors. 19. CIVIL RIGHTS. The Contractor assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision binds the Contractor from the bid solicitation period through the completion of the Contract. This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers. 20. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT. In al] solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. 21. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information,the Contractor shall so certify to the Agency, as appropriate, and shall set forth what efforts it has made to obtain the information. 22. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Agency shall impose such contract sanctions as determine 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 Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, paper, and records of the Contractor which III i I are directly pertinent to this Contract or the Project for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three (3)years after the Agency makes final payment and all other pending matters are closed. 24. RIGHTS IN INVENTIONS. All rights to inventions and materials generated under this Contract are subject to regulations issued by the Agency. Information regarding these rights is available from the Agency. 25. BREACH OF CONTRACT TERMS. Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the Agency under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available there under 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 interpret any provisions of this Contract shall be in the Superior Court of the County of San Bernardino. In the event that legal proceedings may be initiated by one (1) parry to enforce its rights under this Contract, the prevailing party in such legal proceedings shall be entitled to recover from the other parry, 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 Agency General Counsel. 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 Contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in process, delivered to the Agency. b. If the termination is for the convenience of the Agency, an equitable adjustment in the Contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill the Contractor's obligations, the Agency may take over the work and prosecute the same to completion by Contract or otherwise. In such case,the Contractor shall be liable to the Agency for any additional cost occasioned to the Agency thereby. d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Agency. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. e. The rights and remedies of the Agency provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 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 direction, the Contractor may request the Agency to enter into such litigation to protect the interests of the Agency and,in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States and the Department of Industrial Relations to protect the interests of the State of California. 28. CONTRACTOR CLAIMS OF $375,000 OR LESS. Claims by the Contractor relating to the Project for (a) a time extension, (b) money or damages arising from work done by, or on behalf of,the Contractor on the Project for which payment is not expressly provided for or to which the Contractor is not otherwise entitled, or (c) an amount that is disputed by the Agency, with a value of$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. 29. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. (1) No Federal appropriated funds shall be paid, by or on behalf of the Contractor or its © Subcontractors, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor or its Subcontractors to any person for influencing or attempting to influence an officer or employee of the Agency, any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 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. 151 or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the Agency tenders final payment to the Contractor, without further acknowledgement by the parties. 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 plarrissued in compliance wto the Energy Policy and Conservation Act (Public Law 94- �' 163) 32. PROTECTION. The Contractor shall all times provide protection against weather, rain, wind, storm and heat so as to maintain all wq• ,, materials, apparatus and fixtures free from injury and damage. At the end of a day's work, all new work, and the premises, likely to be damaged by failure to provide protection as required above shall be replaced or repaired at Contractor's expense. 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 the Contract. Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures; safety. on the work; and coordinating all portions on the Project to be performed by Contractor's Laborers, Employees, Vendors and Subcontractors, if any. 34. UTILITY SERVICES. The Contractor will be able to use existing utilities without charge, including electric power and water. If Contractor must disconnect or otherwise interrupt such services, including plumbing fixtures, to effect repairs or replacement, the use or availability of such services shall not be deprive the Project's occupants, unless the Project's occupants has been relocated. Where disruptions or disconnections will occur other than during normal business hours, Contractor shall obtain approval of Project's occupant, at least twenty-four(24) hours prior to such interruption. 35. LEAD-BASED PAINT. The Contractor agrees that the use of any lead-based paints is strictly prohibited and shall not be used on this Project. Contractor agrees to submit to the Agency an Abatement Plan 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 to any Consultant or employees, agents, or invitees of the Contractor or any Consultant,or to any other person, including members of the general public, arising from or incident to the Agency Investigation Work or other activity causing or leading to contact of any kind whatsoever with lead-based paint on the Agency Site, whether the Agency has properly warned, or failed to properly warn, any persons injured. The Contractor agrees to cause all removal, transportation and disposal of the lead-based paint removal pursuant to this Contract and the Contract Documents without any cost or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and other charges and assessments as may be charged, levied or assessed as to the removal, transportation and disposal of the lead-based paint pursuant to this Contract. The Contractor represents and warrants that all such additional fees, taxes and other charges and assessments are included within the Contract price set forth in Section 3 hereof, if applicable. 36. ASBESTOS CONTAINING MATERIALS. The Contractor agrees to submit to the Agency an Abatement Plan pursuant to the State of California Department of Health Services Regulations, and pursuant to the South Coast Air Quality Management District, prior to the commencement of work on the Project, if applicable. The Agency assumes no liability for damages for personal injury, illness, disability, or death to the Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any other person, including members of the general public, arising from or incident°to the Agency Investigation Work or other activity causing or leading to contact of any kind whatsoever with Asbestos on the Agency Site, whether the Agency has properly warned, or failed to properly warn, any persons injured. The Contractor agrees to cause all removal, transportation and disposal of the asbestos removal ... 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, if applicable. 37. HAZARDOUS WASTE NOTIFICATION. The Contractor shall promptly, and before the following conditions are disturbed,notify the Agency, in writing, of any of the following: (1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the California Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidder 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 cost of the Project, 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 be excused from any scheduled completion date provided for by this Contract, but shall proceed with all work to be performed under this Contract, retaining any and all rights provided by this Contract or law which pertain to the resolution of disputes under this Contract. 38. CLEAN-UP. The Contractor shall keep the subject Project clean and orderly during the course of the work. Upon completion of the work contemplated by this Contract, the Contractor shall cause all debris resulting from such construction to be removed from the subject Project and shall leave the subject Project in a neat and"broom-clean" condition. 39. 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. IN WITNESS WHEREOF,three identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof,have been duly executed by the parties hereinabove named, y� 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: Agenc nsel CONTRACTOR: Bogh Engineering, Inc. Date: By: Type or Print Contractor's/Bidder's Business Address (City, State and Zip Code) Contractor's License Contractor License Classification I I Contractor's License Expiration Date Bond Number 19 f y— FORM OF PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That WHEREAS, State of California, on 20 awarded hereinafter designated as the "Principal",the contract to REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK— 1535 N.ARDEN AVENUE SAN BERNARDINO,CA 92404 NOW THEREFORE,we the Principal, and as Surety, are held and firmly bound unto the Redevelopment Agency of the City of San Bernardino, hereinafter called the "Owner" and/ or the "Agency", in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the above bounden Principal, his/her or ® its heirs, executors, administrators, successors or assign, shall in all things stand to and abide by and keep and truly and faithfully perform its duties, all undertakings, covenants, terms, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his/ her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers and agents, as therein stipulated, then this obligation shall become null and void: otherwise, it shall be and remain in full force and virtue, and also in case suit is brought upon such Bond,the above bounden Principal and the said surety will pay a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed or materials and/ or equipment to be furnished thereunder or the Specifications accompanying the same, shall in anywise affect its obligations on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of 120 . By By [SIGNATURE OF AUTHORIZED PRINCIPAL/OFFICER [SIGNATURE OF AUTHORIZED PRINCIPAL/OFFICER REPRESENTATIVE OF SURETY COMPANY] REPRESENTATIVE OF CONTRACTOR] [TYPE OR PRINT NAME OF SURETY COMPANY] [TYPE OR PRINT NAME OF CONTRACTOR] 00-61.13 FORM OF LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: That we as Surety, and as Principal, are held and firmly bound unto Redevelopment Agency of the City of San Bernardino, in the penal sum of Dollars ($ ), said sum being (100% of the estimated amount of the foregoing and annexed Contract, to be paid to said , for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the above bounden Principal, as Contractor in the annexed Contract or his/ her Subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay any person, company or corporation renting or hiring teams or implements or machinery for or contributing to said work to be done, or any person who supplies both work and materials therefore, or the amount due under the Employment Insurance Act with respect to such work or labor, the Surety will promptly pay for the same, in an amount not exceeding the above obligation, and also, in case suit is brought upon such Bond, the above bounden Principal and the said Surety will pay a reasonable attomey's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This obligation and Bond shall insure to the benefit of any and all persons entitled to file claims under Section 1184C of the Code of Civil Procedure and said persons or any of them or their assigns shall have a right to action thereunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 20_ [PRINCIPAL] [SURETY] [BY] [SIGNATURE- ATTORNEY IN FACT] STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. On this day of . 20 before me a Notary Public in and for the County of known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and acknowledged to me that he has subscribed the name of thereto as Surety, and his/her own name as Attorney in Fact. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate 4` first above written. [SIGNATURE OF NOTARY PUBLIC] (Seal) 00-61-13.1 �*^ CERTIFICATION OF INSURANCE COVERAGE THIS IS TO CERTIFY that the Contractor identified below is insured as of this date against all of the risks required to be insured against by the specifications for the project identified below, including, but not limited to, the types and amount of insurance, and the named insured required by said specifications. The undersigned further certifies that the premiums for aforesaid insurance have been paid in full for a term not less than the time between the estimated commencement and completion dates of the project, that the insurance policies will not be reduced as to limits of liability or coverage's without the prior written consent of Agency, and that Agency shall be given (30) thirty days prior written notice, delivered to the Agency by registered mail, of any intent to cancel said policies in which event Agency shall have the right, in its sole discretion, to.continue the respective coverage's without alteration until satisfactory substitute coverage is provided. Dated: 20 [TYPE OR PRINT NAME AND ADDRESS [TYPE OR PRINT NAME AND ADDRESS OF CONTRACTOR] OF INSURANCE COMPANY AND/OR AGENCT] [NAME] [NAME] [ADDRESS] [ADDRESS] [SIGNATURE OF AUTHORIZED PRINCIPAL/ [SIGNATURE OF AUTHORIZED PRINCIPAL/ OFFICER/REPRESENTATIVE] OFFICER/REPRESENTATIVE] [TYPE OR PRINT NAME OF AUTHORIZED [TYPE OR PRINT NAME OF AUTHORIZED PRINCIPAL/OFFICER/REPRESENTATIVE] PRINCIPAL/OFFICER/REPRESENTATIVE] [TYPE OR PRINT TITLE OF AUTHORIZED [TYPE OR PRINT TITLE OF AUTHORIZED PRINCIPAL/OFFICER/REPRESENTATIVE] PRINCIPAL/OFFICER/REPRESENTATIVE] [NAME OF PROJECT]: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N.ARDEN AVENUE -SAN BERNARDINO,CA 92404 NOTE: POLICY COPIES OF CERTIFICATES OF INSURANCE COVERAGE FROM INSURANCE COMPANIES TO BE INCLUDED WITH THE BID 00-62-16 • COPIES OF STATE OF CALIFORNIA CONTRACTOR'S LICENSES,CITY OF SAN BERNARDINO BUSINESS LICENSE.WORKER'S COMPENSATION INSURANCE, LIABILITY INSURANCE DOCUMENTS BID BOND COPIES OF STATE OF CALIFORNIA CONTRACTOR'S LICENSES, CITY OF SAN BERNARDINO BUSINESS LICENSE,WORKER'S COMPENSATION INSURANCE, LIABILITY INSURANCE DOCUMENTS [Intentionally Left Blank] 00-45-46.5 c AGREEMENT CHANGE ORDER FORM �rr Project: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N.ARDEN AVENUE -SAN BERNARDINO,CA 92404 Change Order Number: Date of Change Order: To Contract: REDEVELOPMENT AGENCY OF YHE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N.ARDEN AVENUE -SAN BERNARDINO,CA 92404 Dated: By and between Redevelopment Amy of the City of San Bernardino [AGENCY],and [CONTRACTOR], Contractor is hereby directed to make the following change in contract work: By reason of Change Order No. the time of expiration shall be adjusted as follows: calendar days shall be added/subtracted to the Contract schedule. Adjusted contract completion date shall be Recommended by [PACIFIC HERITAGE INC]: Date: Recommended by [ARCHITECT]: Date: Accepted by[CONTRACTOR]: Date: Recommended by [AGENCY]: Date: 00-63-63 03/01/2010, Item No. R24 Item History Backup distributed on 2/1/10, Item No. R27 26. Continued. The hearing remains open... Approved MOTION: That the matter be continued to March 1, 2010. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CONTINUED FROM FEBRUARY 1, 2010 Recommended for approval at the Redevelopment Committee meeting on December 3, 2009 - Committee Members Present: Johnson, Brinker, Shorett (alternate) R27. Bogh Engineering, Inc. - Construction Contract for construction of the Eastside Skate Park and handicapped access improvements at Speicher Park (Backup distributed on February 1, 2010, Item No. R26.) Ward 7 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Redevelopment Agency of the City of San Bernardino ("Agency") to be the lead Agency for the design and construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area). (Resolution not available at time of printing.) Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Construction Contract by and between the Agency and Bogh Engineering, Inc., for construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area). No Action Taken MOTION: That said resolutions A and B, be adopted. Approved MOTION: That the matter be continued to March 1, 2010. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 11 02/16/2010 25. Continued. Approved MOTION: That the matter be continued to February 16, 2010. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on December 3, 2009 - Committee Members Present: Johnson, Brinker, Shorett (alternate) R26. Bogh Engineering, Inc. - Construction Cr-" nstruction of the Eastside Skate Park and handicapped ar-- at Speicher Park (See Attached) Ward 7 Ma of �I/ A. Resolution of the M, f the City of San Bernardino approving a _.upment Agency of the City of San Bernardino k ate lead Agency for the design and construction of the L ,.,ate Park at Speicher Park located at 1535 Arden Avenue, Sat_ rernardino (IVDA Redevelopment Project Area). (Resolution not available at time of printing.) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Construction Contract by and between the Agency and Bogh Engineering, Inc., for construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area). No Action Taken MOTION: That said resolutions A and B, be adopted. Approved MOTION: That the matter be continued to February 16, 2010. XXXXXXXXXXXXXXXXXXXXXX END OF COMMUNITY DEVELOPMENT COMMISSION 11 02/01/2010 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FROM: Emil A.Marzullo SUBJECT: Bogh Engineering, Inc. - Construction Contract Interim Executive Director for construction of the Eastside Skate Park and handicapped access improvements at Speicher Park, 1535 Arden Avenue, San Bernardino, DATE: January 22,2010 California(IVDA Redevelopment Project Area) -------------------------------------------------------- - - ---------------------------------------------------------- Svnoosis of Previous Commission/Council/Committee Action(s): At the Adjourned Redevelopment Committee meeting on December 3, 2009, Redevelopment Committee Members Johnson, Brinker and alternate Shorett unanimously voted to recommend that the Mayor and Common Council and the Community Development Commission consider this action for approval. ----------------------- ------------------ --------------------------------- Recommended Motionls): (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Redevelopment Agency of the City of San Bernardino ("Agency") to be the lead Agency for the design and construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area) (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 Construction Contract by and between the Agency and Bogh Engineering, Inc.,for construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino(IVDA Redevelopment Project Area) Contact Person(s): Brian Turnbull,Project Manager Phone: (909)663-1044 Project Area(s): IVDA Redevelopment Project Area Ward(s): 7th Supporting Data Attached: 0 Staff Report 0 Resolution(s)0 Agreement(s)/Contract(s)❑Map(s)❑Letter(s) HUD CDBG-R Funds, Operation Phoenix FUNDING REQUIREMENTS: Amount: $ 756,000 Source: Foundation Funds and EDA Funds Budget Authority: EDA FY 2009-2010 Budget Signature: Fiscal Review: Emil A.N firzullo,Interim Executive Director uss Jesus,t C�rAdministrative Services Director ----------------------------------------------------------------- ------------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------------------------------------------ P\Ap.d,\Co.D Commission\CDC2010W2-01-IOBOgh Engin ringlet Conawoion Comore SRdoc COMMISSION MEETING AGENDA Meeting Date: 02/01/2010 Agenda Item Number: 92-40 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT BOGH ENGINEERING, INC. - CONSTRUCTION CONTRACT FOR CONSTRUCTION OF THE EASTSIDE SKATE PARK AND HANDICAPPED ACCESS IMPROVEMENTS AT SPEICHER PARK, 1535 ARDEN AVENUE, SAN BERNARDINO, CALIFORNIA (IVDA REDEVELOPMENT PROJECT AREA) BACKGROUND: Speicher Park, located at 1535 Arden Avenue, San Bernardino, California, has, for the past several years, been home to the Operation Phoenix East Community Center. However, on April 1, 2009, the facility and its programs, along with other recreation facilities and programs, as part of budget cuts approved by the Mayor and Common Council of the City of San Bernardino ("Council') in February, 2009, were closed. A second City skate park, the first located at Blair Park in northwest San Bernardino, was suggested for this area where many youth in the surrounding neighborhoods are j considered at risk and in need of after school activities. However, funding to construct the Skate Park was not available. On February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009 ("ARRA") which provided stimulus funding to a variety of programs for shovel-ready projects. Under the ARRA, Community Development Block Grant—Recovery Funds (CDBG-R) were provided to the City of San Bernardino. The availability of these funds allowed for the design and construction, in part, of the Skate Park. The Eastside Skate Park at Speicher Park will include a basketball court and a community garden. CURRENT ISSUE: On June 1, 2009, the Council approved the allocation of $500,000 in CDBG-R Funds and the administration of these funds by the Economic Development Agency ("EDA") pursuant to Mayor and Common Council Resolution No. 2009-141 for the construction of the Skate Park and handicapped access improvements at Speicher Park. The CDBG-R Funds were provided to the City under the ARRA. Federal regulations require that the funds be spent on shovel-ready projects as quickly as possible. Additional funding in the amount of $125,000 was provided by the San Manuel Band of Mission Indians as an Operation Phoenix Foundation Grant, and $131,000 in EDA funds for the total project funding amount of$756,000. It is intended that the EDA funding will be reimbursed by the County of San Bernardino through Neighborhood Initiative Program ("NIP") funds. Based on prior actions of the Council and the County, $195,000 of County NIP funds were made available for law enforcement activities related to Operation Phoenix. To the extent that remaining funds are available, such amounts will be used to reimburse the EDA for an amount not to exceed the anticipated $131,000 figure. As of this time, it is not known how much of the $131,000 will in fact be reimbursed to the EDA, and based upon recent conversations with County staff, upwards of $98,000 of this amount should be available for this reimbursement. No conditions have been placed on the use those funds that are being made available by the EDA to fund this proposed construction contract for the Skate Park project. All project funds have been placed in the Eastside Skate Park project fund at the EDA. The difference between the total funding amount of$756,000 and the $700,431 Bogh contract payment of$55,569 would be used to pay for construction management services to a construction management ------------------------------------------------------------------------------------------ -------- PWgendnlCommDev Comm19610nI CDC201=241-I OBogh Engimmn'Im COuWdion Cwm SR.d. COMMISSION MEETING AGENDA Meeting Date: 02/01/2010 Agenda Item Number: AQ 20 Economic Development Agency Staff Report Bogh Engineering, Inc. — Construction Contract Page 2 services contractor already under contract with EDA to provide such services on several EDA construction projects will be applied for other third party project improvement costs. Bids were solicited for construction of the skate park on September 14, 2009, and a bid opening was held on October 1, 2009. Seven (7) bids were received with the lowest responsive bid of$1,091,291 submitted by Bogh Engineering, Inc. ("Contractor"). The project was bid as a series of bid alternates due to the limited funding. Through the removal of bid alternates for new restrooms and a shade structure, a final project low bid of$700,431 was established. After considering the removal of the bid alternates, it is recommended that a contract in the amount of$700,431 be awarded to the Contractor. The Contractor will be required to comply with Federal Davis-Bacon Prevailing Wage requirements because of the HUD CDBG-R funding source. CONTRACTORS ADDRESS BID AMOUNT* 1. Bogh Engineering, Inc. 401 West 4` Street, Beaumont, CA 92223 $700,431 2. Cooley Construction 17525 Eucalyptus, Suite"G", Hesperia, CA 92345 $815,868 3. 4-Con Engineefing Engineering 2751 Avalon Street, Riverside, CA 92509 $890,368 4. NBI Construction 1770 Howard Place, Redlands, CA 92373 $916,841 5. Le ac Construction 13263 Yorba Avenue, Chino, CA 91710 1 $946,210 6. Abeam Construction 267 East Badillo Street, Covina, CA 91723 $1,000,860 7. Bergman Companies 4300 Edison, Chino, CA 91710 $1,065,950 *All bid amounts adjusted to reflect removal of bid alternates. ENVIRONMENTAL IMPACT: This project is categorically exempt under CEQA pursuant to Section 15301. FISCAL IMPACT: $500,000 from HUD CDBG-R Funds, $125,000 from the San Manuel Band of Mission Indians, Operation Phoenix Foundation Grant and $131,000 in EDA funds (to be reimbursed with County NIP funds). RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. e� , k , Emil A. Marzullo, Interim Executive Director ---- - ------- ------ ------------------_4----------------- —------------ P9 AgeMenlComm Dev CommievoMCDC 2010\02-01-10 Bogh Engimenng Inc Congmclion Comnm SK60C COMMISSION MEETING AGENDA Meeting Date: 02/01/2010 Agenda Item Number: V--7i .v 1 RESOLUTION NO. n p �6 6 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 EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE 5 AGENCY AND BOGH ENGINEERING, INC., FOR CONSTRUCTION OF 6 THE EASTSIDE SKATE PARK AT SPEICHER PARK LOCATED AT 1535 ARDEN AVENUE, SAN BERNARDINO (IVDA REDEVELOPMENT 7 PROJECT AREA) 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 9 community redevelopment agency duly created, established and authorized to transact business and 10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing at 12 Section 33000 and is authorized to construct improvements located within the approved 13 redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL; 14 and 15 WHEREAS, the Community Development Commission of the City of San Bernardino (the 16 "Commission"), as the governing board of the Agency, seeks to enter into a Construction Contract 17 with Bogh Engineering, Inc., to construct the Eastside Skate Park at Speicher Park located at 1535 18 Arden Avenue, San Bernardino, in the Inland Valley Development Agency Redevelopment Project 19 Area("IVDA"); and 20 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that 21 cannot be remedied by private parties acting alone without community redevelopment assistance; 22 and 23 WHEREAS, on February 17, 2009, Congress passed the American Recovery and 24 Reinvestment Act of 2009 ("ARRA") which provided Community Development Block Grant- 25 Recovery Funds("CDBG-R")to the City of San Bernardino; and 26 WHEREAS, on June 1, 2009, the Mayor and Common Council of the City of San 27 Bernardino ("Council") approved the allocation of$500,000 in CDBG-R Funds for the construction 28 of the Eastside Skate Park at Speicher Park; and 1 I WHEREAS, and additional $125,000 has been provided by the San Manuel Band of Mission 2 Indians as an Operation Phoenix Foundation Grant, and $131,000 in Agency Funds to be 3 reimbursed from County of San Bernardino, Neighborhood Initiative Program ("NIP") funds, for 4 the total project funding amount equal to $756,000; and 5 WHEREAS, the scope of work will include construction of a skate park, parking lot, 6 basketball court, community garden and compliance with the Americans with Disabilities Act 7 ("ADA") for all on-site park improvements; and 8 WHEREAS, bids to construct the Eastside Skate Park were solicited on September 14, 2009, 9 and seven (7) bids were received on October 1, 2009, with Bogh Engineering, Inc. ("Contractor"), 10 as the lowest responsible bidder in the amount of $700,431 after the removal of several bid 11 alternates. 12 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 13 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 14 FOLLOWS: 15 Section 1. The information set forth in the above recitals of this Resolution is true and 16 correct. 17 Section 2. Subject to approval of the funding by the Mayor and Common Council and 18 the receipt of funds by the Agency, the Community Development Commission of the City of San 19 Bernardino ("Commission") hereby awards the publicly bid contract to the Contractor as the lowest 20 responsible bidder and approves the Construction Contract between the Agency and the Contractor 21 attached hereto, incorporated herein by reference, and waives any irregularities in the bid as 22 submitted by the Contractor as permitted by the bid documents. Such Construction Contract with 23 the Contractor shall not be executed by the Agency until such time as all funds required to fulfill the 24 Agency's obligations under such Construction Contract are on deposit with the Agency 25 Section 3. The Interim Executive Director of the Agency is hereby authorized to execute 26 the Construction Contract on behalf of the Agency in substantially the form attached hereto as 27 Exhibit "A", together with such changes therein as may be approved by the Interim Executive 28 Director of the Agency and Agency Counsel. The Interim Executive Director of the Agency or such 2 1 other designated representative of the Agency is further authorized to do any and all things and take 2 any and all actions as may be deemed necessary or advisable to effectuate the purposes of the 3 Construction Contract, including making non-substantive modifications to the Construction 4 Contract. 5 Section 4. This Resolution shall take effect from and after its date of adoption by this 6 Commission. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 ors....,a.an....:..:.....m_.,a...:..-.o�.�:��� �e_�.�__:__—__•__ .._ ___,__..____,..,,... 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE 4 AGENCY AND BOGH ENGINEERING, INC., FOR CONSTRUCTION OF THE EASTSIDE SKATE PARK AT SPEICHER PARK LOCATED AT 1535 5 ARDEN AVENUE, SAN BERNARDINO (IVDA REDEVELOPMENT 6 PROJECT AREA) 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,e eof,held on the day of , 2010,by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 ESTRADA _ 12 BAXTER _ 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 Secretary 20 21 The foregoing Resolution is hereby approved this day of 2010. 22 23 Patrick J. Morris, Chairperson 24 Community Development Commission 25 of the City of San Bernardino 26 Approved as to Form: 27 By: 28 Agency o sel 4 1 Exhibit"A" 2 Form of Construction Contract 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONTRACT DOCUMENTS REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N. ARDEN AVENUE - SAN BERNARDINO, CALIFORNIA • Project Contract • Form of Performance Bond • Form of Labor and Material Bond • Certificate of Insurance Coverage • Copies of State of California Contractor's Licenses, City of San Bernardino Business License, Worker's Compensation Insurance, Liability Insurance • Sample Change Order Form PUBLIC WORKS CONSTRUCTION CONTRACT REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N.ARDEN AVENUE - SAN BERNARINO, CA 92404 THIS PUBLIC WORKS CONSTRUCTION CONTRACT for the construction of The East Side Skate Park of San Bernardino project (the "Contract"), is made and entered into this 21" day of December 2009, by and between the Redevelopment Agency of the City of San Bernardino (referred to herein as the "Owner"or the "Agency") and Bogh Engineering . (the "Contractor"). IN WITNESS HEREOF, THE UNDERSIGNED PARTIES HAVE MUTUALLY COVENTED AND AGREE TO THE FOLLOWING: 1. THE CONTRACT DOCUMENTS. The complete contract is comprised of and includes: 1)the Notice of Inviting Bids; 2) the Instructions to Bidders; 3) this Contract; 4) Contractor's/Bidder's Bid, 5) Contractor's/Bidder's Statement of Experience; 6) Contractor's/Bidder's Certification Concerning No Suspension and Debarment Requirements for Public Works Contracts Under the Public, Contracts Code and for all Contracts over $25,000 (49 CFR 29); 7) Contractor's/Bidder's Certification Concerning Clean Air and Water Pollution Control; 8) Contractor's/Bidder's Certification Concerning Designation of Subcontractors; 9) Non-Collusion Affidavit; 10) Contractor's/Bidder's Certification Relating to Campaign Contributions; 11) Contractor's/Bidder's Certification Concerning Worker's Compensation Insurance; 12) Certification of Insurance Coverage; 13) Contractor's/Bidder's Certification Concerning Disadvantaged Business Enterprises (DBE) Information-Good Faith Efforts; 14) Contractor's/Bidder's Certification Concerning Buy American; 15) Contractor's/Bidder's Certification Concerning Trade Restrictions; 16) Contractor's/Bidder's Certification Concerning Labors Standards and Prevailing Wage Requirements; 17) Contractor's/Bidder's Certification Concerning Equal Employment Opportunity; 18) Contractor's/Bidder's Certification Concerning "Section 3" Clause; 19) Contractor's/Bidder's and Vendors Certification Concerning Affirmative Action Policy; 20) Contractor's/Bidder's Certification Concerning Nonsegregated Facilities; 21) Subcontractor's Certification Concerning Labors Standards and Prevailing Wage Requirements; 22) Subcontractor's Certification Concerning Equal Employment Opportunity; 23) Copies of State of California Contractor's Licenses, City of San Bernardino Business License, Worker's Compensation Insurance, Comprehensive General Liability Insurance per Contract; 24) Form of Performance Bond; 25)the complete Project Construction Plans and Specifications and Provisions; 26) General Conditions (including without limitation, Part 1, Sections 1-9 of "Standard Specifications for public Works Construction, 2000 editorial (the "Greenbook") as supplemented by the 2002 "Cumulative Supplement to Greenbook"); 27) any Addenda issued under the Instructions to Bidders; 28) Any Regulations, Ordinances, Codes, and Laws incorporated therein or herein by reference or otherwise applicable to the Project; 29)Any Agency approved Change Order(s) submitted during construction. All of the above documents are intended to cooperate as one (1) contract so that any work called for in one (1) and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said document The documents comprising the complete contract are hereinafter referred,to,collectively as the"C,,, tract Documents". 2. THE WORK. Contractor .grees to furnish all tools, apparatus, facilities, equipment, labor and materials (except that specificall: mentioned as being furnished by others) necessary to perform and complete the work in a good an: worker like manner as called for, and in the manner designated in, and in strict conformity with the Project Construction Plans, Detail Specifications, and other Contract Documents which are identified by the signatures of the parties to this Contract and are, collectively, entitled: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 1535 N. ARDEN AVENUE - SAN BERNARDINO,CA 92404 00-52.13 ' 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 for the East Side Skate Park in San Bernardino, CA ' (the "Project'). The amount of this Contract for the Project is One Million, Ninety-One Thousand, Two-Hundred Ninety Dollars and Ninety Two Cents. ($ 1,091,290.92). 4. CONTRACT AMENDMENTS. The Executive Director of the Agency is authorized to sign on his or her own authority amendments to this Contract which are of routine or technical nature, including minor adjustments to the Schedule of Performance unless otherwise specified in this Contract. All other amendments require the mutual agreement of both the Agency and the Contractor. 5. INCORPORATION BY REFERENCE OF PART 1, SECTIONS 1-9 OF THE GREENBOOK, 2000 EDITION, AS SUPPLEMENTED. The Greenbook, as supplemented by the publication entitled, "2002 Cumulative Supplement to Greenbook", is hereby incorporated by this reference into this Contract. The word "Project" means and refers to the "Project", as this term is defined in the Instruction 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. Not later than the 20th day of each calendar month, the Contractor shall make a partial payment request to the Agency on the basis of an estimate approved by the Construction Manager, Architect and Agency of the work performed since the last partial payment request during the preceding month by the Contractor with (10%) ten percent of the amount of each such estimate retained by the Agency, until completion of the Project and the recordation of a Notice of Completion of all work covered by this Contract. The Agency shall make any partial payments provided for in this contract to the Contractor within thirty(30) calendar days of the Agency's receipt of an undisputed and properly executed partial payment request from the Contractor. The Agency shall pay the Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to the Contractor within thirty (30) calendar days of the Agency's receipt of an undisputed and properly executed partial payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section 685.010. Upon receipt of a partial payment request from the Contractor, the Agency shall review the partial payment request for the purpose of determining whether or not the partial payment request is a proper partial payment request. Any partial payment request determined by the Agency not to be a proper partial payment request suitable for payment shall be returned to the Contractor by the Agency within ten (10) working days of the Agency's receipt of such partial payment request. A partial payment request returned to the Contractor by the Agency under the provisions of this section shall be accompanied by a written document setting forth the reason(s) why the partial payment request is not proper. The number of days for the Agency to make a certain partial payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced by the number of days by which the Agency exceeds the ten (10) working days return period for such partial payment request, if determined to be improper, as set forth in this section. For the purposes of this section, a "partial payment" means all payments due to the Contractor under this contract, exclusive of that portion of the final payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall be considered properly executed by the Agency, if funds are available to pay the partial payment request and payment is not delayed due to an audit inquiry by the Agency's financial officer. The Agency will release Contractor's retention earnings within forty-five (45) days after recordation of Notice of Completion, as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the Agency shall constitute the Agency's acceptance of the Project work. 7. STOP NOTICE. 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 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, Contractor shall forthwith either pay and discharge the liens and/ or claims of lien and cause same to be released of record, or Contractor shall furnish the Agency with proper indemnity, either by satisfactory corporate Surety Bond or satisfactory title policy. Said indemnity shall also be subject to approval of Lien Holder. 8. TIME FOR COMPLETION. All work under this Contract shall be completed by a date no later than March 31, 2009, or within a period of One Hundred (100) calendar days from the date of the Contractor's receipt of Notice to Proceed from the Agency which date may first occur; provided however that Contractor shall have received its Notice to Proceed by a date no later than December 24, 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 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 Architect and Agency shall authorize, then the Contractor shall make out a written claim addressed to the Agency setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Architect and Agency for approval. The Architect and Agency will evaluate the claim and if the claim is justifiable, will request the Agency's approval. No such extension will be allowed unless written claim therefore has been made within three(3)working 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 a liquidated damages amount of Five Hundred Dollars ($500) per working day. 11. CHANGE ORDERS. No change in work, as described in the Contract Documents, shall be made except upon the approval of the Agency. The Contractor shall not be entitled to any compensation for any additional work unless such Project Change Order is written and entered into by the Contractor and the Agency. The Project Change Order shall describe the nature of the additional work in detail, the location of the work, the 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 there from. 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 a 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 liability actions, suits, proceedings, claims, demands, losses, costs, injuries to or death of any person or persons and expenses, including attorney's including attorney's fees, for injury or damage of any type claimed which is brought by any individual or entity, whether public or private, as a result of the acts, errors or omissions of the Contractor, its officers, employees, agents, and its Subcontractors arising from or related to performance of the work required hereunder to complete the Project. 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 following insurance requirements shall be applicable to this Contract. These requirements supersede the insurance requirements set forth in any other reference, and to the extent of any conflict, the specified requirements herein shall prevail. If you have any questions about the type of coverage required, you may e-mail your questions to: Chris W. Evans, Project Manager PACIFIC HERITAGE INC. chris(a,pacificheritageinc.com Insurance Requirement Summary: The Contractor and all subcontractors shall purchase and maintain insurance through the life of the contract in the amounts equal to the requirements set forth in (A) through (D) below, and shall not commence work under this Contract until all insurance required under this heading is obtained and evidenced in a form acceptable to the Agency, nor shall the Contractor allow any subcontractor to commence construction pursuant to a subcontract until all insurance required of the contractors has been obtained. A. Worker's Compensation Insurance: The Contractor and all subcontractors shall provide evidence of workers' compensation insurance with statutory minimum amounts of coverage, as required by the Labor Code of the State of California, and including employer's liability insurance with a minimum limit of $1,000,000.00. Such workers' compensation insurance shall be endorsed to provide for a waiver of subrogation against the Agency. B. General Liability: The Contractor and all subcontractors shall maintain during the life of this Contract, a standard form of Commercial General Liability insurance providing the following minimum limits of liability: Combined single limit of $5,000,000.00 per occurrence for bodily injury, including death, personal injury, and property damage, with $5,000,000.00 aggregate; or $2,000,000.00 per location aggregate, as evidenced by endorsement. The insurance shall include coverage for each of the following: Products and Completed Operations Coverage Owners and Suppliers Protection Broad form Property Damage Blanket Contractual Liability Severability of Interest or Cross-Liability Underground Explosion and Collapse Coverage Personal Injury—With the"Employee" Exclusion Deleted C. AutomotiveNehicle Liability Insurance: The Contractor and all subcontractors shall maintain a policy of automotive/vehicle liability insurance on a commercial auto liability form covering owned,non-owned and hired automobiles providing the following minimum limits of liability: Combined single limit of liability of$5,000,000.00 per accident for Bodily Injury, Death and Property Damage. The insurance shall include coverage for contractual liability and pollution liability caused by vehicle upset, overturn and collision. D. Excess Liability: The Contractor and all subcontractors may provide a policy providing excess coverage in a face amount necessary, when combined with the primary insurance, to equal the minimum requirements for General Liability and Automobile Liability. The insurance shall include: "Pay on behalf of wording; blanket contractual liability; concurrency of effective dates with primary; and drop down feature. The insurance provided for in paragraphs (A), (B), (C) and (D) above are subject to the following conditions: 1. The insurance shall be issued and underwritten by insurance companies acceptable to the Agency, and shall be licensed by the State of California to do business on the lines of insurance specified insurance specified. 2. The Contractor may satisfy the limit requirements in a single policy or multiple policies. Any such additional policies written as excess insurance shall not provide any less coverage than that provided by the first or primary policy. 3. Any costs associated with a self-insured program, deductibles, or premium rating programs that determine premium based on loss experience shall be for the account of the Contractor and subsequent subcontractors, and the Agency shall not be required to participate in any such loss. If any such programs exist, Contractor and subsequent subcontractors agree to protect and defend the Agency in the same manner as if such cost provisions were not applicable. 4. The Contractor shall be responsible to establish insurance requirements for any subcontractor/suppliers hired by the Contractor. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the subcontractor's operations and work. 5. Contractor shall have presented at the time of execution of the Contract, the original policies of insurance or have presented a certificate of insurance in the form as attached hereto evidencing such coverage as in force, and which complies with the terms and conditions outlined herein. 6. If an insurance policy contains a general policy aggregate of less than the minimum limits specified, then the policy coverage shall be written with limits applicable solely to this Contract, as specified, and shall not be reduced by or impaired by any other claims arising against Contractor. These policy limits shall be set forth by separate endorsement to the policy. 7. Provide a Waiver of Subrogation against the Agency, its commissioners, officers, agents, employees, engineers, and consultants for this Contract,the City of San Bernardino, its officers, agents, and employees, and all public agencies from whom permits will be obtained and its Directors, officers, agents, and employees are hereby declared to be additional insured under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the Agency in connection with the Contract with the Agency. 8. Each such policy of General Liability, AutomotiveNehicle Liability and Excess Liability insurance shall contain endorsements providing the following: a. The Agency, its commissioners, officers, agents, employees, engineers, and consultants for this Contract, the City of San Bernardino, its officers, agents, and employees, and all public agencies from whom permits will be obtained and its Directors, officers, agents, and employees are hereby declared to be additional insured under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the Agency in connection with the Contract with the Agency. b. That provides that the insurance policy will not be cancelled, limited, materially altered, or non-renewed by the insurer until thirty (30) days after receipt by the Agency of a written notice of such cancellation or reduction in coverage. c. This insurance policy is primary insurance and no insurance held or owned by the designated additional insured shall be called upon to cover a loss under this policy. The endorsements shall be called upon to cover a loss under this policy. The endorsements shall be on the forms approved by the Agency. 9. Insurers must be licensed to do business in the State of California. The insurers must also have an "A-"policyholder's rating and a financial rating of at least class VII in accordance with the current Best's Guide Rating. The State Compensation Insurance Fund of California is an acceptable Workers Compensation carrier. 15. LABOR PROVISIONS. a. Prevailing Wages. (1) All laborers and mechanics employed or working upon the site of the Project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained any wage determination of the Secretary of Labor which may be requested, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.(4) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under a.(2) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its Subcontractors at the site of the Project in a prominent and accessible place where it can easily be seen by the workers. (2) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Agency shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Agency agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Agency to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30)days of receipt and so advise the Agency or will notify the Agency within the 30-day period that additional time is necessary. (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives and the Agency do not agree on the proposed classification and wage rate (including eh amount designated for fringe benefits where appropriate), the Agency shall refer the questions, including the views of all interested parties and the recommendation of the Agency, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty(30) days of receipt and so advise the Agency or will notify the Agency within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. b. Withholdine. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Project, all or part of the wages required by the contract, the Agency may after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. C. Payrolls and Basic Records. (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three (3) ye. -, thereafter for all laborers and mechanics working at the site of the Project. Such records shall cote in the name, address, and social security number of each such worker, his or her correct classificatio i iourly rates of wages paid (including rates of contributions or costs anticipa,�d for bona fide fringe ! iiefits or cash equivalents thereof of the types described in section I(b)(2)(b) of the Davis-Bacon Ac: daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the retary of Labor has found under paragraph a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. If the Contractor employs apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (2) (i) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029- 005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all Subcontractors. (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (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 as set forth in 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph c.(2)(b) of this section. (iv) The falsification of any of the above certifications may subject the Contractor or Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The Contractor or Subcontractor shall make the records required under paragraph c(1) of this section available for inspection, copying or transcription by authorized representatives of the Agency, the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Department of Labor may, after written notice to the Contractor or Agency take such action as.may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for Debarment of the Contractor or Subcontractor pursuant to 29 CFR 5.12. d. Apprentices and Trainees. (1) AApprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the United States Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the Project site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination of the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or Subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe 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 determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the United States Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the Project site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the Project site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. e. Compliance With Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference into this Contract. i £ Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts the clauses contained in paragraphs a. through j. of this Contract and such other clauses may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the Contract clauses in 29 CFR 5.5. g. Contract Termination: Debarment. A breach of the Contract clauses in paragraphs a. through j. of this Section 15 and a. through e. of Section 16 below are grounds for termination of this Contract, and for the Debarment of the Contractor or Subcontractor as provided in 29 CFR 5.12. h. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. i. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes provision of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (and any of its subcontracts) and the Agency, the U.S. Department of Labor, or the employees or their representatives. j. 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 Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm ineligible for award c . Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements or certifications in the making of this Contract is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 16. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS. As used in the following provision,the term"laborers"and"mechanics" include watchmen and guards. a. Overtime Requirements. Neither the Contractor nor any Subcontractor contracting for any part of the Project which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40)hours in such workweek, whichever is greater. b. Violation: 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$10 (ten dollars) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. C. Withholding for Unpaid Wages and Liquidated Damages. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same Contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Working conditions. Neither the Contractor nor any Subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. e. Subcontracts. The Contractor and any Subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the Subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs a. through d. 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 Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 18. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS. 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 this Contract, which may result in the termination of this Contract or such other remedy as recipient de ems appropriate. The Contractor agrees to pay each Subcontractor under this contract for satisfactory performance of its Contract no later than ten (10) days from the receipt of each payment the Contractor receives from Agency. The Contractor agrees further o return retainage payments to each Subcontractor within seven (7) days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Agency. This clause applies to both Disadvantage Business Enterprises (DBE) and non-Disadvantage Business Enterprises Subcontractors. 19. CIVIL RIGHTS. The Contractor assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision binds the Contractor from the bid solicitation period through the completion of the Contract. This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers. 20. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. 21. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information,the Contractor shall so certify to the Agency, as appropriate, and shall set forth what efforts it has made to obtain the information. 22. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Agency shall impose such contract sanctions as determine 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 Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, paper, and records of the Contractor which I are directly pertinent to this Contract or the Project for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three (3) years after the Agency makes final payment and all other pending matters are closed. 24. RIGHTS IN INVENTIONS. All rights to inventions and materials generated under this Contract are subject to regulations issued by the Agency. Information regarding these rights is available from the Agency. 25. BREACH OF CONTRACT TERMS. Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the Agency under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available there under 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 interpret any provisions of this Contract shall be in the Superior Court of the County of San Bernardino. In the event that legal proceedings may be initiated by one (1) parry to enforce its rights under this Contract, 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 Agency General Counsel. 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 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 temrination is for the convenience of the Agency, an equitable adjustment in the Contract price shall be made, but no amount- shall be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill the Contractor's obligations, the Agency may take over the work and prosecute the same to completion by Contract or otherwise. In such case, the Contractor shall be liable to the Agency for any additional cost occasioned to the Agency thereby. d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Agency. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. e. The rights and remedies of the Agency provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 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 direction, the Contractor may request the Agency to enter into such litigation to protect the interests of the Agency and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States and the Department of Industrial Relations to protect the interests of the State of California. 28. CONTRACTOR CLAIMS OF $375,000 OR LESS. Claims by the Contractor relating to the Project for(a) a time extension, (b) money or damages arising from work done by, or on behalf of, the Contractor on the Project for which payment is not expressly provided for or to which the Contractor is not otherwise entitled, or (c) an amount that is disputed by the Agency, with a value of$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. 29. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. (1) No Federal appropriated funds shall be paid, by or on behalf of the Contractor or its Subcontractors, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor or its Subcontractors to any person for influencing or attempting to influence an officer or employee of the Agency, any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 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 acknowledgement 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 st;ite energy conservation plan issued in compliance with the Energy Policy and Conservation Act (PubRi Law 94- 163) 32. PROTECTION. The Contractor shall at all times provide protection against weather, i ani, wind, storm and heat so as to maintain all work, materials, apparatus and fixtures free from injury and damage. At the end of a day's work, all new work, and the premises, likely to be damaged by failure to provide protection as required above shall be replaced or repaired at Contractor's expense. 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 the Contract. Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures; safety on the work; and coordinating all portions on the Project to be performed by Contractor's Laborers, Employees, Vendors and Subcontractors, if any. 34. UTILITY SERVICES. The Contractor will be able to use existing utilities without charge, including electric power and water. If Contractor must disconnect or otherwise interrupt such services, including plumbing fixtures, to effect repairs or replacement, the use or availability of such services shall not be deprive the Project's occupants, unless the Project's occupants has been relocated. Where disruptions or disconnections will occur other than during normal business hours, Contractor shall obtain approval of Project's occupant, at least twenty-four(24) hours prior to such interruption. 35. LEAD-BASED PAINT. The Contractor agrees that the use of any lead-based paints is strictly prohibited and shall not be used on this Project. Contractor agrees to submit to the Agency an Abatement Plan 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 a the Project, if applicable. The Agency assumes no liability for damages for personal injury, illness, disability, or death to the Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any other person, including members of the general public, arising from or incident to the Agency Investigation Work or other activity causing or leading to contact of any kind whatsoever with lead-based paint on the Agency Site, whether the Agency has properly warned, or failed to properly warn, any persons injured. The Contractor agrees to cause all removal, transportation and disposal of the lead-based paint removal pursuant to this Contract and the Contract Documents without any cost or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and other charges and assessments as may be charged, levied or assessed as to the removal, transportation and disposal of the lead-based paint pursuant to this Contract. The Contractor represents and warrants that all such additional fees, taxes and other charges and assessments are included within the Contract price set forth in Section 3 hereof, if applicable. 36. ASBESTOS CONTAINING MATERIALS. The Contractor agrees to submit to the Agency an Abatement Plan pursuant to the State of California Department of Health Services Regulations, and pursuant to the South Coast Air Quality Management District, prior to the commencement of work on the Project, if applicable. The Agency assumes no liability for damages for personal injury, illness, disability, or death to the Contractors, or to any Consultant or employees, agents, or invitees of the Contractor or any Consultant, or to any other person, including members of the general public, arising from or incident to the Agency Investigation Work or other activity causing or leading to contact of any kind whatsoever with Asbestos on the Agency Site, whether the Agency has properly warned, or failed to properly warn, any persons injured. The Contractor agrees to cause all removal, transportation and disposal of the asbestos removal 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, if applicable. 37. HAZARDOUS WASTE NOTIFICATION. The Contractor shall promptly, and before the following conditions are disturbed, notify the Agency, in writing, of any of the following: (1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the California Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidder 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 cost of the Project, 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 be excused from any scheduled completion date provided for by this Contract, but shall proceed with all work to be performed under this Contract, retaining any and all rights provided by this Contract or law which pertain to the resolution of disputes under this Contract. 38. CLEAN-UP. The Contractor shall keep the subject Project clean and orderly during the course of the work. Upon completion of the work contemplated by this Contract, the Contractor shall cause all debris resulting from such construction to be removed from the subject Project and shall leave the subject Project in a neat and"broom-clean" condition. 39. 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. IN WITNESS WHEREOF,three identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on the day and year first herein written. AGENCY: Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Date: By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: Agency Co nsel CONTRACTOR: Bogh Engineering, Inc. 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 r, FORM OF PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That WHEREAS, State of California, on 20 awarded hereinafter designated as the "Principal", the contract to REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK— 1535 N.ARDEN AVENUE SAN BERNARDINO, CA 92404 NOW THEREFORE,we the Principal,and as Surety, are held and firmly bound unto the Redevelopment Agency of the City of San Bernardino, hereinafter called the "Owner" and/ or the "Agency", in the penal sum of I Dollars ($ ) in lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assign, shall in all things stand to and abide by and keep and truly and faithfully perform its duties, all undertakings, covenants, terms, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his/ her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers and agents, as therein stipulated, then this obligation shall become null and void: otherwise, it shall be and remain in full force and virtue, and also in case suit is brought upon such Bond,the above bounden Principal and the said surety will pay a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed or materials and/ or equipment to be furnished thereunder or the Specifications accompanying the same, shall in anywise affect its obligations on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of 20 By By [SIGNATURE OF AUTHORIZED PRINCIPAL/OFFICER [SIGNATURE OF AUTHORIZED PRINCIPAL/OFFICER REPRESENTATIVE OF SURETY COMPANY] REPRESENTATIVE OF CONTRACTOR] [TYPE OR PRINT NAME OF SURETY COMPANY] [TYPE OR PRINT NAME OF CONTRACTOR] 00-61.13 I FORM OF LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: That we as Surety, and as Principal, are held and firmly bound unto Redevelopment Agency of the City of San Bernardino, in the penal sum of Dollars ($ ), said sum being (100% of the estimated amount of the foregoing and annexed Contract, to be paid to said , for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the above bounden Principal, as Contractor in the annexed Contract or his/ her Subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay any person, company or corporation renting or hiring teams or implements or machinery for or contributing to said work to be done, or any person who supplies both work and materials therefore, or the amount due under the Employment Insurance Act with respect to such work or labor, the Surety will promptly pay for the same, in an amount not exceeding the above obligation, and also, in case suit is brought upon such Bond, the above bounden Principal and the said Surety will pay a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This obligation and Bond shall insure to the benefit of any and all persons entitled to file claims under Section 1184C of the Code of Civil Procedure and said persons or any of them or their assigns shall have a right to action thereunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 20 [PRINCIPAL] [SURETY] [BY] [SIGNATURE-ATTORNEY IN FACT] STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss. On this. day of .20 me a Notary Public in and for the County of known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and acknowledged to me that he has subscribed the name of thereto as Surety, and his/her own name as Attorney in Fact. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. [SIGNATURE OF NOTARY PUBLIC] (Seal) 00-61-13.1 CERTIFICATION OF INSURANCE COVERAGE THIS IS TO CERTIFY that the Contractor identified below is insured as of this date against all of the risks required to be insured against by the specifications for the project identified below, including, but not limited to, the types and amount of insurance, and the named insured required by said specifications. The undersigned further certifies that the premiums for aforesaid insurance have been paid in full for a term not less than the time between the estimated commencement and completion dates of the project, that the insurance policies will not be reduced as to limits of liability or coverage's without the prior written consent of Agency, and that Agency shall be given (30) thirty days prior written notice, delivered to the Agency by registered mail, of any intent to cancel said policies in which event Agency shall have the right, in its sole discretion, to continue the respective coverage's without alteration until satisfactory substitute coverage is provided. Dated: , 20 [TYPE OR PRINT NAME AND ADDRESS [TYPE OR PRINT NAME AND ADDRESS OF CONTRACTOR] OF INSURANCE COMPANY AND/OR AGENCT] [NAME] [NAME] [ADDRESS] [ADDRESS] [SIGNATURE OF AUTHORIZED PRINCIPAL/ [SIGNATURE OF AUTHORIZED PRINCIPAL/ OFFICER/REPRESENTATIVE] OFFICER/REPRESENTATIVE] [TYPE OR PRINT NAME OF AUTHORIZED [TYPE OR PRINT NAME OF AUTHORIZED PRINCIPAL/OFFICER/REPRESENTATIVE] PRINCIPAL/OFFICER/REPRESENTATIVE] [TYPE OR PRINT TITLE OF AUTHORIZED [TYPE OR PRINT TITLE OF AUTHORIZED PRINCIPAL/OFFICER/REPRESENTATIVE] PRINCIPAL/OFFICER/REPRESENTATIVE] [NAME OF PROJECT]: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N.ARDEN AVENUE -SAN BERNARDINO,CA 92404 NOTE: POLICY COPIES OF CERTIFICATES OF INSURANCE COVERAGE FROM INSURANCE COMPANIES TO BE INCLUDED WITH THE BID 00-62-16 COPIES OF STATE OF CALIFORNIA CONTRACTOR'S LICENSES, CITY OF SAN BERNARDINO BUSINESS LICENSE.WORKER'S COMPENSATION INSURANCE, LIABILITY INSURANCE DOCUMENTS BID BOND COPIES OF STATE OF CALIFORNIA CONTRACTOR'S LICENSES, CITY OF SAN BERNARDINO BUSINESS LICENSE,WORKER'S COMPENSATION INSURANCE, LIABILITY INSURANCE DOCUMENTS [Intentionally Left Blank] 00-45-46.5 AGREEMENT CHANGE ORDER FORM Project: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N.ARDEN AVENUE-SAN BERNARDINO,CA 92404 Change Order Number: Date of Change Order: To Contract: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO EAST SIDE SKATE PARK 1535 N.ARDEN AVENUE-SAN BERNARDINO,CA 92404 Dated: By and between Redevelopment Agency of the City of San Bernardino [AGENCY],and [CONTRACTOR], Contractor is hereby directed to make the following change in contract work: By reason of Change Order No. , the time of expiration shall be adjusted as follows: calendar days shall be added/subtracted to the Contract schedule. Adjusted contract completion date shall be Recommended by[PACIFIC HERITAGE INC]: Date: Recommended by [ARCHITECT]: Date: Accepted by [CONTRACTOR]: Date: Recommended by[AGENCY]: Date: 00-63-63 �A 4 Cp I RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 5 ("AGENCY") TO BE THE LEAD AGENCY FOR THE DESIGN AND CONSTRUCTION OF THE EASTSIDE SKATE PARK AT SPEICHER PARK 6 LOCATED AT 1535 ARDEN AVENUE, SAN BERNARDINO (IVDA REDEVELOPMENT PROJECT AREA) 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 9 community redevelopment agency duly created, established and authorized to transact business and 10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the 11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing at 12 Section 33000 and is authorized to construct improvements located within the approved 13 redevelopment project areas in the City of San Bernardino (the "City") in accordance with the CRL; 14 and 15 WHEREAS, the Community Development Commission of the City of San Bernardino (the 16 "Commission"), as the governing board of the Agency, seeks to enter into a Construction Contract j 17 with Bogh Engineering, Inc., to construct the Eastside Skate Park at Speicher Park located at 1535 18 Arden Avenue, San Bernardino, in the Inland Valley Development Agency Redevelopment Project 19 Area("IVDA"); and 20 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that 21 cannot be remedied by private parties acting alone without community redevelopment assistance; 22 and 23 WHEREAS, on February 17, 2009, Congress passed the American Recovery and 24 Reinvestment Act of 2009 ("ARRA") which provided Community Development Block Grant- 25 Recovery Funds ("CDBG-R")to the City of San Bernardino; and 26 WHEREAS, on June 1, 2009, the Mayor and Common Council of the City of San 27 Bernardino ("Council") approved the allocation of$500,000 in CDBG-R Funds for the construction 28 of the Eastside Skate Park at Speicher Park; and 1 WHEREAS, an additional $125,000 has been provided by the San Manuel Band of Mission 2 Indians as an Operation Phoenix Foundation Grant, and $131,000 in Agency Funds to be 3 reimbursed from County of San Bernardino, Neighborhood Initiative Program ("NIP") funds, for 4 the total project funding amount equal to $756,000; and 5 WHEREAS, the scope of work will include construction of a skate park, parking lot, 6 basketball court, community garden and compliance with the Americans with Disabilities Act i 7 ("ADA") for all on-site park improvements; and 8 WHEREAS, bids to construct the Eastside Skate Park were solicited on September 14, 2009, i 9 and seven (7) bids were received on October 1, 2009, with Bogh Engineering, Inc. ("Contractor"), 10 as the lowest responsible bidder in the amount of$700,431. 11 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 12 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 13 FOLLOWS: i 14 Section 1. The information set forth in the above recitals of this Resolution is true and 15 correct. 16 Section 2. The Mayor and Common Council of the City of San Bernardino hereby 17 approves and authorizes the Agency to be the lead agency for the design and construction of the 18 Eastside Skate Park at Speicher Park, and the Mayor and Common Council of the City of San 19 Bernardino further authorizes the Agency through the Community Development Commission of the 20 City of San Bernardino to approve and enter into a public works construction contract for the 21 construction of the improvements to be located upon the Eastside Skate Park at Speicher Park. It is 22 recognized that the Speicher Park is owned by the City of San Bernardino and the Agency is hereby 23 authorized to enter upon and cause the improvements to the Eastside Skate Park to be constructed 24 by the Contractor. 25 Section 3. This Resolution shall take effect upon its adoption and execution in the 26 manner as required by the City Charter. 27 28 /// 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 ("AGENCY") TO BE THE LEAD AGENCY FOR THE DESIGN AND CONSTRUCTION OF THE EASTSIDE SKATE PARK AT SPEICHER PARK 4 LOCATED AT 1535 ARDEN AVENUE, SAN BERNARDINO (IVDA REDEVELOPMENT PROJECT AREA) 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting 8 thereof,held on the day of 2010,by the following vote to wit: 9 Council Members: Ayes Nays Abstain Absent 10 ESTRADA _ BAXTER _ 11 BRINKER 12 SHORETT _ 13 KELLEY _ 14 JOHNSON _ 15 MC CAMMACK _ 16 17 18 Rachel G. Clark, City Clerk 19 The foregoing Resolution is hereby approved this day of 2010. 20 21 22 Patrick J. Morris,Mayor 23 City of San Bernardino 24 Approved as to Form: 25 26 By' James F. Penman, City Attorney 27 28