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HomeMy WebLinkAboutR34-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ORIGINAL \ FROM: Maggie Pacheco Deputy Director SUBJECT: AWARD OF A CONSTRUCTION CONTRACT FOR IMPROVEMENTS TO THE CALIFORNIA THEATRE LOCATED AT 562 WEST 4TH STREET - CENTRAL CITY NORTH (DOWNTOWN) REDEVELOPMENT PROJECT AREA DATE: April 19, 2005 ---------------------------------------------------------------------------------------- Svnonsis of Frevious Commission/Council/Committee Aclion(s): On March 22, 2005, Redevelopment Committee Members Estrada, Longville, and McGinnis recommended approval of the award of the contract to S3 Construction, subject to Agency Counsel approval as noted in this Staff Report. On April 19, 2005, Redevelopment Committee Members Estrada and Longville voted to recommend that the Community Development Commission consider this action for approval. ------------------------------------------------------------------------------------------------------- Recommended Motion(s): MOTION: (CommnDity Develonment Commission) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE IMPROVEMENTS TO THE CALIFORNIA THEATRE Contact Person(s): Gary Van OsdellMaggie Pacheco Central City North Phone: (909) 663-1044 I Project Area(s) Ward(s): Supporting Data Attached: Ii'l Staff Report Ii'l Resolution( s) Ii'l Agreement( s )/Contract( s) 0 Map( s) 0 Letters FUNDING REQUIREMENTS Amount: $ 1,601,955 CDBG, Central City Bond Proceeds and State Source: College Golf Course Lease Payments Budget Authority: SIGNATURE: Pacheco, Deputy Director {I1J~.Ij-o O!, ~ 1'/ I . P:\Agendas\Conun Dcv CoTMlission\CDC 2005\05-05-02 California ThcaIrc-Award of Contract SR.dIx; COMMISSION MEETING AGENDA Meeting Date: 05/02/2005 Agenda Item Number: ~ ECONOMIC DEVELOPMENT AGENCY STAFF REPORT AWARD OF A CONSTRUCTION CONTRACT FOR IMPROVEMENTS TO THE CALIFORNIA THEATRE LOCATED AT 562 WEST 4TH STREET CENTRAL CITY NORTH (DOWNTOWN) REDEVELOPMENT PROJECT AREA BACKGROUND: In April 2004, the Mayor and Common Council allocated $600,000 from the Community Development Block Orant ("CDBO") funds for the interior and exterior renovation to the 2nd floor of the California Theatre located at 562 West 4th Street, San Bernardino ("Theatre"). The Theatre has been owned, operated, and maintained by the Agency since 1994. The renovation improvements include, but are not limited to the following items: restoration of a currently unused 2nd floor room and conversion of that 2nd floor room into a banquet/dining/lecture room, food service room (serve-only), employee dressing room, waitress areas, and installation of a new turnkey elevator ("Improvements"). Based upon approved plans and specifications, during the swnmer of 2004, Agency Staff solicited bids from a short list of qualified general contractors to complete the work described above. The bids received ranged from $750,000 to $780,000. However, after bidding the work and a thorough walk through of the Theatre, it was discovered that a nwnber of structural items and accessibility improvements (i.e., relocation of HV AC equipment, fastening of roof rafters, structural flooring capacity, asbestos and lead-based paint abatement, accessible main entry/exit automatic doors, accessible 2nd floor men's and women's restrooms) were not originally addressed in the approved plans; thus, the plans had to be modified to reflect the new work and cost of the renovation is now expected to exceed the high bid of $780,000. Due to the nwnerous unforeseen items and foreseeing possible change orders, the bids were rejected. Moreover, due to the accessible issues raised by Building and Safety Manager, on October 13, 2004, Staff submitted a request to the Access Appeal Board seeking an exception to the State of California 2000 Disabled Accessibility Act (ADA), based on "Unreasonable Hardship;', to phase-in/defer the required ADA improvements over a period of 3 to 5 years to minimize the Agency's costs and in order to proceed with restoration of the 2nd floor. The Agency's request to defer the ADA improvements was granted in accordance with the schedule in the Staff Report dated October 6,2004 (Attachment I), as prepared by the City's Building Official. The Agency was also required to obtain other governmental approvals for the Improvements. The Agency submitted a request to the City of San Bernardino Fire Department seeking an exception to the elevator size required for the medical gwney non-compliance. On August 24, 2004, the Fire Department granted the Agency gwney non- compliance for the elevator. In addition, on October 1, 2004, the Agency received confirmation from the State of California Office of Historic Preservation that the proposed Improvements would not violate any of the Secretary of the Interior's Standards; thus, allowing the Agency to use CDBO funds for the Improvements. P'\Ag:endas\Corrun Dev CommissionICOC 200S\OS..nS-02 California Theatre-Award of Contract SRdoc COMMISSION MEETING AGENDA Meeting Date: 05/02/2005 Agenda Item Number: R- 3 <j Economic Development Agency Staff Report California Theatre-Award of Contract for Inland Acoustic, Inc. Page 2 After the accessible matters were resolved, Staff commenced to work on rectifying the various unforeseen construction items addressed by the bidding contractors that were not included in the original construction plans. Staff then initiated necessary exploratory work in the Theatre to answer the structure problems raised and addressed by the two (2) contractors in the initial bidding. A new architect was retained along with a general contractor to perform certain exploratory work, address all the new findings, and complete the construction plans before going out to bid again. Several of the issues resolved were as followed: structurally permitted location for the elevator between the Theatre's structural grid; structural upgrades and ties for existing flooring, roofing and wall system; proper callout and placement of the HV AC system; accurate plumbing lines (water supply and waste lines); fire-rated wall separations; building details; testing for materials containing asbestos and lead- based paint; accessibility requirements such as main entry/exit doors, ramps and upgrades on the 2nd floor women's and men's restrooms. Finally, on March 22, 2005, Staff presented to the Redevelopment Committee an Agenda Item requesting to award a construction contract for Improvements to S3 Construction for $1,090,290. S3 Construction was the only submitted bid. This bid included the base bid and alternatives 1-8; however, it did not include the required bonds and insurance costs as requested by the bid instructions. Consequently, Staff disapproved the bid and commenced direct contract negotiations with S3 Construction. These negotiations were commenced as a result of the understanding between Staff and Agency Special Counsel that once the Agency complied with all Public Contracts Code provisions and was unable to obtain any bids that the Agency could directly select and negotiate with any contractor to insure the timely completion of the Improvements and without re-bidding the work. However, Agency Counsel questioned the interpretation of the specific Public Contracts Code, and recommended that further research will need to take place on the matter prior to forwarding the recommendation of awarding the Contract to the Commission. As a result, the Redevelopment Committee recommended approval of the award of the contract to S3 Construction, subject to Agency Counsel rendering an opinion on whether the Agency could award a contract without re-bidding the work. Hence, Agency Counsel opined that the Improvements would need to be re-bidded. In light of new facts, on April 19, 2005, the Redevelopment Committee reconsidered this item and voted to move the item for Community Development Commission approval. CURRENT ISSUE: On March 23, 2005, an advertisement for general contractors was noticed on the following days, March 26, 30 and April 2, 2005 in the Sun Newspaper and a revised bid package for the Theatre was made available. On April 12, 2005, although five contractors picked up plans (Mike Fischer Plumbing Construction, Inland Acoustic, Inc., JM Builders, Inc., Arrowhead Mechanical, Inc., and Skyline Construction, Inc.), only three (3) bids were received in the sums ranging from $1,393,039- $2,046,650. These bids included the Base Bid and Bid Alternatives I through 8. The lowest responsible bidder was Inland Acoustic, Inc. in the sum of$I,393,039. (See Attachment II) Inland Acoustics, Inc. ("Inland"), located at 323 S. Sierra Way, San Bernardino, has an extensive background in construction, and has been in business for more 25 years. Inland has completed and has various on-going types of construction projects ranging from new to tenant improvement construction, from retail to commercial, educational, financial, governmental, industrial, and P:\Agendas\Comm Dev Commission\COC 2005105-05-02 California Theatre-Award ofConlract SR_doc COMMISSION MEETING AGENDA Meeting Date: 05/02/2005 Agenda Item Number: ~ Economic Development Agency Staff Report California Theatre-Award of Contract for Inland Acoustic, Inc. Page 3 historical buildings ("Project"). Their Project contract amounts range from $1- $1.9 million. Their current and past clients include, but are not limited to Southern California Edison, Stater Bros., The Gas Company, Pomona First Federal, Hewitt Packard, San Bernardino Unified School District, and Riverside Unified School District. Inland Acoustic, Inc. is a full service interior/tenant improvement/specialty contractor that consists of five (5) divisions as follows: acoustical ceilings, heating and air conditioning, general contracting, window coverings, and signage. The configuration of the different divisions allows the company to package or contract each division on a stand-alone basis. Assuming the award of the contract occurs by May 2005, the construction would commence immediately following the Theatre's dark season beginning June 10, 2005, and majority of the Improvements (assuming no unforeseen circumstances) would be completed by September 30,2005. This is the period when there are no scheduled performances at the Theatre; hence, the proposed construction schedule is intended to minimize the disruption of the Theatre business managed by Theatrical Arts International. It should be further noted that in order to accommodate the construction of the Improvements, TAl will have to temporarily be relocated from their offices in the Theatre to a nearby office location. ENVIRONMENTAL IMPACT: Any enviromnental concerns were cleared through the National Enviromnental Protection Act (NEP A) process and no negative impacts were found. In addition, in accordance with CEQA, the construction of the Improvements is Categorically Exempt pursuant to Section 15301, Existing Facilities, and a Notice of Exemption will be filed with the San Bernardino County Clerk. FISCAL IMPACT: A total of $1,601,955 will be budgeted for the Improvements from the following sources: $600,000 CDBG funds; and $1,001,955 from Central City Bond Proceeds and State College Golf Course Lease Payments. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Maggie Pacheco, Deputy Director P:\Agenc:\all\Corrm Dev Conunission\CDC 2005\0.5-05-02 California 'fhcatre.Award ofContTacl SRdoc - COMMISSION MEETING AGENDA Meeting Date: 05/02/2005 Agenda Item Number: ~ ATTACHMENT I CITY OF SAN BERNARDINO - ACCESS APPEALS BOARD StaR Report HEARING DATE: OctObe!} 2004 SUBJECT: Ratification by the Access Appeals Board of an Unreasonable Hardship Exception for the California Theatre Banquet Facility Project SUBJECT ADDRESS: 562 West 4th Street APPLICANT: San Bernardino Economic Development Agency BACKGROUND: The project consists of the conversion of a vacant space to a banquet facility on the second floor of the California Theatre. The theatre is a qualified historical building. In order to comply with CBC 1134B the following improvements will be required: 1. Primary Entrance and Path of Travel A set of automatic (power assisted) doors will be provided at the main entrance to the theatre due to a lack oflevellandings as allowed by the California Historical Building Code, Section 8-603.3. _ An elevator will be installed to provide access from the theatre lobby to the banquet facility on the second floor. _ Ramps and handrails on the second floor will be installed to provide access to the banquet facility. 2. The men's and women's restrooms on the second floor which will serve the area of remodel are required to be altered to be accessible to persons with disabilities. In lieu of making these restrooms accessible, the California Historical Building Code, Section 8-603.4 would permit the installation of one unisex restroom. The applicant, the San Bernardino Economic Development Agency, has requested an unreasonable hardship exception to allow the reconstruction of the restrooms to be deferred and phased-in. The project is funded by federal block grants and currently available funding is not adequate to complete the project with all accessibility improvements. ANALYSIS: The proposed remodel to create a banquet room on the second floor of the theatre triggers certain accessibility requirements pursuant to CBC 1 134B.2.1. These requirements include an accessible primary entrance to the building, an accessible path of travel to the area of remodel, accessible restrooms, drinking fountains and public telephones serving the area of remodel. There are no drinking fountains or public telephones existing or proposed. Pursuant to CBC Section 222, an Unreasonable Hardship exists when the enforcing agency finds that compliance with the building standard would make the specific work of the project unfeasible, based on an overall evaluation of the following factors: 1) the cost of providing access, 2) the cost of all construction contemplated, 3) the impact of accessibility improvements on the financial feasibility of the project, 4) the nature of the accessibility gained or lost, and 5) the nature of nse of the facility and its availability to persons with disabilities. The following is a summary of these factors in the instant case: 1. THE TYPE OF FACILITY IS: Banauet Facilitvrrheatre 2. THE FACILITY IS USED BY THE PUBLIC FOR: _ Civic Functions. Banauets. Lectures. in Conjunction With the Live Performance Theatre . 3. THE COST OF PROVIDING ALL REQUIRED ACCESS FEATURES (pursuant to CBC 1134B): $ 365.500 4. THE TOTAL COST OF CONSTRUCTION OF THE FACILITY (without required access features): $575.000 5. THE IMPACT OF THE ACCESSIBILITY IMPROVEMENTS ON THE FINANCIAL FEASIBILITY OF THE PROJECT: The would increase the cost of the project by ~ercent. Based on the currently available grant funding this increase in costs would make the project financially infeasible. The Unreasonable Hardship Exception was granted by the Department based on the fact that the costs of accessibility improvements are disproportionate to the overall cost of construction, and increase the overall cost of the project by 64% from $575,000 to $940,500, thus making the project financially infeasi1:>le. The applicant's proposal to phase-in the required upgrades (See Attachment B) to the restroom facilities would result in full compliance, albeit on a deferred basis. Phase 1 of the project would include the remodel to the banquet facility and the entrance and path of travel requirements (Le. automatic doors, elevator, and ramps) the latter of which adds $202,000 or 35% to the cost of the project. This disproportionate cost of greater than 20 percent justifies the approval of the unreasonable hardship. As noted earlier, an alternate approach would be to provide one unisex restroom as permitted by the California Historical Building Code, Section 8-603.4. The applicant feels that the facility and its patrons, disabled and able-bodied alike would be better served by expending the additional funds to retrofit the outdated multi-accommodation men's and women's restrooms. If full funding to complete Phases II and III could not be obtained within the timeframe stipulated, then the EDA could comply by installing the unisex restroom. Pursuant to CBC Section 1104B.5 and 101.17.11 the findings and determination of the Department are subject to ratification by the Access Appeal Board. STAFF RECOMMENDATION: That the Access Appeals Board ratifY the Department's approval of the Unreasonable Hardship Exception to allow the construction of required restroom upgrades to be phased-in in accordance with the schedule in the application (attachment B), and If funding cannot be secured to complete the retrofit of the multi-accommodation restrooms within one yj:aI, then a unisex restroom shall be installed. Attachments: A. Notice of Action By the Building Official date Sept. 24, 2004 B. Memorandum from the Economic Development Agency dated Sept. 23, 2004 Attachment A NOTICE OF ACTION BY TIlE BmLDING OFFICIAL IN REGARDS TO UNREASONABLE HARDSHIP APPLICATION September 24, 2004 Maggie Pacheco, Deputy Director Econornic Development Agency 201 North E Street San Bernardino, CA 92418 RE: Projeet Address: 562 West 4th Street Permit No. 80302685. Project Name: California Theatre Banquet Facilitv Dear Ms. Pacheco, An application for an unreasonable hardship exception has been filed with this office. The following action was taken: [ ] The above referenced project has been denied an unreasonable hardship exception under CCR Title 24, Part 2, CBC Section 1134B. The reasons for denial are: [X] The above referenced project has been granted an unreasonable hardship exception from the requirements of the State of California Disabled Access Regulations Pursuant to CCR Title 24, CBC SecMn 11048.5 and 1134B. Th!$. e:x;c4lptionapplies ol'dy to the following accellsibility feature(s): Acc4llJSible~...stUlthesDOnd floor. the construction of which is to be deferred based on the schedule contained in the attached memorandum dated September 21. 2004. All other accessibility features required pursuant to CBC Section 1134B must be provided and the cost of these improvements must be at least 20 percent of the project costs. The cost of these features is $ 202.000, which is greater than or equal to $ 115.000 (project costs: $575.000 X .20). These required improvements include: - see list of imorovements contained in the BDolication - A2 The following findings are made: 1. TIlE TYPE OF FACILITY IS: Banauet FacilitvfIheatre 2. TIlE FACILITY IS USED BY TIlE PUBLIC FOR: _ Civic Functions. Banauets. Lectures. in Coni unction With the Live Perfonnance Theatre . 3. TIlE COST OF PROVIDING ALL REQUIRED ACCESS FEATURES (pursuant to CBC 1134B): $ 365.500 4. THE TOTAL COST OF CONSTRUCTION OF TIlE FACILITY (without required access features): $575.000 5. TIlE TITLE 24 ACCESSIBILITY IMPROVEMENTS WOULD IMPACT ON TIlE FINANCIAL FEASIBILITY OF TIlE PROJECT AS FOLLOWS: Would increase the cost of the project by 64 percent. COMMENTARY: The project consists of the conversion of a vacant space to a banquet facility on the second floor of the California Theatre. The theatre is a qualified historical building. In order to comply with CBC 1134B the following improvements will be required: I. Primary Entrance and Path of Travel A set of automatic (power assisted) doors will be provided at the main entrance to the theatre due to a lack of level landings as allowed by the California Historical Building Code, Section 8-603.3. An elevator will be installed to provide access from the theatre lobby to the banquet facility on the second floor. Ramps and handrails on the second floor will be installed to provide access to the banquet facility. 2. The men's and women's restrooms.on the second floor which will serve the area of remodel will be reconstructed to be accessible to persons with disabilities. The applicant, the San Bernardino Economic Development Agency, has requested an unreasonable hardship exception to allow the reconstruction of the restrooms to be deferred and phased-in. The project is funded by federal block grants and the currently available funding is not adequate to complete the project with all accessibility improvements. This Unreasonable Hardship Exception is granted based on the fact that the costs of accessibility improvements are disproportionate to the overall cost of construction, and increase the overall cost of the project by 64% from $575,000 to $940,500. 2 A3 Pursuant to CBC 1104B.5 this approval is subject to ratification by the Access Appeals Board. The following person provided information for the above referenced project. Name:Mal!lrie Pacheco and Paul Guerrero Telephone: 909-663-1044 Firm: San Bernardino City Economic Develooment Al!encY Address: 201 N. E Street. San Bernardino. CA 92418 PLEASE TAKE NOTICE that if you disagree with this determination, you may appeal to the Access Appeals Board. An application for appeal is attached. An application for appeal shall be filed with the City Clerks Office located at City Hall, 300 North D Street, Second Floor, San Bernardino, CA 92418. If you should have any questions regarding this matter please contact the undersigned at 909-384-5171. Sincerely, JOse~ Building Official n:UR CC: James Funk, Director Inspector HD file 3 /17T/lC-Anc;wT fi ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MEMORANDUM TO: Joe Lease, Building Official FROM: Maggie Pacheco, Deputy Director SUBJECT: EXCEPTION DUE TO UNREASONABLE HARDSHIP FROM ACCESSIBILITY GUIDELINES - CALIFORNIA THEATRE, 562 WEST 4TH STREET DATE: September 23,2004 COPIES: Mayor Judith Valles, Councilmember Estrada, Paul Guerrero, James Willmott, and Gary Van Osdel, File ENCLOSURE: Copies of Ground and Balcony Diagrams and Photographs. REQUEST The Redevelopment Agency of San Bernardino (the "Agency") is requesting an exception to the State of California 2000 Disabled Accessibility Act, under Section "Unreasonable Hardship" (I- 5), administered by the City's Building Division to phase-in the required accessibility improvements over a period of 3 to 5 years for the proposed renovation of the existing two-story California Theatre (the "Theatre"). BACKGROUND The Agency is proposing interior/exterior renovation to the second floor of the Theatre that will include: a second floor banquet/dining/lecture room, food service room (serve-only), dressing room, waitress areas, installation of an elevator and second floor ramps for handicap accessibility. The allocated approved budget for the renovation of the Theatre is $600,000 from Federal Community Development Block Grant funds. A construction estimate based on the approved plans dated Febrtlary 18, 20M, the. total construction cost was . estimated at $7:60,000. However, due to discovered structural items not originally addressed in the approved plans, the Agency anticipates the construction cost to exceed $760,000. The $760,000 did not take into consideration all the necessary accessible improvements required under the Act because the original Architect assumed that the Theatre was handicap accessible. Given this, it is the Agency understanding that the overall construction budget could indeed be approaching the $1 million range. Due to budget constraints, in order to accomplish these improvements, it will be necessary for the Agency to complete these needed improvements in phases as funds are appropriated by the Mayor and Common Council/Community Development Commission. ANALYSIS Based on the provisions under the Act, the Agency submits the following information to assist you in rendering an exception decision in this matter: 82 1) The cost of providing access: The estimated cost for providing accessible elements along the path of travel from the first to the second floor of the Theatre's banquet/dining/lecture room: Item Activity Description (Items A - C) Cost A. I). Installation of main entrance/exit automatic doors (I set) $ 10,500 2). Installation of an elevator (hoist way and car) $185,000 3). Installation of accessible ramps and rails $ 6,500 Snbtotal Estimated Costs (A): $202,000 B. 1). Men's 2nd floor Restroom Renovation and Accessible Improvements $ 66,000 C. I). Women's 2nd floor Restroom Renovation and Accessible Improvements $ 97,500 Subtotal Estimated Costs (B and C): $163,500 Total Estimated Cost for Providing Access (A, B, and C): $365,500 2) The cost of all construction without access improvement contemplated: The first cost estimate of construction without access improvements IS contemplated at $575,000. 3) The impact of access improvements on financial feasibility of the project: The impact of the proposed improvements on financial feasibility of the project is an increase of $365,500 over the estimate cost of $575,000. The required accessibility improvements increased the costs of the project by 64%. The project is proposed to be funded by Federal Community Development Block Grant funds. The current funding in the amount of $600,000 is not adequate to complete the project with all the required access improvements. Thus, the accessibility improvements make the project financially infeasible unless the improvements can be accomplished in phases. Given these costs, the Agency does not presently have enough financial resources to address the necessary improvements concurrently. Therefore, we are requesting that the required improvements be allowed to be phased-in as follows: The proposed phases are as follows: PHASES OF ACCESSmLE CONSTRUCTION (Items A-C) Item FY 2005-2006 Cost Accumulated % of Construction Cost A. Main Entrance/Exit Automatic Door-(1 set) $10,500 ($202,000 / $575,000) Elevator - Hoist way and Car $185,000 35% Accessible Ramps and Handrails $6,500 B. FY 2006-2007 Cost Accumulated % of Construction Cost Men's 2nd floor Restroom Renovation $66,000 ($268,000 / $575,000) and Accessible Improvement 47% 2 63 C. FY 2007-2008 Cost Accumulated % of Construction Cost Women's 2nd floor Restroom Renovation $97,500 ($365,500 / $575,000) and Accessible Improvement 64% 4) The nature of the accessibility which would be gained or lost: The following are the accessibility items that would be gained in the path of travel: A. Accessible main entrance/exit with the automatic doors - (1 set); B. Direct access to the second floor with the installation of the elevator; C. Direct access from the second floor down into the banquet/dining/lecture room with the installation of the ramps and handrails; D. Accessible 2nd floor men's restroom; E. Accessible 2nd floor women's restroom and F. No public telephones or drinking fountains are planned in the renovation. 5) The nature of use of the facility under construction and its availability to persons with disabilities: The California Theatre, a qualified national historical building, is a cornerstone of the downtown revitalization efforts of the City of San Bernardino and is now adjacent to a 20- screen multiplex movie theater effectively creating an entertainment district in the heart of downtown. The current use of the Theatre consists of a community multi-use facility that includes live production performances, pre and post receptions, civic functions and lectures open to the general public. The proposed banquet facility will be available to civic organizations and Theatre patrons. It will provide a venue for pre and post receptions, lectures, art exhibitions, civic functions, and for the various arts groups to carry out fundraisers to support and market their programs. The Theatre has estimated that the majority of patrons are over 40 years old and that the percentage of disabled patrons is likely to be relatively high in comparison to typical public accommodations. ADDITIONAL BACKGROND The Agency has provided information depicting the honeycomb concrete structure of the Theatre bllilt in 1928. The Theatre's noncflexible honeycom.bstructure and floor plan provides 6Illyone feasible location for an accessible elevator, the east hallway in an existing bathroom spaced between the honeycomb concrete structure. Other locations available for elevator placement, such as, the exterior west and east wall of the Theatre adjacent to the lobby, the west hallway in the women's restroom and the center of lobby area are not feasible based on the architecture of the Theatre, Theatre's lobby/patron circulation, encroachment onto adjacent properties, and monetary availability. CONCLUSION The Agency requests approval from the Access Appeal Commission to phase-in the construction of the mandated accessibility improvements over a period of 3 to 5 years due to the noted budget constraints. 3 'L A?jacent E'roperty. NOTE: IV/ C?~ OTHER PROPOSED - ELEVATORS !"::~?1 -'-p7r ~ - ---- ,~ ~ j :';:/.' ,',~~\--._- '~'''''EXITCORRIDOR ~2.l /.:/:/,:':,,' ,'/,:-,,:,/.;I,,:./,.':'/',~~ . ','~ , _,' _:. .. ~ _', . " l..; ~ --', ('T Breezeway "" .... :I: VI .... ::u m m .... :1 5iAGsE i5~ ~7 : l- , ) : } , , 1:,0>' :: f} ';1 1) I } t ~I ~ _,__- ~..J__'...~.-'-'_l l ;~'\ \ ___ _____ ---'" I' TICKET -OFFiCE"""" - - - r , ", '.\ , \-,rl-1-;-"';....,-;\~.~-r;'.~,-;." 'f;~'~', ~,II ~ O ' ~ ~ " ~ " " " '. " \ ',", " ; " " ; " " " \ \ \ \ '., \ \ '" ", " \ I., \ '; "', ~\ ',' ,',',', \. ., \, ", ", '. ". , ,',' ,\ <.l' WILL Rc::GERS ~ ~ , ' " " " " " \ " '\ " " " " '\ \ \ \ o ROO'"1 . : " . ." , , ' " " '. ... ... " ',- 1 ~ c~;A~.::-~o~ T, 4- Adjacent Property iL~ Theater's Existing Orchestra Level Plan (NTSI Theater's Existing Balcony Level Plan (NTSI !-1 ATTACHMENT 1 " I' .,'" j, :' i; I',',', ,':.: " . ii' ",., i:'::':':' (:'i/,/,//',il /.../ ':,' ",':,';'; " ,'f . I J' ",,. . _J'.L; .J'_:_;; .;'.:, i .l'_;' i ~ . ".'- _ ., _,' ...- T .... . ,- ~ ., -t.. I " ,t! : -'-r t " , , , :- 711 , i>~?1 ~ ~Or~!- Ul'1N ~ r t . .. ., ,~t'/l"ilh///' /,i.' '; "f:., ,/,/ ,/ / ,/ /' / i ,Ii! !il(,Iiii~ " 1" li'.J" ,.,' I ; $1, ILftrtrtlli7rJi t:~,i , ---l~' I 1'''''1 ,j', I' I Ii; II' 1 I, : I' I II J l i If t,' '''Iii',!,! i i 111111 . ii ii q " 1 i, lNOCCUP. -!'\, ~ ~ VI .... ::0 m m .... o , \, o \ ',' jl, \.J'..lQCCUO. 3 ~ .. u.. 5TA':3EUOjSE !?:;- CALIFORNIA THEATRE 562 West 4th Street, San bernardino Path of Travel ... ,oI\.~ ~ ..-..,...~~:. .-s.",~.~';:,.~_.." . ',~~ ..'h - ;,~'~~ ----- "". Front Exterior Elevation Proposed Entry/Exit Automatic Doors 1 Set Front Interior Lobby Elevation Proposed Entry/Exit Automatic Doors 1 Set ATTACHMENT 2 Proposed First Floor Elevator Location ~ I Proposed Second Floor Elevator Location 8(", ~ p~:~~ ~4:D:~f~~ i~ Proposed Close-Up of Elevator Location f'::t.- "" .3t:!6 l);-fi~~ j;~/~,~~,~~ '\', '" Proposed Close-Up of Elevator Location ATTACHMENT 3 6/ .'11II..... :;~~~~~~f:Q:=t~~~'Q;l;p~.r. ',",~"."..,_:",:.",.~_:1.iIf;'f-' ;~,.'. ~~i'.v ." . - <". '~,'-'" .7. ,~;, ' ~~:'.~~:' :';.'" 01,-' Front 2nd Floor Elevation Theater Side Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room /.;';-UlL'~ . . "I ',' "'''''''''''bll~a .:"","" I,,' A>, . ~, (a,'," '~, C~., I .'" "1'~" :.~... :~ '.. I ;"~ ..por' ..., . ,~8~t"'~', I I O{:-:}'{~~t L~h}," i i~ . ,: I I . . I J i _____________ ,..~"""I--._._,...,.~ .. .,...-l':"~'!"",7' ,''h. ..:I.~i-,. ~..~' ~; ~,~ ;,;. ,; ,. Floor Line j 8" - 9" Differenc I .f";jo<.:'.c.. :';'?' Front 2nd Floor Elevation Banquet Side Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room PLATFORM AREA ATTACHMENT 4 g8 Front 2nd Floor Elevation Banquet Side Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room of / p.'~~'-~_~~i !.~ "~.......,.,,__ J,:'"..~. ...,: ,Ih_ ~':1" "}y :..~ '''O;';\~t ~.~ . Front 2nd Floor Elevation Banquet Side Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room ATTACHMENT 5 ,15'7 "'~'~~7"7~t:, > ;-i; '" Front 2nd Floor Elevation Banquet Side Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room j,' ~ ;'.il~"i?f.:;j,~.i;;l ;~ Front 2nd Floor Elevation Banquet Side Proposed Entry/Exit Doors to Accessible Ramps to Banquet/Dining/Lecture Room ATTACHMENT 6 /3/0 Other Location Available for Elevator Placement Location Was Evaluated and Found Not Feasible due to Alteration/Disruption of the Historical Fabric of the Building Interior Elevation of Centralized Stairwell in the Lobby Lobby/Elevator *Interrupts the Theater's Lobby/Patron Circulation (Safety Issue) and Takes Up Valuable Floor Space on First and Second Floor. ATTACHMENT 7 Other Location Available For Elevator Location Locatiyns Were Evalu~d Found Not Feasible l..';'..'.'.".' . i. '.'1'4~~ ',,,,.., t. €. ~ ",,!,.(':.,,! , , rn~~.'>'C, ~"r .'" ~ '''. .de r / ~, ~ '\J::J ./, "-'1:~ " I. I'rt: , /.,! , "..' ,'<<i .~, 11, , 1 ,; ;' , . II:~~_-;~ .~~~ "-'--' " ,tj'ii.< ,):' .r. /- t~ .'1<" / J i '., "c. ''J/~! ",... J ~'. .1>.-' " ,[" Exterior West Elevation Lobby Elevator Encroachment onto Adjacent Property and requires Women's 1 st and 2nd Floor Restroom Reconfiguration ~ Exterior East Elevation Lobby Elevator Encroachment onto Adjacent Property and requires Men's 1 st and 2nd Floor Restroom Reconfiguration ~// ATTACHMENT 8 CUT T-4R X 6'.gR 1.111". HOle IN S- CONCRETE SLAB FOR ELEVATOR '~;;'J'" .~;-;'r:J:,:t.~.~~ <0 i- i ! i i J.._.,. 0> '" ;'^,..-- _:-:.;...;;:-_._.-",:-"_~___~'"::.:di NEW ELEVATOR SHAFT WAllS TO TQP OF ElEVATOR SHAFT DEMO OR RELOCATE ALL PIPING AND CONDUITS FROM AREA OF elEVATOR SHAFT BUILD DECK 'NITH 3Q'"X30" A.CCE.$S ABOVE NEW MACHINE ROOM 1317- I , .~~ : it~x IJ!J ~~ ~!t -.- - 9'6 .--.- - ~ EXISTING i~,: OECK AREA WITH PIPING AROUND EOOE ABOVE MENS RESTROOM cal.theater plans-A.PL l.PB3 7/24/04 ATTIC ABOVE FIRST FLOOR ....:. '. 9 ELECTRIO.L OlD COVERED OVER ~CONOUlTS '-4..7.3~ I.' 1I4R ELECTRICAL PA.NEL IN CONe AND2-VENT ~IPf TJ-lISAREA :~~L~\~J~~7+6~;~~~ .....- _____~_ ____ .-.--"- ---- 24'1------.-------- -.- - .-. -. .------ 00-_ _ _ -- ----- --.-" 22'3--- __ :-.8'4 ----- < ' - -- 6'11 .. '1---76 n' -'-- ~ - . 14'5--1+---.-::------1"'10 'r--6'--, .t. "s.... I i I "i /. I' '}."S , ~. 1 a::! ! j i I ~ ,_. 3" --:. .1 I. .,..CONCRETE BEAM ABOVE . I' "'. ..-9'6-' 3 . , ,,;; w- 711 -~ i-- 4'6; i h j ~ ! r-l ,-- " ~~_! (__', -;-; : : qlsnNG MENS RESTROOM ICONCRETE WAlLS ,i : : !! : : : : / :: 1 J 1 I , I .:: ! l'allicacceu!.1 ' '., IJ lJ-;'O' 'po .,-' ,'-' , , : : X' , CONC BEAMS"AB<(VE: IOSP-' " ! I : s' p8fl61 : , I' "- ,I ~51pan~ 1 i,' I ' , , l' " J ,! : : , l , j-.-'--3'6-->oI i.,..---3'S-- r' - 2'11--1 ",,:---:-5'6----:---': NOTE.ALLiM~SUREMENTS ':: : : : : ARE TO CONcRE:n,.BASE. n___u_~ ~m_ mm - - __ _; :_u - -- -; : WALLS LESS-EURJt:lG.;>.NU u u - u - , ,n - - - - - - - - - u - -cal-theater-plan6-A-, Pl1.PL ,: ARE PLUS: OR MINUS(VERlfY) , : 'EXIS1:ING FLOOR PLAN EXISTING HOlE CUT 'N" "CONC. FlOOR ABOVE 7/24/04 ATTACHMENT 9 -- I " 0 ...1'tC1l .., flOOR lOony ~ ~ !? t! ~ 7" cone. wall r i ! jJJl ::ONCRETE ~ ~ ;.... , I ----10,7=:=il@] ~ 3070 8~] cal-lhealer-2nd f1.hamingPl1 712 5104 FRAMING BUllOOUT slorage tlf'...,~ HHOW ,- emp_ dress o ~ o n _Jl 'OllO 3010 ,., . '" 5" ~-1'9~;f~U : II , !' DINNING ROOM II ,rlJ1Ml lo..ULOOt'IlOllf!Y ,. 3070 " I .- I,_~L" _:"1 " 11'4 FOOD SERVICE .....YlllIldC......-.'.. mens restroom "6 o I ,~."""...... I: h"u", ", .......... ~,. o,hj_ h...... , P. I, ii' " " E)[U ,', ~ '" o Iii 1__,__ 4010 51!:" ~ ~.."" rl i : i ~I, ,t=..=____ ,- ill:::: ~.=;;,..- 1::;.:T:il~ ' I I, l:j l;::~ WAITIolESS-.l ;o;otltt: . : I.;~.louf' ibl"-', 0 . 3070 C===L ~ 10'4 MENS RESTROOM "6 CONCRETE OFFICE AREA 7/24/04 FOYER ~ --""-"- cal-theaterplan5-A-1PL1-PL2 FIRST FLOOR ELEVATOR PLAN pick up '7' 6" [All 6' EXISTING EOUIPMENT DECK RELOCATED DOOR-- NEW DOOR WAY 6/3 ~ '" .,~ I ~ CONCRETE ATTACHMENT 10 6'/5/ : '-,J. .1 Ii . , , .' 10" X 24" CONCRETE BEAM HONEY COMB STRUCTURE. BEAM RUNNING NORTH AND SOUTH CONCRETE BEARING WALL (LOBBY) STRUCTURE PHOTOGRAPH #1 VIEW NOTE PROPOSED LOCATION FOR ELEVATOR ATTIC ABOVE FIRST FLOOR 712/04 BETWEEN BEAMS AND WALL . ,. ./ RELOCATION AREA FOR EXISTING NC UNIT TO ALLOW INSTALLATION OF ELEVATOR . REFERENCE ATTACHMENT 9 STRUCTURE PHOTOGRAPH #2 VIEW ATTIC ABOVE FIRST FLOOR 7/24/04 ATTACHMENT 11 -- Ills 10" x 24" CONCRETE BEAM HONEY COMB BEAM RUNNING NORTH & SOUTH 10" x 24" CONCRETE BEAM HONEY COMB BEAM RUNNING EAST & WEST STRUCTURE PHOTOGRAPH #3 VIEW EXISTING FLOOR PLAN 7/24/04 . REFERENCE ATTACHMENT 9 ATTACHMENT 12 Future Renovation Phase of Women's Restroom Shown u~.uu ~uuuu 'v Uf'PER ~:'f AR!A --~ f'D,lP.:{;~ BAHQU!T~~Q Ok; Future Renovation Phase of Men's ,;stroom Shown FOCD~ICE u~~~u U~UU&g Future Renovation Phase of Men and Women Restroom Areas ATTACHMENT 13 ATTACHMENT II BID RESULTS Project: Redevelopment Agency of the City of San Bernardino CALIFORNIA THEATRE PROJECT - 562 WEST 4TH STREET, SAN BERNARDINO Date of Bid Results: April 12, 2005 BID DESCRIPTION SUBMITTED BIDS CONTRACTORS AND DOLLAR AMOUNTS Inland Acoustics, Inc. JM Builders Inc. Fischer Plumbing Base Bid Schedule (Asbestos, Lead Paint, Elevator, Etc) $ 252,753.00 $ 441,000.00 $ 1,007,180.00 Bid Schedule Alternative 1 (Floor System for 2nd Floor) $ 59,460.00 $ 104,000.00 $ 139,800.00 Bid Schedule Alternative 2 (Front Wall, French Doors & Windows) $ 142,294.00 $ 150,000.00 $ 115,670.00 Bid Schedule Alternative 3 (Banquet Entry Doors, Etc) $ 29,631.00 $ 46,000.00 $ 179,880.00 Sub Total Base Bid, 1, 2 & 3 $ 484,138.00 $ 741,000.00 $ 1,442,530.00 Bid Schedule Alternative 4 (Banquet/ Dinning! Kitchen Room, Etc) $ 532,285.00 $ 440,000.00 $ 265,780.00 Bid Schedule Alternative 5 (Kitchen Equipment & Installation) $ 65,896.00 $ 52,000.00 $ 226,500.00 Bid Schedule Alternative 6 (Finish Carpentry & Ceiling Finishes) $ 136,633.00 $ 97,000.00 $ 29,720.00 Sub Total 4, 5 & 6 $ 734,814.00 $ 589,000.00 $ 522,000.00 Bid Schedule Alternative 7 (2nd Floor Women's Restroom) $ 114,860.00 $ 156,000.00 $ 42,320.00 Bid Schedule Alternative 8 (2nd Floor Men's Restroom) $ 59,227.00 $ 150,000.00 $ 39,800.00 Sub Total 7& 8 $ 174,087.00 $ 306,000.00 $ 82,120.00 Total Base Bid & Alternatives 1- 8 $ 1,393,039.00 $ 1,636,000.00 $ 2,046,650.00 LIST OF ALL CONTRACTORS WHO PICKED.UP A BID PACKAGE Arrowhead Mechanical, Incorp. 209 North Waterman Avenue, San Bernardino, CA 92412 Fischer Plumbing 1372 West 26th Street, San Bernardino, CA 92405 Inland Acoustics, Inc. 323 South Sierra Way, San Bernardino, CA 92408 JM Builders Incorporated P.O. Box 1741, Redlands, CA 92373 S3 Construction 872 Towne Center Drive, Pomona, CA 91767 "CONSTRUCTION CONTRACT AND EXHIBITS AND GENERAL CONDITIONS" 1 RESOLUTION NO. -COpy RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE IMPROVEMENTS TO THE CALIFORNIA THEATRE 2 3 4 5 6 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i 7 a community redevelopment agency duly created, established and authorized to transact busines and exercise its powers, all under and pursuant to the California Community Redevelopmen 8 9 LaW, (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod 10 commencing at Section 33000; and 11 WHEREAS, the Agency owns the California Theatre of the Performing Arts (th 12 "Theatre") and the Agency desires to cause the Theatre to be improved in accordance with th plans and specifications ("Improvements") as approved by the City of San Bernardino Buildin 13 14 and Safety Division; and 15 WHEREAS, in order to construct said Improvements, on March 23, 2005, the Agenc 16 solicited bids for the construction of the Improvements to the Theatre in accordance with th 17 Public Contracts Code and the Agency received three (3) competitive bids; and 18 WHEREAS, Inland Acoustics, Inc. (the "Contractor"), was determined to be the Iowan 19 responsible qualified bidder and the Agency desires to retain the services of the Contractor t 20 perform said Improvements in accordance with the terms and conditions of the constructio 21 contract attached hereto and incorporated herein by said reference (the "Contract"). 22 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 23 24 25 Section 1. The Commission hereby approves the Contract between the Agency and Contractor attached hereto and incorporated herein by reference. -1- ,:\AplUbl\ReMllltleal\Relelllltlnl\J..5\05oI5-tZ C.llfel'llilll'ltntre-AwlnI .fCulrKt Ilne.doc Section 2. The Executive Director of the Agency is hereby authorized to execute the 2 Contract on behalf of the Agency in substantially the fonn attached hereto, together with such changes 3 therein as may be approved by the Executive Director and Agency Counsel. The Executive Director or 4 such other designated representative of the Agency is further authorized to do any and all things and take 5 any and all actions as may be deemed necessary or advisable to effectuate the purposes of the Contract, 6 including making non-substantive modifications to the Agreement. The Resolution shall become effective immediately upon its adoption. 7 Section 3. 8 11/ /11 9 /11 10 /11 11 11/ 12 /11 13 11/ 14 /11 15 11/ 16 11/ 17 11/ 18 11/ 19 11/ 20 11/ 21 /11 22 /11 23 /11 24 /11 25 11/ 11/ -2- r:\AchMh~..tiuI\R.eM"''''I\2..5\l5-ts.o2 Callie,... nntre-AwlnI.fC..1rad lbM.dK 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE IMPROVEMENTS TO THE CALIFORNIA THEATRE 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Community Development Commission of the City of San Bernardino at a meeting 7 thereof, held on the day of 8 Commission Members: Aves 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLEY JOHNSON 14 MC CAMMACK 15 , 2005, by the following vote to wit: Navs Abstain Absent 16 17 Secretary 18 The foregoing resolution is hereby approved this day of ,2005. 19 20 21 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 22 Approved as to form and Legal Content: 23 24 By: 25 Agency C nsel -3- r:\ApadIII\Rne"dIIu\ReM~2 c.u..... Tltntre-Aw.rd .'C..tnet Rae.dctc: t' it. W .. -~ .. "CONSTRUCTION CONTRACT AND EXHIBITS AND GENERAL CONDITIONS" o 013 14 025 If RESOLUTION NO. -t (Q) lPY 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE IMPROVEMENTS TO THE CALIFORNIA THEATRE 3 4 5 6 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") i 7 a community redevelopment agency duly created, established and authorized to transact busines 8 and exercise its powers, all under and pursuant to the California Community Redevelopmen 9 Law, (the "CRL") codified under Division 24, Part I of the California Health and Safety Cod 10 commencing at Section 33000; and 11 WHEREAS, the Agency owns the California Theatre of the Performing Arts (th 12 "Theatre") and the Agency desires to cause the Theatre to be improved in accordance with th plans and specifications ("Improvements") as approved by the City of San Bernardino Buildin and Safety Division; and 15 WHEREAS, in order to construct said Improvements, on March 23, 2005, the Agenc 16 solicited bids for the construction of the Improvements to the Theatre in accordance with th 17 Public Contracts Code and the Agency received three (3) competitive bids; and 18 WHEREAS, Inland Acoustics, Inc. (the "Contractor"), was determined to be the Iowan 19 responsible qualified bidder and the Agency desires to retain the services of the Contractor t 20 perform said Improvements in accordance with the terms and conditions of the constructio 21 contract attached hereto and incorporated herein by said reference (the "Contract"). 22 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 23 24 Section 1. The Commission hereby approves the Contract between the Agency and Contractor attached hereto and incorporated herein by reference. .1- p.\..t.........u\R.....I..I......\R.._I..tia...\!fWlo;\Il"-O~Ol r.lir..rnis Thulr........... .rc..,.....,1 ..........~ O2 Section 2. The Executive Director of the Agency is hereby authorized to execute the Contract on behalf of the Agency in substantially the form attached hereto, together with such changes therein as may be approved by the Executive Director and Agency Counsel. The Executive Director or 3 5 such other designated representative of the Agency is further authorized to do any and all things and take any and all actions as may be deemed necessary or advisable to effectuate the purposes of the Contract, including making non-substantive modifications to the Agreement. The Resolution shall become effective immediately upon its adoption. 4 6 7 Section 3. 8 /II 9 /II /II 10 /II 11 /II 12 /II 0 13 /II 14 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 fll 21 /II 22 /II 23 1/1 24 /II 025 1/1 /II -2- r:\AlI:lndu\Rnolatio.s\RnolutIoIlS\Z005\OS.Os..Ol CoUI.ron Thntr~A\...rd or C..euCl Rn..h~ 01 2 013 14 025 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE IMPROVEMENTS TO THE CALIFORNIA THEATRE 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Community. Development Commission of the City of San Bernardino at a meeting 7 thereof, held on the day of , 2005, by the following vote to wit: 8 Commission Members: Absent Aves Navs Abstain 9 ESTRADA 10 LONGVILLE 11 MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 12 15 16 17 Secretary 18 The foregoing resolution is hereby approved this day of ,2005. 19 20 21 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 22 Approved as to form and Legal Content: 23 24 By: -3. r:\Altndu\lb,....t..s\R'..IIIIJoa.UOO!\o5-0s-.J C.llr.".l. n..tr~A.nd.f C.II'r'Ilct Rtto.dol: c "CONSTRUCTION CONTRACT AND EXHIBITS AND GENERAL CONDITIONS" o o o o 10 I I I REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PUBLIC WORKS PROJECT CONTRACT (Interior Building Work on the Second Floor of the California Theatre Including Asbestos and Lead-Based Paint Abatement, Interior Demolition and Renovation and Construction) THIS PUBLIC WORKS PROJECT CONTRACT (the "contract" or "Contract"), is made and entered into as of this 2nd day of May, 2005, by and between Redevelopment Agency of the City of San Bernardino (referred to herein as the "Owner" or the "Agency") and Inland Acoustics Inc., a California corporation (the "Contractor"). WITNESSETH: THAT THE PARTIES HERETO HAVE MUTUALLY COVENA."i'TED AND AGREED, ANI) BY THESE PRESENTS DO COVENANT AND AGREE WITH EACH OTHER AS FOLLOWS: I. THE CONTRACT DOCUMENTS. This Contract incorporates by reference the following documents which are collectively referred to herein as the Contract Documents: Notice of Inviting Bids; and Bid and Contract Document Package With Standard Project Construction Plans and Specifications issued March 27, 2005; and the Contractor'sl Bidder's Proposal Incorporating Related Bidder's Documents Contractor'sl Bidder's Proposal (Bid Form), as submitted by the Contractor to the Agency on April 12,2005, and accepted by the Agency on May 2, 2005, as evidenced by the signature of the Agency's authorized representative at page 14 of this Contract; and the Performance Bond; and the Labor and Material Bond; and Construction Drawing Sheets, as identified below in the table: SHEET SHEET NAME DATED NO. A - 1.0 Overall Floor Plan - I" Level 11/9/04 A-2.0 Overall Floor Plan - 2"d Level 11/9/04 A-3.0 Demolition Plan - 2"" Level 11/9/04 A-3.1 Demolition Plan - Office Area I" Level 11/9/04 A- 3.2 Demolition Plan - Elevator Area I" Level 11/9/04 A - 3.3-3.5 Asbestos and Lead Paint 12/27/04 A-4.0 Partial Floor Plan - I" and 2"" Levels 11/9/04 A-4.1 Partial Floor Plan - Elevator/Office Area - I" Level 11/9/04 A-5.0 Ceilinl! Plan - I" and 2"d Levels 11/9/04 A-6.0 Interior Elevations 11/9/04 A-7.0 Architectural Details 11/9/04 A-8.0 Fimsh Plan - 2"d Level 11/9/04 B-l.O Restrooms Demolition Plan - tiOLevel 11/9/04 B-2.0 Restrooms Floor Plan - 2"d Level 11/9/04 B-3.0 Restrooms Reflected Ceilin~ Plan - 2M Level 1011 9/04 4821-2204.6720.1 Rede\'elopmenl Agency oflhe City of San Bernardino Project: California Theatre 562 Wesl41h Street (RenoVlllion 2nd Floor Banquet! Leclure - Pre\'aiJinl Walts) Page 1 o o c B-4.0 Restrooms Elevations - 2no Level 11/9/04 EL-I Elevator Plan 11/9/04 ASI Accessible Standards and Requirements 11/9/04 AS2 Accessible Standards and Requirements 11/9/04 AS3 Accessible Standards and Requirements 11/9/04 AS4 Accessible Elevator Standards 2/1/04 K-I Food Service Area Equipment Plan 11118/04 SGN Structural General Notes 11/9/04 S-I Framing Plan 9/7/04 S-2 Building Sections 11/18/04 SDI Structural Details 11/10/04 SD2 Structural Details 11/10/04 EI Electrical Specifications 10119/04 E2 Electrical General Notes & T24 Compliance Forms 11/10/04 E3 Electrical Power Plan - I Sl and 2"" Levels 10/19/04 E4 Electrical Lightin!:: Plan - I Sl and 2"" Levels 10/19/04 E5 Electrical Power Plan - 2no Level 10/19/04 E6 Electrical Lighting Plan - 2nd Level 10/19/04 M-I Mechanical General Notes 10119/04 M-2 Mechanical Schedules & T24 Compliance Forms 10119/04 M-3 Mechanical Plan - 2"" Level 10119/04 M-4 Mechanical Plan - I Sl & 2nd Levels 11115104 M-5 Mechanical Details 10119/04 P-I Plumbing Notes, Specifications & Schedules 10119/04 P-2 Plumbing Plan - 200 Level 10/19/04 P-3 Plumbing Plan - 2nd Level 10119/04 P-4 Plumbin!:: Isometrics 10119/04 ; and The Contract Documents also include the following which are incorporated herein by this reference: Instructions to Contractor's/ Bidders, Contractor's Bidder's Proposal Guaranty (Bid Bond), the Bid Bond, as submitted by the Contractor, Contractor'sl Bidder's Certification Concerning Labors Standards and Prevailing Wage Requirements, Contractor's 1 Bidder's Certification Concerning Equal Employment Opportunity, Contractor's/ Bidder's Certification Concerning "Section 3" Clause, Contractor's/ Bidder's and Vendors Certification Concerning Affirmative Action Policy, Contractor'sl Bidder's Certification Concerning Nonsegregated Facilities, Contractor'sl Bidder's - Certification Concerning Disadvantaged Business Enterprises (DBE) Information Good Faith Efforts, Contractor's/ Bidder's Certification Concerning No Suspension and Debarment Requirements for Public Works Contracts Under the Public, Contracts Code and for all Contracts over $25,000 (49 CFR 29), Contractor's/ Bidder's Certification Concerning Trade Restrictions, Contractor's 1 Bidder's Certification Concerning Worker's Compensation Insurance, Contractor's! Bidder's Certification Concerning Clean Air and Water Pollution Control, Contractor'sl Bidder's Certification Concerning Designation of Subcontractors, Contractor's! Bidder's Certification Relating to Campaign Contributions, Non-Collusion Affidavit, Contractor'sl Bidder's Certification Concerning Buy American, Subcontractor'sl Bidder's Statement of Experience, Subcontractor's Certification Concerning Labors Standards and Prevailing Wage Requirements, Subcontractor's 1 Bidder's Certification Concerning Equal Employment Opportunity, the Noncollusion Affidavit, the Certification of Insurance Coverage, copies of State of California Contractor's Licenses, 4821-2204-6720.\ Redt\tlopmenl '\gtn(~ or the City of SllD Bunllrdino Project: California Theatre 562 Wesl4th Street (Reno\'alion 2nd Floor BanquetJ Lec:lure- PreYailinl Wages) Page 2 o worker's compensation insurance, liability insurance policy coverage as set forth in the Contract, the general conditions including without limitation, the general provisions of Part I of the Standard Specifications for Public Works Construction (current edition) as modified and in use by the City of San Bernardino for the construction and installation of public works administered by the Development Services Department of the City (the "Greenbook"), the special conditions, the detail specifications as noted on each of the Construction Drawing Sheets, and the regulations, ordinances, codes, and laws incorporated therein, or in this Contract by reference or otherwise applicable to the work, and each Addendum to the Notice Inviting Bids. All of the Contract Documents identified above, and the text of this Contract are intended to cooperate and be construed together so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. - 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 set forth in the Contract Documents in a good and workerlike manner as called for, and in the manner designated in, and in strict conformity with the Contract Documents. A set of the Contract Documents which has been identified by the initials of the representative of the parties to this Contract is on file with the Agency and are, collectively, entitled: Redevelopment Agency of the City San Bernardino CALIFORNIA THEATRE PROJECT - 562 WEST 4TH STREET, SAN BERNARDINO 3. CONTRACT PRICE. The Agency agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation, to-wit: o The sum of One Million Three Hundred Ninety Three Thousand Thirty Nine Dollars ($1,393,039). This figure of $1,393,000, includes all elements of the work identified as Bid Schedule Alternative Number I through Number 8, inclusive, as set forth in the Contractor'slBidder's Proposal and Bidding Schedule as submitted by the Contractor to the Agency on April 12, 2005 and as accepted by the Agency. For the purpose of fixing the amount of bonds referred to in Paragraph 27 of the Instructions to Contractorsl Bidders, the total contract price is $1,393,039.00. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of any work done or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be considered by the parties in accordance with applicable provisions of the Contract Documents, including the Greenbook, and the Public Contracts Code. Under no condition shall there be a cessation of work by the Contractor during any such dispute:-This section does not exclude recovery of damages by either party for delays. o 5. PAYMENT. Not later than the 20th day of each calendar month, the Contractor shall make a partial payment request to the Agency on the basis of an estimate approved by the Architect and Agency of the work performed smce the last partial payment request during the preceding month by the Contractor with (10%) ten pcrcent of the amount of each such estimate retained by the Agency, until completion of the work and the recordation of a Notice of Completion of all work covered by this Contract. The Agency shall make any partial payments provided for in this contract to the Contractor within thirty (30) days of the Agency's receipt of an undisputed and properly executed partial payment request from the Contractor. The Agency shall pay the Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to the Contractor within thirty (30) days of the Agency's receipt of an undisputed and properly executed partial 4821-2204-6720 1 Rede\'elopmenl Agency of the City of San Bernardino Project: Californill Thealre 562 Wesl4th Street (RenoYalion 2nd Floor Banquell Lftlure- Prevailing Wagn) Page 3 o o \0 1 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 detennined by the Agency not to be a proper partial payment request suitable for payment shall be returned to the Contractor by the Agency within seven (7) days of the Agency's receipt of such partial payment request. A partial payment request returned to the Contractor by the Agency under the provisions of this section shall be accompanied by a written document setting forth the reason(s) why the partial payment request is not proper. The number of days for the Agency to make a certain partial payment provided for in this Contract. without incurring interest pursuant to this section, shall be reduced by the number of days by which the Agency exceeds the seven (7) days return period for such partial payment request, if detennined 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 ofa Notice of Completion for the work by the Agency shall constitute the Agency's acceptance of the work. 6. LIENS. Contractor shall promptly pay all valid bills and charges for material, labor, equipment or otherwise in connection with or arising out of the performance of this Contract, and will hold the Agency free and harmless against all stop notices, liens and! or claims of lien for material, labor or equipment filed against the Agency or the work or any part thereof, and from and against all expenses and liability in connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising therefrom. In the event any stop notice, lien and! or claim of lien is filed for record against the Agency, the work, or the real property, or in the event that the Agency receives notice of any unpaid bill or charge in connection with the performance of this Contract, the Contractor shall forthwith either pay and discharge such stop notice, lien and! or claim 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 issued by a California admitted surety company or other satisfactory security. 7. TIME FOR COMPLETION. All work under this contract shall be completed within a period of one hundred forty-nine (119) calendar days from the date of the Contractor's receipt of Notice to Proceed from the Agency. 8. EXTENSION OF TIME. Subject to the provisions of Section 9, the Contractor is delayed by acts of negligence of the Agency, or its employees or agents, or by changes ordered by the Agency in the work, or by strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the Agency, or by any justifiable cause which the Agency shall authorize, then the Contractor shall make out a vilitten claim addressed to the Agency setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Agency for approval. The Agency will evaluate the claim and if the claim for an extension of lIme is Justifiable, the Agency will approve such an extension for an authorized delay. No such extension of time for an authorized delay will be allowed unless written claim therefore has been made within three (3) days after the delay became apparent. 9. LIQUIDATED DAMAGES FOR DELAY. If the Contractor is unable to complete the work within the specified time (e.g. on or before September 30, 2005), the Contractor agrees to pay to the Agency as liquidated damages for such delay, the sum of $250.00 for each consecutive calendar day, until the work has been completed pursuant to the terms of this Contract. Work time extension of an additional fifteen (15) days will only be granted to the Contractor if delay occurs due to "Act of God", such as rain, earthquake, wind, and/ or strikes, material shortage, compliance with laws or regulations or riots. 4S21-2204-6720.\ Red"'\'I~lopml'nl Agency of the City urSan Bernardino Project: California Theatre 562 Wesl4th Street (Renovation 2nd Floor Duquell Uc:lure - Prevailing Wages) Page 4 o 10. INDEMNIFICATIONS AND HOLD HARMLESS. The Contractor shall defend, indemnify. protect and hold free and harmless the Agency, its officers, employees, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs, injuries to or death of any person or persons and expenses, including attorney's including attorney's fees, for injury or damage of any type claimed whicjJ 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 work. I I. INSURANCE. The Contractor shall procure and maintain insurance policies meeting the minimum requirements set forth below. Insurance shall be provided by California admitted insurance companies with a Best's Insurance Guide current edition rating of not less than "B(vii)". Certificates evidencing insurance coverage shall be delivered to the Agency for each policy required herein prior to commencement of any work. All insurance cer.tificates shall name the Agency as an additional insured and provide for thirty (30) days prior to \\Titten notice of cancellation to the Agency. a. Comorehensive General Liability Insurance. The Contractor shall maintain comprehensive general liability insurance of not less than a One Million Dollars ($1,000,000) limit for each single occurrence claim and a Two Million Dollars ($2,000,000) aggregate limit for all claims. The Contractor must provide comprehensive general liability policy of insurance with an appropriate endorsement for builders course of construction and fire casualty loss. b. Automobile Insurance. The Contractor shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence. o c. Worker's Comoensation. The Contractor shall maintain worker's compensation coverage in accordance with the Laws of the State of California for all workers under it employ and Subcontractors performing the work required herein. 12. LABOR PROVISIONS. a. Minimum Wages and Prevailing Wages. ( I) All laborers and mechanics employed or performing any work shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or 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 (includmg 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 work in a prominent and accessible place where it can easily be seen by the workers. o 4821-1204-1)120_1 Redc\elopmenl Agency of the Cil~ of San Bernardino Project: California Theatre 562 WeSl41h Street (Reno\'atioD 2nd Floor Banquell Ltcture - Prev.ailing Wages) I'age 5 o o j 1 I I I ! o (2) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Agency shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Agency agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Agency to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the Agency or will notify the Agency within the 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 ofreceipt 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 thereo f. (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, 4821 ~2204-6720.1 Redevelopment Agency orlbe Cil)" orsan Bern.ardino ProjtCI: Camornia Theatre 562 Wnl41h Str<<t (Renovation 2nd Floor Banquel; LC{:ture- Prf'Vailing Waxes) Page 6 o o o employed or working on the site of the work, 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. (l) 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 work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b )(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under paragraph a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I (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 trom 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 diat 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. 4R2!-2204-6720.! Redevelopment Agency of the City of San Bernardino Project: California Thealre 562 Wul4th Slreet (Renovation 2nd Floor Banquril Lfc:ture - Prevailing Wages) Page 7 o o o (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( I) of this section available for inspection, copying or transcription by authorized representatives of the Agency, the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Subcontractor fails to submit the required records or to make them available, the Department of Labor may, after written notice to the Contractor or Agency take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for Debarment of the Contractor or Subcontractor pursuant to 29 CFR 5.12. d. Apprentices and Trainees. (I) 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 work 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 work 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 approv!lL 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 work-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 4821-2204-6720.1 Redevelopment Agenc~. or the City of San Bern.ardino Projn"l: California Theatre 562 West 4th Slreet (Renovation 2nd Floor Banquetl Lrclure - Preyaililll W.lIges) Page 8 o o o 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 work-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 Emolovment Oooortunitv. 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 CooeJand Act Reauirements. 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 Section II 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 12 and a. through e. of Section 13 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 Reauirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts I, 3, and 5 are herein incorporated by reference in this Contract. 1. Disoutes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes provision of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontracts) and the Agency, the U.S. Department of Labor, or the employees or their representatives. J. Certification of Eligibilitv. (I) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l). (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(I). (3) The penalty for making false statements or certifications in the making of this Contract is prescribed in the U.S. Criminal Code, 18 U.S.c. 100\. 482] -2204-6720.] Rede\'elopmeot Agency of Ibe CiI)" of San Bernardino Project: California Tbealre 562 Wesl41b Sind (Renovation 2nd Floor Banquet! L<<lure- Prt"ailine: Wales) Page 9 o o o 13. 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 work 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 Wal!es: LIqUIdated Damal!es. In the event of any violation of the clause set forth in paragraph a. above, the Contractor and any Subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and Subcontractor shall be liable to the Agency for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of$IO (ten dollars) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. c. Withholding for Unpaid Wal!es and Liquidated Damal!es. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. W orkinl! 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. 14. NONDISCRIMINATION. The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 15. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS. The Contractor, subrecipient or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as recipient deems appropriate. The Contractor agrees to pay each Subcontractor under this contract for satisfactory performance of its Contract no later than ten (10) days from the receipt of each payment the Contractor receives from Agency. The Contractor agrees further to return retainage payments to each Subcontractor within seven (7) days after the 4821-2204-6720.1 Redevelopment Agency of the Cil)' or San Bernardino ProjKI: Calirornia The.alre 562 West 4th Street (Renovation 2nd Floor Banquet! Lecture - Prevailing Wages) Page 10 o o o Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause followmg written approval of the Agency. This clause applies to both Disadvantage Business Enterprises (DBE) and non-Disadvantage Business Enterpnses Subcontractors. 16. CNIL RIGHTS. The Contractor assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds ofrace, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision binds the Contractor from the bid solicitation period through the completion of the Contract. This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers. 17. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMF;NT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. 18. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Agency, as appropriate, and shall set forth what efforts it has made to obtain the information. 19. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Agency shall impose such contract sanctions as determine to be appropriate, including but not limited to: a. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the Contract, in whole or in part. 20. INSPECTION OF RECORDS. The Contractor shall maintain an acceptable cost accounting system. The Agency, the Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, paper, and records of the Contractor which are directly pertinent to this Contract or the work for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three (3) years after the Agency makes final payment and all other pending matters are closed. 21. RIGHTS IN INVENTIONS. All rights to inventions and materials generated under this Contract are subject to regulations issued by the Agency. Information regarding these rights is available from the Agency. 22. BREACH OF CONTRACT TERMS. Any violation or breach of terms of this Contract on the part of the Contractor or its Subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the Agency under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 4821 ~2204-6720.1 Redl'\"elopmenl Agl'lKY of the City of San Bunllrdino Project: California Tbelltrt 562 West 4th Street (Renovation 2nd FloOJ' Banquetl Leetun - Prevailioc Walts) Pa~e 11 o o o 23. TERMINA nON OF CONTRACT BY AGENCY. a. The Agency may, by written notice, terminate this Contract in whole or in part at any time, either for the Agency's convenience or because of the Contractor's failure to fulfill it's Contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in process, delivered to the Agency. b. If the termination is for the convenience of the Agency, an equitable adjustment in the Contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the Contractor's obligations, the Agency may take over the. work and prosecute the same to completion by Contract or otherwise. In such case, the Contractor shall be liable to the Agency for any additional cost occasioned to the Agency thereby. d. If, after notice of termination for failure to fulfill Contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Agency. In such event, adjustment in the contract price shall be made as provided in paragraphb2 of this clause. e. The rights and remedies of the Agency provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 24. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of this Contract in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations of directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the Agency to enter into such litigation to protect the interests of the Agency and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 25. CONTRACTOR CLAIMS OF $375,000 OR LESS. Claims by the Contractor relating to the work for (a) a time extension, (b) money or damages arising from work done by, or on behalf of, the Contractor on the work 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 Section 20104, et seq., except as otherwise provided in this Contract and the incorporated documents, conditions and specifications. The provisions of California Public Contract Code Sections 20104 through 20104.6 are incorporated by this reference into this Contract. 26. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. (I) No Federal appropriated funds shall be paid, by or on behalf of the Contractor or its Subcontractors, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor or its Subcontractors to any person for influencing or attempting to influence an officer or employee of the Agency, any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 4l:l21-2204-6720_1 Redevelopment AJ:enc~. uftbe City of San Bernardino Proje<:t: California TMalre 562 Wesl4th Slreet (Renovafion 2nd Floor Banquell Lecture - Prenilift& Wages) Page 12 o o o 27. ASSIGNMENT OF CERTAIN RIGHTS TO THE AGENCY. In entering into this Contract or a subcontract to supply goods, services, or materials pursuant to this Contract, the Contractor and/or Subcontractor offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.c. Sec. 15) or under the CartWright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the Agency tenders final payment to the Contractor, without further acknowledgement by the parties. 28. ENERGY CONSERVATION REQUIREMENTS. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in complillnce with the Energy Policy and Conservation Act (Public Law 94-163) 29. PROTECTION. The Contractor shall at all times provide protection against weather, rain, wind, storm and heat so as to maintain all work, materials, apparatus and fixtures free from injury and damage. At the end of a day's work, all new work, and the premises, likely to be damaged by failure to provide protection as required above shall be replaced or repaired at Contractor's expense. 30. CONTRACTORS BEST SKILL. 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 work to be performed by Contractor's laborers, employees, vendors and subcontractors, ifany. 31. UTILITY SERVICES. The Contractor will be able to use existing utilities without charge, including electric power and water. If Contractor must disconnect or otherwise interrupt such services, including plumbing fixtures, to effect repairs or replacement, the use or availability of such services shall not interfere with the Agency's use, or operation or occupancy of the remaining areas of the structures in which the work is performed by the Contractor. Where disruptions or disconnections of utility service will occur, Contractor shall obtain approval of the Agency, at least twenty-four (24) hours prior to such interruption. 32. LEAD-BASED PAINT. The Contractor agrees that the use of any lead-based paints is strictly prohibited and shall not be used on the work. Contractor agrees to submit to the Agency a lead-based paint abatement plan (include days required and cost breakdown) with minimum abatement! disturbance/ encapsulation to surfaces indicated on the Cons'truction Drawing Sheets (cost effective method) per State of California Department of Health Services regulations. The Agency assumes no liability for damage to property or 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 work or other activity causing or leading to contact of any kind whatsoever with Lead-Based Paint on the work-site, whether the Agency has properly warned, or failed to properly warn, any persons injured. 33. ASBESTOS CONTAINING MATERIALS. Contractor agrees to submit to the Agency an asbestos abatement plan (include days required and cost breakdown) with minimum abatement! disturbance/ encapsulation to surfaces indicated on the Construction Drawing Sheets (cost effective method) per State of California Department of Health Services regulations. The Agency assumes no liability for damage to property or 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 asbestos abatement work 4821-2204~6720.1 Redevelopment Agency ortheCily orSan Bernudino Project: California Theatre 562 Wesl4th Slret'1 (Renovation 2nd Floor Banquetl Le('lure _ Prevailing Wlges) Page 13 c o o or other activity causing or leading to contact of any kind whatsoever with Asbestos on the work-site, whether the Agency has properly warned, or failed to properly warn, any persons injured. 34. CLEANUP. The Contractor shall keep the subject work site 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 abatement work, demolition and construction to be removed from the work site at its sole cost and expense and shall leave the work site n a neat and "broom-clean" condition. 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. CONTRACTOR: Inland Acoustics, Inc., a California corporation (State Contractor's License No. State Contractor's License Classification ) Date: By: Print Name Title Date: By: Print Name Title AGENCY: Redevelopment Agency of the City of San Bernardino Date: By: Executive Director APPROVED AS TO FORM: ~ 4S2 1-2204-6720. I Rede\elopmenl AReltCy of the City of San Bunardino Project; California Theatre 562 Wesl41h Street (Renovation 2nd Floor Banqurl1 Lecture- Prevailing Wagts) Page 14 ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INTER-OFFICE MEMORANDUM TO: Eileen Gomez, Senior Secretary, City Clerk's Office FROM: asana A. Chantha, Secretary SUBJECT: Executed Document DATE: May 3, 2005 Enclosed is the fully executed Agreement pertaining to the following resolution that was approved by the Community Development Commission on May 2, 2005: CDC/2005-17 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A CONSTRUCTION CONTRACT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND INLAND ACOUSTICS, INC. FOR THE IMPROVEMENTS TO THE CALIFORNIA THEATRE. Should you have any questions, I can be reached at (909) 663-1044. Thank you. Enclosure cc: Larry J. Hyder, Inland Acoustics, Inc. (with Original Executed Agreement) Barbara Lindseth (with Original Executed Agreement) Paul Guerrero (with Copy of Executed Agreement)