HomeMy WebLinkAboutR26-Economic Development Agency
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CITY OF SAN BERNARDINO
~CONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
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)
DATE: January 22, 2010
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 Motion(s):
(Mavor 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 A venue, San Bernardino (IVDA
Redevelopment Project Area)
(Communitv Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a
Construction Contract by and between the Agency and Bogb Engineering, Inc., for construction oflbe Eastside Skate
Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area)
Contact Person(s):
Project Area(s):
Brian Turnbull, Project Manager
IVDA Redevelopment Project Area
Phone:
(909) 663.1044
Ward(s):
7th
Supporting Data Attached:
I!'l Staff Report I!'l Res.olution(s) I!'l Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $ 756,000
HUD CDBG-R Funds, Operation Phoenix
Source: Foundation Funds and EDA Funds
Budget Authority:
EDA FY 2009-2010 Budget
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Signature: --' /,,-,~.' ,. ~
Emil A. Marzullo, Interim Executive Director
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Russ~Jesus, ~;Pn1 Administrative
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Services Director
Commission/Council Notes:
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COMMISSION MEETING AGENDA J -
Meeting Date: 02/0111010
Agenda Item Number: R ;if;
P\A.p:ndas\Conun Dev Commission\CDC 2010\02-01-10 Bogb Engineering Inc Consuuaion Comract SR.-doc:
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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BOOH 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
pr~s.Underthe 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 wiIl 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 $55,569 would be used to pay for construction management services to a construction management
P:\Agendu\Comm Dnr Commiuion\COC 2010\02-01-10 80gb Engineai1l81nc Construction Conlract SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 02/0112010
Agenda Item Number:
Economic Development Agency Staff Report
Bogh Engineering, Inc. - Construction Contract
Page 2
services contractor already under contract with EDA to provide such services on several EDA
construction projects will be applied for other third party project improvement costs.
Bids were solicited for construction of the skate park on September 14,2009, and a bid opening was
held on October 1,2009. Seven (7) bids were received with the lowest responsive bid of$I,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 $700,43 I 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
401 West 4 Street, Beaumont, CA 92223
17525 Eucal tus, Suite "G", Hes ria, CA 92345
2751 Avalon Street, Riverside, CA 92509
1770 Howard Place, Redlands, CA 92373
13263 Y orba Avenue, Chino, CA 917 IO
267 East Badillo Street, Covina, CA 91723
BID AMOUNT.
$700,43 I
$815,868
. $890,368
$916,841
$946,210
$1,000,860
$1,065,950
1.
2.
3.
4.
5.
6.
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.
" . .....
c'-~ ~ f'\,
(I . ~ ,::.-d/'):
Emil A. Marzullo, Interim Executive Director
P:\AgflICiIs\Comm Oev COlllmission\CDC 2010\()2.o1-IO Bogb Engineering Inc ConSU\lClion Contract SR.-doe
COMMISSION MEETING AGENDA
Meeting Date: 0210112010
Agenda Item Number:
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RESOLUTION NO.
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)
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 goveming'bowofthe-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 I, 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
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P:\Agendas\Rcsolutions\Resolulions\2010\02-<l1.IO Bosh Engineerina1ne Construetion Contract CDC Reso_dol:
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1 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:
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Section 1.
The information set forth in the above recitals of this Resolution is true and
16 correct.
Section 2.
Subject to approval of the funding by the Mayor and Common Council and
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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 Contraetor
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 fulfiIl the
24 Agency's obligations under such Construction Contract are on deposit with the Agency
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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
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P:\AgendasIResolutions\ResolutionsUOIO\02-01-IO 80gb Engineering Inc Construction Contract CDC Reso.doc
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.
6 Commission.
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This Resolution shall take effect from and after its date of adoption by this
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE
AGENCY AND BOGH ENGINEERING, INC., FOR CONSTRUCTION OF
THE EASTSIDE SKATE PARK AT SPEICHER PARK LOCATED AT 1535
ARDEN AVENUE, SAN BERNARDINO (IVDA REDEVELOPMENT
PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
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Development Commission of the City of San Bernardino at a
9 thereof, held on the day of
10 Commission Members: Aves
11 ESTRADA
12 BAXTER
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
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21 The foregoing Resolution is hereby approved this
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26 Approved as to Form:
meeting
,2010, by the following vote to wit:
Navs
Abstain
Absent
Secretary
day of
,2010.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
27 By: \~ ~ --A I,I
28 A~el
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Exhibit "A"
Form of Construction Contract
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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
1
PUBLIC WORKS CONSTRUCTION CONTRACT
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
EAST SIDE SKATE PARK
1535 N. ARDEN AVENUE - SAN BERNARlNO, 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 21st 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: I) the
Notice of Inviting Bids; 2) the Instructions to Bidders; 3) this Contract; 4) Contractor'slBidder's Bid,
5) Contractor'slBidder's Statement of Experience; 6) Contractor'slBidder'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'slBidder's Certification
Concerning Clean Air and Water Pollution Control; 8) Contractor'slBidder's Certification Concerning
Designation of Subcontractors; 9) Non-Collusion Affidavit; 10) Contractor'slBidder's Certification
Relating to Campaign Contributions; 11) Contractor'sIBidder's Certification Concerning Worker's
Compensation Insurance; 12) Certification of Insurance Coverage; 13) Contractor'slBidder's
Certification Concerning Disadvantaged Business Enterprises (DBE) Information-Good Faith Efforts;
14) Contractor' sIBidder' s Certification Concerning Buy American; 15) Contractor'slBidder's
Certification Concerning Trade Restrictions; 16) Contractor' slBidder' s Certification Concerning
Labors Standards and Prevailing Wage Requirements; 17) Contractor'slBidder's Certification
Concerning Equal Employment Opportunity; 18) Contractor'slBidder's Certification Concerning
"Section 3" Clause; 19) Contractor'slBidder's and Vendors Certification Concerning Affirmative
Action Policy; 20) Contractor'slBidder'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 SpeGifications 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 (I) contract so that any work
called for in one (1) and not mc'ntioned in the other, or vice versa, is to be executed the same as if
mentioned in all said documen, The documents comprising the complete contract are hereinafter
referred to collectively as the "C .! tract Documents".
2. '1 'IE WORK. Contract(\/" 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 arJ: worker like manner as caIled for, and in the manner designated in,
2
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, coIlectively,
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 fuIl
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. AIl 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
3
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 fmal payment designated as
retention earnings. Also, for the purposes of this section, a partial payment request shall be considered
properly executed by the Agency, if funds are available to pay the partial payment request and
payment is not delayed due to an audit inquiry by the Agency's financial officer. The Agency will
release Contractor's retention earnings within forty-five (45) days after recordation of Notice of
Completion, as defined in California Civil Code Section 3093. Recordation ofa 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 wiIl
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 aIlowed 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.
1 I. 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
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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 oflien 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 shaIl 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@oacificheritageinc.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 foIlowing
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 ofthe following:
Products and Completed Operations Coverage
Owners and Suppliers Protection
Broad form Property Damage
Blanket Contractual Liability
Severability ofInterest 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 automotivelvehicle liability insurance on a commercial auto liability form covering
owned, non-owned and hired automobiles providing the following minimum limits ofliability:
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 (0) above are subject to the
following conditions:
I. 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
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
subcontractorlsuppliers 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 wiIl 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 wiIl be
paid unconditionally and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroIl 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 ljIld 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
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. Pavrolls 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 :l period of three (3) ye: ,thereafter for all laborers
and mechanics working at the site of the Project. Such records shall COI,. in the name, address, and
social security number of each such worker, his or her correct c1assiticatio:1 lOurly rates of wages paid
(including rates of contributions or costs anticipI.'d for bona fide fringe; nefits or cash equivalents
thereof of the types described in section I (b)(2)(l' ) Clfthe Davis-Bacon Act daily and weekly number
of hours worked, deductions made and actual wages paid. Whenever the~. ~retary 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
1 (b )(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual costs incurred in providing such benefits. If
the Contractor employs apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(2) (i) The Contractor shall submit weekly for each week in which any Contract
work is performed a copy of all payrolls to the Agency. The payroIls submitted shall set out accurately
and completely all of the information required to be maintained under paragraph c(l) 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. Govemment 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(l) 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(l) 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. Aoorentices and Trainees.
(I) Aoorentices. Apprentices wiIl 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 shaIl 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 Emplovrnent OpDortunitv. 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 CoDe land 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 Ii. 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 Eligibilitv.
(1) By entering into this contract, the Contractor certifies that neither it (nor he or
she) nClr any person or firm who has an interest in the Contractor's firm is a person or fIrm ineligible to
be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.l2(a)(l).
(2) No part of this contract shall be subcontracted to any person or firm ineligible
for award c;' . Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.l2(a)(I). .
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.
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-halftimes the basic rate of pay for all hours worked in
excess offorty (40) hours in such workweek, whichever is greater.
b. Violation; Liabilitv for Unpaid Wages; Liquidated Damages. In the event of any
violation of the clause set forth in paragraph a. above, the Contractor and any Subcontractor
responsible therefore shaIl 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 UnDaid 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. NONDISCRIMINA nON. 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.
I3
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 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 interpn,t 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 fOf the Agency's convenience Of 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 femedies of the Agency provided in this clause are in additioa to any
other rights and remedies provided by law or under this contract.
1:'i
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 shan 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 shan 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 (! 5 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 (pub,lic Law 94-
163) ~
32. PROTECTION. The Contractor shall at all times provide protection against weather, rain, wind,
storm and heat so as to maintain an 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
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.
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 fmds that the conditions
do materiaIly 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 oflthe City Municipal Code, together with any and all other licenses, contractor license, pennits,
qualification, insurance and approvals of whatever nature that are legaIly required to be maintained by
the Contractor to conduct its business activities within the City.
1//
1//
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:
Type or Print Contractor'slBidder's Business Address (City, State and Zip Code)
Contractor License Classification
Contractor's License
Bond Number
Contractor's License Expiration Date
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" andl 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 OBLIGA nON 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
[SIGNATURE OF AUTHORIZED PRINCIPAL/OFFICER
REPRESENTATIVE OF SURETY COMPANY]
By
[SIGNATURE OF AUlBORIZED PRINCIPAL/OFFICER
REPRESENTATIVE OF CONTRACTOR]
[TYPE OR PRINT NAME OF CONTRACTOR]
[TYPE OR PRINT NAME OF SURETY COMPANY]
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
DoIlars ($ ), said
sum being (IOO% 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 hisl 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 persop, 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
day of
set our hands and seals on this
,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
and hisl her own name as Attorney in Fact.
thereto as Surety,
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
OF CONTRACTOR]
[TYPE OR PRINT NAME AND ADDRESS
OF INSURANCE COMPANY AND/ OR AGENCT]
[NAME]
[NAME]
[ADDRESS]
[ADDRESS]
[SIGNATURE OF AUTHORIZED PRlNCIPALI
OFFICER! REPRESENT A TNE]
[SIGNATURE OF AUTHORIZED PRINCIPAL!
OFFICER! REPRESENTATNE]
[TYPE OR PRINT NAME OF AUTHORIZED
PRlNCIP ALl OFFICER! REPRESENT A TNE]
[TYPE OR PRINT NAME OF AUTHORIZED
PRlNCIP ALl OFFICER! REPRESENT A TNE]
[TYPE OR PRINT TITLE OF AUTHORIZED
PRINCIP ALl OFFICER! REPRESENT A TNE]
[TYPE OR PRINT TITLE OF AUTHORIZED
PRINCIP ALl OFFICER! REPRESENT A TNE]
[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
22
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
RedeveloDment AlZencv of the Citv 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 I 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