HomeMy WebLinkAboutR37-Economic Development Agency r `
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ECONOMICYDEOF SAN VELBOPPMENITOAGENCY ORIGINAL
FROM: Emil A.Marzullo SUBJECT: Award of Demolition Contract to Dakeno,Inc.,
Interim Executive Director for Agency Properties Located at 673, 723-739
and 701 West 5th Street(Downtown Mixed-Use
Project - Central City North Redevelopment
DATE: May 5,2008 Project Area)
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Synopsis of Previous Commission/Council/Committee Action(s):
On May 8, 2008, Redevelopment Committee Members Estrada and Baxter unanimously voted to recommend that the
Community Development Commission consider this action for approval.
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Recommended Motion(s):
(Community Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing
the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino("Agency")to execute a
Demolition Contract by and between the Agency and Dakeno, Inc., for the demolition of Agency Properties located
at 673, 723-739 and 701 West 5th Street, San Bernardino (Downtown Mixed-Use Project - Central City North
Redevelopment Project Area)
Contact Person(s): Mike Trout Phone: (909)663-1044
Central City North
Project Area(s): Redevelopment Project Area Ward(s): 1
Supporting Data Attached: R1 Staff Report 0 Resolution(s) ElAgreement(s)/Contract(s) El Map(s)❑Letter(s)
FUNDING REQUIREMENTS: Amount: $ 84,040 Source: Low/Mod 20%Set Aside(Bond Proceeds)
Budget Authority: Fiscal Year 2007-2008
J
Signature: Fiscal Review:
Emil A.Marzullo,Inte utive Director Barbara Lindseth,Administrative Services Director
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Commission/Council Notes: ' °
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P\AgendasTomm Dev Commission\CDC 2008\05-I9-08 Dakeno Demolition Contract-Garcia,Ammons&Infinite State SR.doc COMMISSION MEETING AGENDA
Meeting Date: 055Q/19/2008
Agenda Item Number: 1 _
ECONOMIC DEVELOPMENT AGENCY
I
STAFF REPORT
AWARD OF DEMOLITION CONTRACT TO DAKENO, INC., FOR AGENCY
PROPERTIES LOCATED AT 673, 723-739 AND 701 WEST 5TH STREET (DOWNTOWN
MIXED-USE PROJECT — CENTRAL CITY NORTH REDEVELOPMENT PROJECT
AREA)
BACKGROUND:
On November 7, 2005, the Community Development Commission of the City of San Bernardino
("Commission") approved the Central City North Downtown Mixed-Use Project Concept Plan
("Plan") and the Redevelopment Project Study and Exclusive Right to Negotiate Agreement with
Watson & Associates Development Co., Inc. ("Developer"). Through the Plan, the Agency will
encourage and effectuate the acquisition and redevelopment of certain real property ("Project")
bounded by 5th Street to the north, "G" Street to the east, "H" Street to the west, and 4th Street to the
south, including the north side of 5th Street between "H" and "G" Streets, the 5 parcels at the
northeast corner of 5th and "G" Streets, and the 6 parcels at the southeast corner of 5th and "G"
Streets, but excluding the TELACU II Monte Vista Senior Housing Complex.
On October 15, 2007, the Agency acquired the Garcia property (former Rosston School of Hair
Design) located at 673 West 5th Street, San Bernardino ("Site I"). The tenant has been relocated
and Site 1 is ready for demolition and clearance.
On November 30, 2007, the Agency acquired the Ammons property (former Ammons Diamond and
Coin Gallery, et al) located at 723-739 West 5th Street, San Bernardino ("Site 2"). The tenants have
been relocated and Site 2 is ready for demolition and clearance.
On February 1, 2006, the Agency acquired the Infinite State property (former bus station) located at
701 West 5th Street, San Bernardino ("Site 3"). There were no tenants to relocate and Site 3 is ready
for demolition and site clearance.
Sites 1, 2 and 3 are collectively referred to as the properties ("Properties") (See attached Map).
CURRENT ISSUE:
On April 4, 2008, the Agency mailed a copy of the Request for Bids ("Bid Package") to Dakeno,
Inc. ("Dakeno"), Larry Jacinto Construction ("Jacinto'), Warren Duncan Contracting ("Duncan"),
AON, Inc. ("AON"), Laird Construction Co., Inc. ("Laird"), MDS Construction ("MDS"), Balandra
Demolition ("Balandra") and D.M. Contracting ("DM"). This was done to ensure that the
contractors, which have previously been used by the City and the Agency, were in receipt of the Bid
Package as quickly as possible.
On April 7, 2008 and April 14, 2008, a Notice for Bids ("Notice") was published in the San
Bernardino County Sun newspaper. The Notice stated that this was an asbestos/lead based paint
abatement and demolition/clearance project. The Notice further stated that a Bid Package could be
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P:\Agendas\Comm Dev Commission\CDC 2008\05-19-08 Dakeno Demolition Contract-Garcia,Ammons&Infinite State SR.doc COMMISSION MEETING AGENDA
Meeting Date: 05/19/2008
Agenda Item Number: —
Economic Development Agency Staff Report
Dakeno - Demolition Contract
Page 2
obtained from the Agency offices. Additionally, the Notice stated that there would be a job walk
and the date and place was provided.
On April 18, 2008, the Agency conducted a job walk for Sites 1, 2 and 3. Those contractors that
attended the job walk were Duncan, AON, Dakeno and Balandra. In addition, there were 2
environmental remediation contractors, namely Total Environmental Industries, Inc. (TEI") and
Brinkley Environmental (`Brinkley"). There were no representatives at the job walk for Jacinto,
Laird, DM or MDS.
On April 25, 2008 at 3:00 p.m., the responses to the Bid Package for Sites 1, 2 and 3 were due and
the results are listed below:
Contractor Bid Amount for the Properties
AON, Inc. $107,000
Dakeno, Inc. $ 76,400
Warren Duncan Contracting $ 79,943
Dakeno is the recommended contractor for the asbestos/lead based paint abatement and
demolition/site clearance ("Scope of Work") contract for the Properties because they were the
lowest responsible bidder. Dakeno has more than 20 years of experience in this type of work and
has done a number of demolition projects for cities, including the City of San Bernardino Code
Enforcement Department. They will also be using Brinkley Environmental, a very experienced
environmental remediation contractor, for the asbestos/lead based paint abatement of the Properties.
The commencement of the Scope of Work will be 10 days following a Notice to Proceed with an
estimated completion date of within 120 days.
ENVIRONMENTAL IMPACT:
On November 7, 2005, the Commission adopted a Mitigated Negative Declaration in accordance
with the California Environmental Quality Act ("CEQA") for the Plan, which contemplated the
acquisition and demolition of the Properties.
FISCAL IMPACT:
The fiscal impact is approximately $84,040 ($76,400 for the Base Bid, plus $7,640 for
contingencies) which will be paid from the Low/Mod Tax Allocation Bond Issue Proceeds.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Emil A. Marzul m Executive Director
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P:\Agendas\Comm Dev Commission\CDC 2008\05-19-08 Dakeno Demolition Contract-Garcia,Ammons&Infinite State SR.doc COMMISSION MEETING AGENDA
Meeting Date: 05/19/2008
Agenda Item Number:
134-01 1 '
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I RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
4 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A DEMOLITION CONTRACT BY AND BETWEEN THE
5 AGENCY AND DAKENO, INC., FOR THE DEMOLITION OF AGENCY
PROPERTIES LOCATED AT 673, 723-739 AND 701 WEST 5TH STREET,
6 SAN BERNARDINO (DOWNTOWN MIXED-USE PROJECT - CENTRAL
7 CITY NORTH REDEVELOPMENT PROJECT AREA)
I
8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
9 community redevelopment agency duly created, established and authorized to transact business and
10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
12 at Section 33000 and is authorized to acquire and demolish blighted properties for redevelopment
13 purposes located within the approved redevelopment project areas in the City of San Bernardino
14 (the "City") in accordance with the CRL; and
15 WHEREAS, the Community Development Commission of the City of San Bernardino (the
16 "Commission'), as the governing board of the Agency, has authorized the Agency to assemble,
17 acquire real property and demolish blighted structures for community redevelopment purposes in
18 the Central City North Redevelopment Project Area("Project Area"); and
19 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that
20 cannot be remedied by private parties acting alone without community redevelopment assistance;
21 and
22 WHEREAS, on October 15, 2007, the Agency acquired the Garcia property located at 673
23 West 5'11 Street, San Bernardino ("Site V), on November 30, 2007, the Agency acquired the
24 Ammons property located at 723-739 West 5`h Street, San Bernardino ("Site 2"), and on February
25 1, 2008, the Agency acquired the Infinite State property located at 701 West 5`h Street, San
26 Bernardino ("Site 3"), which Sites 1, 2 and 3 are collectively referred to as the properties (the
27 "Properties") within the Project Area; and
28
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P:\Agendas\Resolutions\Resolutions\2008\05-19-08 Dakeno Demolition Contract-Garcia Ammons&Infinite State CDC Reso.doc
I WHEREAS, the tenants, if any, of Sites 1, 2 and 3 have been relocated and the Properties
2 are ready for asbestos/lead based paint abatement and demolition and clearance; and
3 WHEREAS, on April 4, 2008, the Agency mailed a copy of the Request for Bids ("Bid
4 Package") to 8 qualified demolition contractors to ensure that the contractors, which have
5 previously been used by the City and the Agency, were in receipt of the Bid Package as quickly as
6 possible; and
7 WHEREAS, on April 7, 2008 and April 14, 2008, the Agency published a Notice for Bids
8 ("Notice") and bids were solicited for the asbestos/lead based paint abatement and demolition and
9 clearance of the Properties in accordance with the Public Contracts Code and the Agency received
10 3 competitive bids; and
11 WHEREAS, Dakeno, Inc. (the "Contractor"), was determined to be the lowest responsible
12 bidder and the Agency desires to retain the Contractor to perform said asbestos/lead based paint
13 abatement and demolition and clearance of the Properties in accordance with the terms and
14 conditions of the Demolition Contract (the "Contract") attached hereto and incorporated herein by
15 said reference; and
16 WHEREAS, a Mitigated Negative Declaration, adopted by the Commission on November
17 5, 2005, in accordance with the California Environmental Quality Act ("CEQA"), contemplated the
18 demolition and clearance of the Properties.
19 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
20 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
21 FOLLOWS:
22 Section 1. The information set forth in the above recitals of this Resolution is true and
23 correct.
24 Section 2. The Commission hereby approves the Contract between the Agency and the
25 Contractor attached hereto, incorporated herein by reference, and waives any irregularities in the
26 bid as submitted by the Contractor as permitted by the bid documents.
27
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P:Agendas\Resolutions\Resolu tions\2008`,05-19-08 Wkeno Demolition Contract-Garcia,Ammons&Infinite State CDC Reso.doc
I Section 3. The Interim Executive Director of the Agency is hereby authorized to
2 execute the Contract on behalf of the Agency in substantially the form attached hereto, together
3 with such changes therein as may be approved by the Interim Executive Director of the Agency and
4 Agency Counsel. The Interim Executive Director of the Agency or such other designated
5 representative of the Agency is further authorized to do any and all things and take any and all
6 actions as may be deemed necessary or advisable to effectuate the purposes of the Contract,
7 including making non-substantive modifications to the Contract.
8 Section 4. The Commission finds that the demolition and clearance of the.Properties
9 under the scope of the Contract was contemplated by a Mitigated Negative Declaration, adopted by
10 the Commission on November 7, 2005, in accordance with CEQA.
11 Section 5. This Resolution shall take effect from and after its date of adoption by this
12 Commission.
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P:\Agendas\Resolutions\Resolufions\2008\05-19-08 Dakeno Demolition Contract-Garcia,Ammons&Infinite State CDC Reso.doc
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A DEMOLITION CONTRACT BY AND BETWEEN THE
4 AGENCY AND DAKENO, INC., FOR THE DEMOLITION OF AGENCY
PROPERTIES LOCATED AT 673, 723-739 AND 701 WEST 5TH STREET,
5 SAN BERNARDINO (DOWNTOWN MIXED-USE PROJECT - CENTRAL
6 CITY NORTH REDEVELOPMENT PROJECT AREA)
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a meeting
9 thereof, held on , 2008 by the following vote, to wit:
10 Commission Members: Ayes Nays Abstain Absent
11 ESTRADA
12 BAXTER
13 BRINKER
14 DERRY
15
KELLEY
16 JOHNSON
17 MC CAMMACK
18
19 Secretary
20 The foregoing Resolution is hereby approved this day of , 2008.
21
22
Patrick J. Morris, Chairperson
23 Community Development Commission
of the City of San Bernardino
24 Approved as to Form:
25
26 By'
Agency Cou el
27
28
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P\Agendas\Resolutions\Pcsolutions\2008\05-19-08 Dakeno Demolition Contract-Garcia,Ammons&Infinite State CDC Reso.doc
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
DEMOLITION CONTRACT
(ASBESTOS/LEAD-BASED PAINT ABATEMENT
AND DEMOLITION/SITE CLEARANCE PROJECT)
5th STREET - SOUTH
THIS PUBLIC WORKS PROJECT CONTRACT for the asbestos/lead-based paint abatement and
demolition/site clearance project at 673 West 5th Street, 723-739 West 5th Street and 701 West 5th
Street, San Bernardino, California (the "Contract"), is made and entered into this 19th day of May,
2008, by and between the Redevelopment Agency of the City of San Bernardino, a public body,
corporate and politic (referred to herein as the "Owner" or the "Agency") and Dakeno, Inc., a
California corporation(the "Contractor").
IN WITNESS HEREOF, THE UNDERSIGNED PARTIES HAVE MUTUALLY
COVENANTED AND AGREED TO THE FOLLOWING:
1. THE CONTRACT DOCUMENTS. The complete contract is comprised of and includes: 1)
The Instructions to Bidders (including asbestos/lead based paint survey); 2) Bidder's Proposal; 3)
Equal Employment Opportunity Certification; 4) Minority Business Enterprises/Women's Business
Enterprises ("MBE/WBE") Information; 5) Good Faith Efforts Statement of MBE/WBE Participation;
6) Certification regarding no Suspension or Ineligibility for Public Works Contracts under the Public
Contracts Code and the California Prevailing Wage Law (California Labor Code Section 1720, et seq.
and regulations promulgated thereunder) (the "PWL"); 7) Clean Air and Water Pollution Control
Certification; 8) Designation of Subcontractors; 9) Non-Collusion Affidavit; 10) Contractor's
Certification Relating to Campaign Contributions to Mayor and/or Member of the Common Council;
11) This Contract; 12) Technical Specifications; 13) Form of Performance Bond; 14) Form of Labor
and Material Bond; 15) Certification of Insurance coverage; 16) Copies of the State of California
Contractor's Licenses; 17) Copy of the City of San Bernardino ("City") Business License; 18) Copy of
the Worker's Compensation Insurance; 19) Copy of the Comprehensive General Liability Insurance
per the Contract; 20) Copy of the Automobile Insurance per the Contract; 21) General Conditions
(including, without limitation, Part 1, Sections 1-9 of "Standard Specifications for Public Works
Construction, 2000 Edition (the "Greenbook") as supplemented by the "2002 Cumulative Supplement
to Greenbook"); 22) Any Addenda issued under the Instructions to Bidders; 23) Any regulations,
Ordinances, Codes, and Laws incorporated within the General Specifications; 24) Any Agency
approved Change Order(s) submitted during construction; and 25) Copy of Public Contract Code
Section 20104 through 20104.6.
All of the above documents are intended to coordinate so that any work called for in one (1) and not
mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.
The documents comprising the complete contract are hereinafter referred to collectively as the
Contract Documents.
2. THE WORK. The Contractor agrees to furnish all tools, apparatus, facilities, equipment,
labor and materials (except that specifically mentioned as being furnished by others)
necessary to perform and complete the work in a good and worker like manner as called
for, and in the manner designated in, and in strict conformity with the Contract
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Documents which are identified by the signatures of the parties to this Contract and are,
collectively, entitled:
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
ASBESTOS/LEAD-BASED PAINT ABATEMENT
AND DEMOLITION/SITE CLEARANCE PROJECT
5TH STREET - SOUTH
3. CONTRACT PRICE. The Agency agrees to pay and the Contractor agrees to accept, in full
payment for the work above agreed to be done, the following compensation, to-wit: Amounts as
determined by applying the information contained in the Contractor's bid Rroposal for the
asbestos/lead-based paint abatement and demolition/site clearance of 673 West 5 Street, 723-739
West 5`t' Street and 701 West 5th Street, San Bernardino, California(the "Project"). The amount of the
Contract for the Project is Seventy-Six Thousand Four Hundred Dollars ($76,400).
4. CONTRACT AMENDMENTS. The Interim Executive Director of the Agency is
authorized to sign on his or her own authority amendments to this Contract which are of routine or
technical nature, including minor adjustments to the Schedule of Performance unless otherwise
specified in this Contract. All other amendments require the mutual agreement of both the Agency and
the Contractor.
5. INCORPORATION BY REFERENCE OF PART 1, SECTIONS 1-9 OF THE
GREENBOOK, 2000 EDITION, AS SUPPLEMENTED. The Greenbook, as supplemented by the
publication entitled, "2002 Cumulative Supplement to Greenbook," are hereby incorporated by this
reference into this Contract.
The word "Project" means and refers to the "Project," as this term is defined in the Instructions to
Bidders.
To the extent that any provision of the printed text which appears in this Contract is in conflict with
the printed text of the provisions of the Greenbook as incorporated into this Contract by this reference,
then in such event, the printed text of this Contract shall take precedence over such printed text in the
Greenbook.
6. PAYMENT. After the completion of the asbestos/lead based paint abatement and
demolition/clearance, for either the 673 West 5t` Street portion, the 723-739 West 5'h Street portion or
the 701 West 5`h Street portion of the Contract, the Contractor may make three (3) separate requests
for payment to the Agency upon the completion of the 673 West 5`h Street portion, the completion of
the 723-739 West 5t' Street portion and the 701 West 5'h Street. After acceptance of the work by the
Agency, the Agency shall review the payment request to determine if it is a proper payment request. If
the Agency deems that the payment request is proper, the Agency shall make a payment in the amount
of the Contractor's payment request, less a ten percent (10%) retention amount, within thirty (30)
calendar days of the Agency's acceptance. This ten percent (10%) retention amount of the payment
request shall be retained by the Agency, until completion of the entire Project that is covered by this
Contract as evidence by the Notice of Completion as hereinafter provided.
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..-. _., __. -.YIWYtltpYYM'pYPIWAilii4Wi..•..... -.."_.-.
With regard to the retention amount, the Agency will release the Contractor's retention amount within
forty-five (45) calendar days after recordation of a Notice of Completion, as defined in California
Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the Agency shall
constitute the Agency's acceptance of the completed Project.
However, if either payment request as submitted for the completion of the 673 West 5t' Street portion,
the completion of the 723-739 West 5`t' Street portion and the completion of the 701 West 5 Street
portion is determined by the Agency not to be a proper payment request suitable for payment it shall
be returned to the Contractor by the Agency within ten (10) working days of the Agency's receipt of
the payment request. A payment request returned to the Contractor by the Agency under the
provisions of this section shall be accompanied by a written document setting forth the reason(s) why
the payment request is not proper. The number of days for the Agency to make a certain payment
provided for in this Contract, without incurring interest pursuant to this section, shall be reduced by
the number of days by which the Agency exceeds the ten (10) working days return period for such
payment request, if determined to be improper, as set forth in this section. For the purposes of this
section, a "request for payment" means all payments due to the Contractor under this Contract,
exclusive of that portion of the final payment designated as retention amounts. Also, for the purposes
of this section, a payment request shall be considered properly executed by the Agency, if funds are
available to pay the payment request and payment is not delayed due to an audit inquiry by the
Agency's financial officer
In the event that the Agency has not made payment within thirty (30) calendar days after the receipt of
a payment request and acceptance of the Contractor's payment request and work, the Agency shall pay
the Contractor interest on the amount of any portion of the payment request, excluding retention
amounts, not made to the Contractor within thirty (30) calendar days of the Agency's receipt of a
payment request and acceptance of the Contractor's work at the legal rate set forth in California Code
of Civil Procedure Section 685.010.
7. STOP NOTICE. The Contractor shall promptly pay all valid bills and charges for material,
labor, equipment or otherwise in connection with or arising out of the performance of this Contract,
and will hold the Agency free and harmless against all liens and/or claims of lien for material, labor or
equipment filed against the Agency, and from and against all expenses and liability in connection
therewith, including, but not limited to, court costs and attorney's fees resulting or arising therefrom.
In the event any liens and/or claims of lien are filed for record against the Agency or any property
owned by the Agency, or the Agency receives notice of any unpaid bill or charge in connection with
the performance of this Contract, the Contractor shall, forthwith either pay and discharge the liens
and/or claims of lien and cause same to be released of record, or the Contractor shall furnish the
Agency with proper indemnity, either by satisfactory corporate Surety Bond or satisfactory title policy.
Said indemnity shall also be subject to approval of the lien holder.
8. TIME FOR COMPLETION. All work under this Contract shall be completed by a date no
later than one hundred twenty(120) calendar days from the date of the Contractor's receipt of a Notice
to Proceed from the Agency which date may first occur; provided, however, it is anticipated that the
Contractor may receive its Notice to Proceed by a date no later than May 22, 2008.
9. EXTENSION OF TIME. If the Contractor is delayed by acts of negligence of the Agency, or
its employees or those under it by the Contract or otherwise, or by changes ordered in the work, or by
strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by
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delay authorized by the Agency, or by any justifiable cause which the Agency shall authorize,then the
Contractor shall make out a written claim addressed to the Agency setting forth the reason for the
delay and the extension of the time requested and forward a copy of the claim to the Agency for
approval. The Agency will evaluate the claim and if the claim is justifiable, will request the Agency's
approval. No such extension will be allowed unless written claim therefore, has been made within
three (3) business days after the delay became apparent.
10. LIQUIDATED DAMAGES FOR DELAY. The provisions of Section 6.9 of the Greenbook
are hereby modified to provide for liquidated damages in the amount of Two Hundred Dollars ($200)
per working day for all unexcused delays on the performance by the Contractor under this Contract.
11. CHANGE ORDERS. No change in work, as described in the Contract Documents, shall be
made except upon the written approval of the Agency. The Contractor shall not be entitled to any
compensation for any additional work unless such written Project Change Order is written and entered
into by the Contractor and the Agency. The Project Change Order shall describe the nature of the
additional work in detail, the location of the work, the estimated time for completion thereof, and
terms of compensation to be paid to the Contractor for its performance in accordance with this
Contract as modified by the Project Change Order.
12. REAL PROPERTY LIENS. The Contractor shall promptly pay all valid bills and charges for
material, labor or otherwise in connection with or arising out of the performance of this Contract, and
will hold the Agency free and harmless against all liens and/or claims of lien for material and labor
filed against the real property or any part thereof, and from and against all expense(s) and liability in
connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising
therefrom. In the event any liens and/or claims of lien are filed for record against the real property, or
the Agency receives notices of any unpaid bill or charge in connection with the performance of this
Contract, the Contractor shall forthwith either pay and discharge the liens and/or claims of lien and
cause same to be released of record, or the Contractor shall furnish the Agency with proper indemnity,
either by satisfactory corporate surety bond or satisfactory title policy. Said indemnity shall also be
subject to approval of the lien holder.
13. INDEMNIFICATIONS AND HOLD HARMLESS. The Contractor shall defend,
indemnify, protect and hold free and harmless the Agency, its officers, employees, and agents from
and against any and all actions, suits, proceedings, claims, demands, losses, costs, injuries to or death
of any person or persons and expenses, including attorney's fees, for injury or damage of any type
claimed which is brought by any individual or entity, whether public or private, as a result of the acts,
errors or omissions of the Contractor, its officers, employees, agents, and its Subcontractors arising
from or related to performance of the work required hereunder to complete the Project.
14. INSURANCE. The provisions of Section 7-3 and Section 7-4 of the Greenbook are hereby
amended to read, as follows, for the purposes of this Contract:
The Contractor shall procure and maintain insurance policies meeting the minimum requirements set
forth below. Insurance shall be provided by insurers satisfactory to the Agency. Certificates
evidencing insurance coverage shall be delivered to the Agency for each policy required herein prior
to commencement of any work. All insurance certificates shall name the Agency as an additional
insured and provide for thirty (30) days prior to written notice of cancellation to the Agency.
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a. Comprehensive General Liability Insurance. The Contractor shall maintain comprehensive
general liability insurance of not less than One Million Dollars ($1,000,000) combined
single limit, per occurrence. The Contractor must provide Comprehensive General
Liability Insurance Policy with appropriate endorsement for builder's course of
construction and fire casualty loss.
b. Automobile Insurance. The Contractor shall maintain comprehensive automobile liability
insurance of not less than One Million Dollars ($1,000,000) combined single limit per
occurrence.
c. Worker's Compensation. The Contractor shall maintain worker's compensation coverage
in accordance with the Laws of the State of California for all workers under which it
employs and Subcontractors performing the work required herein.
15. LABOR PROVISIONS.
a. Prevailing Wages.
The Project is a "public work" as this term is defined under applicable State Law (See
California Labor Code Section 1720, et seq. and California Administrative Code, Title 8, Section
16000, et seq.).
(1) All laborers and mechanics employed or working upon the site of the Project will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on
any account the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at
the time of payment computed at rates not less than those contained in the wage determination of the
Director of the Department of Industrial Relations (the "Director") regardless of any contractual
relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in paragraph d. of this Section 15. Laborers or mechanics performing work in more than one
(1) classification may be compensated at the rate specified for each classification for the time actually
worked therein, provided that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination shall be posted at all times by the
Contractor and its Subcontractors at the site of the Project in a prominent and accessible place where it
can easily be seen by the workers.
(2) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit
or an hourly cash equivalent thereof.
(3) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic, the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that
the Director has found, upon the written request of the Contractor, that the applicable standards of the
PWL have been met. The Director may require the Contractor to set aside, in a separate account,
assets for the meeting of obligations under the plan or program.
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b. Withholding. The Agency shall, upon its own action or upon written request of an
authorized representative of the Department of Industrial Relations, withhold or cause to be withheld
from the Contractor under this Contract or any other Federal contract with the same Contractor, or any
other contract subject to prevailing wage requirements, which is held by the same Contractor, so
much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees and helpers, employed by the Contractor or any
! subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of
the Project, all or part of the wages required by the contract referenced above or by this Contract, the
Agency may after written notice to the Contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
!
C. Payrolls and Basic Records.
! (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during
the course of the work and preserved for a period of three (3) years thereafter for all laborers and
mechanics working at the site of the Project. Such records shall contain the name, address and social
security number of each such worker, his or her correct classification, hourly rates of wages paid, daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the Labor
Commissioner has found under paragraph (3) of this clause that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under such plan or
program, the Contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual costs incurred in providing such benefits. If the Contractor
! employs apprentices or trainees under approved programs, the Contractor shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(2) (i) The Contractor shall prepare weekly payrolls for each week in which any Contract
work is performed. The payrolls shall set out accurately and completely all of the information
required to be maintained under paragraph c (1) above. This information may be prepared in any form
desired. The Contractor is responsible for obtaining copies of payrolls paid by all Subcontractors.
(ii) Each payroll prepared shall be accompanied by a"Statement of Compliance," signed
by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the Contract and shall certify the following:
! (A) That the payroll for the payroll period contains the information required to be
maintained under paragraph c(1) above and that such information is correct and complete;
(B) That each laborer and mechanic (including each helper, apprentice and trainee)
employed on the contract during the payroll period has been paid the full weekly wages earned,
r 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;
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(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) Whenever a Contractor or Subcontractor is found by the Labor Commissioner to
be in violation of the PWL with intent to defraud, the Contractor or Subcontractor shall be ineligible
for a period of not less than one (1) year or more than three (3) years to bid or perform work on a
public works contract.
(3) The Contractor or Subcontractor shall make the records required under paragraph c(1) of
this section available for inspection, copying or transcription by authorized representatives of the
Agency, any office of the Division of Labor Standards Enforcement or the Division of Apprenticeship
Standards, and shall permit such representatives to interview employees during working hours on the
job. If the Contractor or Subcontractor fails to submit the required records or to make them available,
the Labor Commissioner may, after written notice to the Contractor or the Agency, take such action as
may be necessary to cause the withholding of any further payment, advance, or guarantee of funds by
the Agency, and determination of a penalty as set forth in Labor Code Section 1775, et seq.
d. Apprentices and Trainees.
(1) Apprentices. Apprentices, as defined in Labor Code Section 3077, will be permitted to
work at less than the predetermined rate for the work they perform when they are in training under
apprenticeship standards that have been approved by the Chief of the Apprenticeship Standards and
who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of
Division 3 of the Labor Code. The allowable ratio of apprentices to journeymen on the Project site in
any craft classification shall not be greater than the ratio permitted to the contractor as to the entire
work force under the rules and regulations of the California Apprenticeship Council. Any worker
listed on a payroll at an apprentice wage rate, who is not employed as stated above, shall be paid not
less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted
under the apprenticeship standards and agreements shall be paid not less than the applicable wage rate
on the wage determination of the work actually performed. Every apprentice must be paid at not less
than the rate specified in the apprenticeship agreement for the apprentice's level of progress, expressed
as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the
full amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator of Apprentices determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination.
1
(2) Trainees. Trainees will not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and individually registered in an"on-the-job
training" program established pursuant to Labor Code Section 3093. The ratio of trainees to
journeymen on the Project site shall not be greater than permitted under the program pursuant to
Section 3093 by the California Apprenticeship Council in cooperation with the Department of
Education, the Employment Development Department, and the Board of Governors of the California
Community Colleges. Every trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress. Trainees shall be paid fringe benefits in. accordance with
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the provisions of the training program. If the training program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of Apprentices so determines. Any employee listed on the payroll at a trainee rate who
is not registered and participating in an "on-the-job training" program established pursuant to Section
3093, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the Project site
in excess of the ratio permitted under the "on-the-job training" program as established, shall be paid
not less than the applicable wage rate on the wage determination for the work actually performed. In
the event the Administrator of Apprentices withdraws approval of an "on-the-job training" program,
the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the prohibitory discrimination provisions of California law
as set forth in the California Constitution, Article 1, Section 8, Government Code Section 12900, et
seq. and Labor Code Sections 1735, 1777.6 and 3093.
e. Subcontracts. The Contractor and each Subcontractor shall insert in any subcontracts
the clauses contained in paragraphs a. through i. of this Section 15 of this Contract and such other
clauses as may be required, and also a clause requiring the Subcontractors to include these clauses in
any lower tier subcontracts. The Contractor shall be responsible for the compliance by any
Subcontractor or lower tier Subcontractor with all the Contract clauses and all requirements of the
P WL.
f. Contract Termination. A breach of the Contract clauses in paragraphs a. through i. of
this Section 15 and a. through e. of Section 16 below are grounds for termination of this Contract, and
for the withholding of payment by the Agency and notification to the Division of Labor Standards
Enforcement or the Division of Apprenticeship Standards, as applicable.
g. Compliance With Prevailing Wage Law and Related Re ug latory Requirements. All
rulings and interpretations of the PWL and the related regulations promulgated thereunder, contained
in 8 CCR Section 16000, et seq., are herein incorporated by reference in this Contract.
h. Disputes Concerning Labor Standards. Disputes arising out of the labor standards
provisions of this Contract shall not be subject to the general disputes provision of this Contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Industrial Relations
as set forth in 8 CCR section 16000, et seq. Disputes within the meaning of this clause include
disputes between the Contractor (or-any of its subcontracts) and the Agency, the Department of
Industrial Relations, or the employees or their representatives.
i. Certification of Eligibility.
(1) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be
awarded a public works contract by virtue of Labor Code Section 1775, et seq.
(2) No part of this Contract shall be subcontracted to any person or firm ineligible for award
of a public works contract by virtue of Labor Code Section 1775, et seq.
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i
16. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS. As
used in the following provision, the term "laborers" and"mechanics" include watchmen and guards.
a. Overtime Requirements. Neither the Contractor nor any Subcontractor contracting for
any part of the Project which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workday in which he or she is employed on
such work to work in excess of eight (8) hours per day or in any workweek in which he or she is
employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half(1 %2) times the basic rate of
pay for all hours worked in excess of eight (8) hours in such workday or forty (40) hours in such
workweek.
b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any
violation of the clause set forth in paragraph a. above, the Contractor and any Subcontractor
responsible therefore, shall be liable for the unpaid wages. In addition, the Contractor and
Subcontractor shall be liable to the Agency for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph a. above, in the sum of Ten Dollars ($10) for
each calendar day on which such individual was required or permitted to work in excess of the
standard workday of eight (8) hours or workweek of forty (40) hours without payment of the overtime
wages required by the clause set forth in paragraph a. above.
C. Withholding for Unpaid Wages and Liquidated Damages. The Agency shall, upon its
own action or upon written request of an authorized representative of the Department of Industrial
Relations withhold or cause to be withheld, from any monies payable on account of work performed
by the Contractor or Subcontractor under any such contract or any other contract with the same
Contractor, or any other contract subject to the California work hours and safety standards
requirements, which is held by the same Contractor, such sums as may be determined to be necessary
to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph b. above.
d. Working conditions. Neither the Contractor nor any Subcontractor may require any
laborer or mechanic employed in the performance of any contract to work in surroundings or under
working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined
under construction safety and health standards issued by the Department of Industrial Relations.
e. Subcontracts. The Contractor and any Subcontractor shall insert in any subcontracts
the clauses set forth in paragraphs a. through d. above and also a clause requiring the Subcontractor to
include these clauses in any lower tier subcontracts. The Contractor shall be responsible for
compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs
a. through d. of this Section 16.
17. NONDISCRIMINATION. The Contractor, with regard to the work performed by it during
the terms of this Contract, shall not discriminate on the grounds of race, color, or national origin in the
selection and retention of Subcontractors, including procurements of materials and leases of
equipment. The Contractor shall not participate either directly or indirectly in the discrimination
prohibited by the California Constitution and statutory provisions, including the PWL.
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18. CITY OF SAN BERNARDINO MINORITY BUSINESS ENTERPRISES (MBE) AND
WOMEN'S BUSINESS ENTERPRISES (WBE) PROGRAM PROVISIONS. A policy for
establishing goals for participation of the MBE/WBE was adopted on November 20, 1995, by
Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino. This
outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated
January 1995. Bidder's outreach efforts (good faith efforts) must reach out to MBE/WBE and all
other business enterprises. Prime bidder's could reasonably be expected to produce a level of
participation by interested subcontractors of fifteen percent (15%) MBE and five percent (5%) WBE
on this Project. Bidder's shall make every reasonable effort to solicit bids from MBE/WBE. A
justification shall be provided to support the rejection of any bid from a minority or women's business
enterprise.
It is the policy of the City to provide MBE/WBE and all other enterprises an equal opportunity to
participate in the performance of all City contracts. Bidders shall assist the City in implementing this
policy by taking all reasonable steps to ensure that all available business enterprises, including the
local MBE/WBE, have an equal opportunity to compete for and participate in City contracts. If the
City has established expected levels of participation for the MBE/WBE subcontractors, failure to meet
those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a
bidder's good faith effort must be based on information provided on the Good Faith Effort Statement
of MBE/WBE Participation form.
The Contractor, sub-recipient or Subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this Contract. Failure by the Contractor to carry out these
requirements is a material breach of this Contract, which may result in the termination of this Contract
or such other remedy as recipient deems appropriate. The Contractor agrees to pay each Subcontractor
under this Contract for satisfactory performance of its Contract no later than ten (10) calendar days
from the receipt of each payment the Contractor receives from the Agency. The Contractor agrees
further to return retainage payments to each Subcontractor within seven (7) calendar days after the
Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the
above referenced time frame may occur only for good cause following written approval of the Agency.
This clause applies to both the MBE/WBE.
19. CIVIL RIGHTS. The Contractor assures that it will comply with the California Constitution,
Article 1, Section 8,pertinent statutes, and such rules are promulgated to assure that no person shall, on
the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating
in any activity conducted with or benefiting from the Project. This provision binds the Contractor
from the bid solicitation period through the completion of the Contract. This provision shall be
inserted in all subcontracts, subleases and other agreements at all tiers.
20. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF
MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation
made by the Contractor for work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the
Contractor of the Contractor's obligations under this Contract and the regulations relative to
nondiscrimination on the grounds of race, color or national origin.
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21. INFORMATION AND REPORTS. The Contractor shall provide all information and reports
required by the regulations or directives issued pursuant thereto and shall permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by the Agency
to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any
information required of a Contractor is in the exclusive possession of another who fails or refuses to
furnish this information, the Contractor shall so certify to the Agency, as appropriate, and shall set
forth what efforts it has made to obtain the information.
22. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance
with the nondiscrimination provisions of this Contract, the Agency shall impose such contract
sanctions as determined to be appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the Contract until the Contractor
complies and/or;
b. Cancellation, termination or suspension of the Contract, in whole or in part.
23. INSPECTION OF RECORDS. The Contractor shall maintain an acceptable cost accounting
system. The Agency, the Division of Labor Standards Enforcement or the Division of Apprenticeship
Standards shall have access to any books, documents, papers, and records of the Contractor which are
directly pertinent to this Contract or the Project for the purposes of making an audit, examination,
excerpts, and transcriptions. The Contractor shall maintain all required records for three (3) years after
the Agency makes final payment and all other pending matters are closed.
24. RIGHTS IN INVENTIONS. All rights to inventions and materials generated under this
Contract are subject to regulations issued or as may hereafter be issued by the Agency. Information
regarding these rights, as applicable is available from the Agency.
25. BREACH OF CONTRACT TERMS. Any violation or breach of terms of this Contract on
the part of the Contractor or its Subcontractors may result in the suspension or termination of"this
Contract or such other action that may be necessary to enforce the rights of the Agency under this
Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by Law. This Contract shall be interpreted under the laws of
the State of California. The venue for any legal proceeding to enforce or interpret any provisions of
this Contract shall be in the Superior Court of the County of San Bernardino, Main Branch in the City
of San Bernardino. In the event that legal proceedings may be initiated by one (1) party to enforce its
rights under this Contract, then the prevailing party in such legal proceedings shall be entitled to
recover from the other party, its reasonable attorneys' fees either in such legal proceedings or in a
separate action to recover such reasonable attorneys' fees. In the case of the Agency, the words
"reasonable attorneys fees" include the cost and expenses calculated on an hourly basis, of all lawyers
retained by the Agency in connection with the legal representation of the Agency in any matter arising
from the Contract, including, without limitation, attorneys in the Office of the City Attorney and the
Agency General Counsel.
26. TERMINATION OF CONTRACT BY THE AGENCY.
a. The Agency may, by written notice, terminate this Contract in whole or in part at any
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time, either for the Agency's convenience or because of the Contractor's failure to fulfill its Contract
obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice
directs otherwise) and all materials as may have been accumulated in performing this Contract,
whether completed or in process, delivered to the Agency.
b. If the termination is for the convenience of the Agency, an equitable adjustment in the
Contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed
services.
C. If the termination is due to failure to fulfill the Contractor's obligations, the Agency
may take over the work and prosecute the same to completion by the Contract or otherwise. In such
case, the Contractor shall be liable to the Agency for any additional costs occasioned to the Agency
thereby.
d. If, after notice of termination for failure to fulfill the Contract obligations, it is
determined that the Contractor had not so failed, the termination shall be deemed to have been effected
for the convenience of the Agency. In such event, adjustment in the Contract price shall be made as
provided in paragraph b. of this clause.
e. The rights and remedies of the Agency provided in this Section 26 are in addition to
any other rights and remedies provided by law or under this Contract.
27. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of this
Contract in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the regulations of directives issued pursuant thereto. The Contractor shall take such action
with respect to any subcontract or procurement as the Agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance. Provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a
result of such directive, the Contractor may request the Agency to enter into such litigation to protect
the interests of the Agency and, in addition, the Contractor may request the Department of Industrial
Relations to enter into such litigation to protect the interests of the State of California.
28. CONTRACTOR CLAIMS OF $76,400 OR LESS. Claims by the Contractor relating to the
Project for (a) a time extension; (b) money or damages arising from work done by, or on behalf of, the
Contractor on the Project for which payment is not expressly provided for or to which the Contractor
is not otherwise entitled; or (c) an amount that is disputed by the Agency, with a value of Seventy Six
Thousand Four Hundred Dollars ($76,400) or less, are subject to the claims procedures set forth in
California Public Contract Code Sections 20104, et seq., except as otherwise provided in this Contract
and the incorporated documents, conditions and specifications. A copy of California Public Contract
Code Sections 20104 through 20104.6 is attached to this Contract as Exhibit"A."
29. LOBBYING AND INFLUENCING EMPLOYEES.
(1) No public works funding shall be paid, by or on behalf of, the Contractor or its
Subcontractors, to any person for influencing or attempting to influence an officer or employee of the
Agency in connection with the Project.
(2) The terms of the Conflict of Interest Code and any amendments thereto which have been
incorporated by reference into the PWL and constitute the Conflict of Interest Code of the Department
of Industrial Relations are hereby made a part of this Contract.
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30. ASSIGNMENT OF CERTAIN RIGHTS TO THE AGENCY. In entering into this
Contract or a subcontract to supply goods, services, or materials pursuant to this Contract, the
Contractor and/or Subcontractor offers and agrees to assign to the Agency, all rights, title, and interest
in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services or materials pursuant to
this Contract or the subcontract. This assignment shall be made and become effective at the time the
Agency tenders final payment to the Contractor, without further acknowledgment by the parties.
31. ENERGY CONSERVATION REQUIREMENTS. The Contractor agrees to comply with
1 mandatory standards and policies relating to energy efficiency that are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-
163).
32. PROTECTION. The Contractor shall, at all times, provide protection against weather, rain,
wind, storm and heat so as to maintain all work, materials, apparatus and fixtures free from injury and
damage. At the end of a day's work, all new work, and the premises likely to be damaged by failure to
provide protection, as required above, shall be replaced or repaired at the Contractor's expense.
33. CONTRACTORS BEST SKILL. The Contractor shall supervise and direct the work using
its best efforts, skill and attention to ensure the workmanship and materials are of good quality and
that the work is completed in accordance with the Contract. The Contractor shall be solely responsible
for all construction means, methods, techniques, sequences and procedures; safety on the work; and
coordinating all portions on the Project to be performed by the Contractor's laborers, employees,
vendors and subcontractors, if any.
34. LEAD-BASED PAINT. The Contractor agrees to submit to the Agency, an Abatement Plan,
including workdays required and a cost breakdown per the State of California Department of Health
Services Regulations and per South Coast Air Quality Management District prior to the
commencement of work on the Project.
The Agency assumes no liability for damages for personal injury, illness, disability or death to the
Contractors, or employees, agents, or invitees of the Contractor, or to any other person, including
members of the general public, arising from or incident to any activity causing or leading to contact of
any kind whatsoever with lead-based paint on the demolition sites, whether the Agency has properly
warned, or failed to properly warn, any persons injured.
The Contractor agrees to cause all removal, transportation and disposal of the lead-based paint
removed pursuant to this Contract and the Contract Documents without any cost or liability to the
Agency whatsoever. The Contractor shall execute all required documents and pay such fees, taxes and
other charges and assessments as may be charged, levied or assessed as to the removal, transportation
and disposal of the lead-based paint pursuant to this Contract. The Contractor represents and warrants
that all such additional fees, taxes and other charges and assessments are included within the Contract
price set forth in Section 3 hereof.
35. ASBESTOS CONTAINING MATERIALS. The Contractor agrees to submit to the Agency,
an Abatement Plan, including workdays required and a cost breakdown per the State of California
Department of Health Services Regulations and per South Coast Air Quality Management District
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prior to the commencement of work on the Project.
The Agency assumes no liability for damages for personal injury, illness, disability or death to the
Contractors, or employees, agents, or invitees of the Contractor, or to any other person, including
members of the general public, arising from or incident to any other activity causing or leading to
contact of any kind whatsoever with asbestos on the demolition sites, whether the Agency has properly
warned, or failed to properly warn, any persons injured.
The Contractor agrees to cause all removal, transportation and disposal of the asbestos and asbestos
containing materials removed pursuant to this Contract and the Contract Documents without any cost
or liability to the Agency whatsoever. The Contractor shall execute all required documents and pay
such fees, taxes and other charges and assessments as may be charged, levied or assessed as to the
removal, transportation and disposal of the asbestos pursuant to this Contract. The Contractor
represents and warrants that all such additional fees, taxes and other charges and assessments are
included within the Contract price set forth in Section 3 hereof.
36. BUSINESS REGISTRATION CERTIFICATION. The Contractor warrants that it
possesses, or shall obtain immediately after the execution and delivery of this Contract, and maintain
during the period of time that this Contract is in effect, a business registration certification pursuant to
Title 5 of the City Municipal Code, together with any and all other licenses, contractor license,
permits, qualifications, insurance and approvals of whatever nature that are legally required to be
maintained by the Contractor to conduct its business activities within the City.
37. STATE OF CALIFORNIA PREVAILING WAGE DETERMINATIONS. The appropriate
prevailing wage determinations may be obtained from the California Department of Industrial
Relations Internet Web Site at www.dir.ca.gov/dirdatabases.
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IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the parties hereinabove
named, on the day and year first herein written.
AGENCY:
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and litic
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
Agency Coun el
CONTRACTOR:
Dakeno, Inc., a California corporation
By:
Marcia A. Miller, President
Type or Print Contractor's/Bidder's Business Address (City, State and Zip Code)
Contractor's License Contractor License Classification
Contractor's License Expiration Date Bond Number
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IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the parties hereinabove
named, on the day and year first herein written.
AGENCY:
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
Agency oun 1
CONTRACTOR:
Dakeno, Inc., a California corporation
By:
Marcia A. Miller, President
Type or Print Contractor's/Bidder's Business Address (City, State and Zip Code)
Contractor's License Contractor License Classification
Contractor's License Expiration Date Bond Number
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IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the parties hereinabove
named, on the day and year first herein written.
AGENCY:
Redevelopment Agency of the City of San Bernardino,
a public body, corporate an itic
I
By: �z
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
Agency our6el
CONTRACTOR:
Dakeno, Inc., a California corporation
By:
Marcia A. Miller, President
Type or Print Contractor's/Bidder's Business Address (City, State and Zip Code)
Contractor's License Contractor License Classification
Contractor's License Expiration Date Bond Number
Page 15 of 19
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EXHIBIT "A"
California Public Contract Code Sections 20104 through 20104.6
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PUBLIC CONTRACT CODE
SECTION 20104-20104.6
20104. (a) (1) This article applies to all public works claims of
three hundred seventy-five thousand dollars ($375, 000) or less which
arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a
contract between a contractor and a public agency when the public
agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and
3106 of the Civil Code, except that "public work" does not include
any work or improvement contracted for by the state or the Regents of
the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a
time extension, (B) payment of money or damages arising from work
done by, or on behalf of, the contractor pursuant to the contract for
a public work and payment of which is not otherwise expressly
provided for or the claimant is not otherwise entitled to, or (C) an
amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be
set forth in the plans or specifications for any work which may give
rise to a claim under this article.
(d) This article applies only to contracts entered into on or
after January 1, 1991.
20104.2. For any claim subject to this article, the following
requirements apply:
(a) The claim shall be in writing and include the documents
necessary to substantiate the claim. Claims must be filed on or
before the date of final payment. Nothing in this subdivision is
intended to extend the time limit or supersede notice requirements
otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000) ,
the local agency shall respond in writing to any written claim within
45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation
supporting the claim or relating to defenses to the claim the local
agency may have against the claimant.
(2) If additional information is thereafter required, it shall be
requested and provided pursuant to this subdivision, upon mutual
agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further
documented, shall be submitted to the claimant within 15 days after
receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional
information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50, 000) and
less than or equal to three hundred seventy-five thousand dollars
($375,000) , the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in
writing, within 30 days of receipt of the claim, any additional
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documentation supporting the claim or relating to defenses to the
claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be
requested and provided pursuant to this subdivision, upon mutual
agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further
documented, shall be submitted to the claimant within 30 days after
receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional
information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response,
or the local agency fails to respond within the time prescribed, the
claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of
the local agency's failure to respond within the time prescribed,
respectively, and demand an informal conference to meet and confer
for settlement of the issues in dispute. Upon a demand, the local
agency shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any
portion remains in dispute, the claimant may file a claim as provided
in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3. 6 of Title 1 of the
Government Code. For purposes of those provisions, the running of
the period of time within which a claim must be filed shall be tolled
from the time the claimant submits his or her written claim pursuant
to subdivision (a) until the time that claim is denied as a result
of the meet and confer process, including any period of time utilized
by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this
article is intended nor shall be construed to change the time
periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) of Part 3 of Division 3. 6 of Title 1 of the Government Code.
20104 .4. The following procedures are established for all civil
actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the matter to
nonbinding mediation unless waived by mutual stipulation of both
parties. The mediation process shall provide for the selection
within 15 days by both parties of a disinterested third person as
mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the
mediation unless a time requirement is extended upon a good cause
showing to the court or by stipulation of both parties. If the
parties fail to select a mediator within the 15-day period, any party
may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be
submitted to judicial arbitration pursuant to Chapter 2.5 (commencing
with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that code. The Civil
Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4
of the Code of Civil Procedure) shall apply to any proceeding brought
under this subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation
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of the parties, arbitrators appointed for purposes of this article
shall be experienced in construction law, and, upon stipulation of
the parties, mediators and arbitrators shall be paid necessary and
reasonable hourly rates of pay not to exceed their customary rate,
and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good
cause, determines a different division. In no event shall these fees
or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10)
of Title 3 of Part 3 of the Code of Civil Procedure, any party who
after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to
payment of costs and fees under that chapter, pay the attorney's fees
of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses
to participate in the mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any
portion of a claim which is undisputed except as otherwise provided
in the contract.
(b) In any suit filed under Section 20104.4, the local agency
shall pay interest at the legal rate on any arbitration award or
judgment. The interest shall begin to accrue on the date the suit is
filed in a court of law.
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i
r
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management(RIM) Program
DATE: May 23, 2008
TO: Wasana Chantha, Executive Secretary
Economic Development Agency
FROM: Margaret Fedor, Executive Assistant to the Director
City Clerk's Office
RE: Transmitting Documents for Signature—Resolution No. CDC/2008-18
At the Mayor and Common Council meeting of May 19, 2008, the City of San Bernardino
adopted Resolution No. CDC/2008-18 —Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency') to execute a Demolition
Contract by and between the Agency and Dakeno, Inc.,for the demolition of Agency properties
located at 673, 723-739 and 701 West 5th Street, San Bernardino (Downtown Mixed-Use Project
- Central City North Redevelopment Project Area).
Attached are one (1) original contract and two (2) duplicate contracts to be executed. Please
obtain signatures in the appropriate locations and return the original agreement to Margaret
Fedor in the City Clerk's Office, as soon as possible. Please retain one duplicate agreement for
your records and forward the other agreement to the other party.
If you have any questions, please do not hesitate to contact me at ext. 3206.
Thank you.
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date: `� 7-c2 D O PLEASE SIGN AND RETURN
�1 RESOLUTION NO. CDC/2008-18
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
4 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A DEMOLITION CONTRACT BY AND BETWEEN THE
5 AGENCY AND DAKENO, INC., FOR THE DEMOLITION OF AGENCY
PROPERTIES LOCATED AT 673, 723-739 AND 701 WEST 5TH STREET,
6 SAN BERNARDINO (DOWNTOWN MIXED-USE PROJECT - CENTRAL
7 CITY NORTH REDEVELOPMENT PROJECT AREA)
8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
9 community redevelopment agency duly created, established and authorized to transact business and
10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
12 at Section 33000 and is authorized to acquire and demolish blighted properties for redevelopment
13 purposes located within the approved redevelopment project areas in the City of San Bernardino
14 (the "City") in accordance with the CRL; and
15 WHEREAS, the Community Development Commission of the City of San Bernardino (the
1.6 "Commission"), as the governing board of the Agency, has authorized the Agency to assemble,
17 acquire real property and demolish blighted structures for community redevelopment purposes in
18 the Central City North Redevelopment Project Area("Project Area"); and
1.9 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that
20 cannot be remedied by private parties acting alone without community redevelopment assistance;
21 and
22 WHEREAS, on October 15, 2007, the Agency acquired the Garcia property located at 673
2,3 West 5th Street, San Bernardino ("Site I"), on November 30, 2007, the Agency acquired the
24 Ammons property located at 723-739 West 5th Street, San Bernardino ("Site 2"), and on February
21,5 1, 2008, the Agency acquired the Infinite State property located at 701 West 5th Street, San
26 Bernardino ("Site 3"), which Sites 1, 2 and 3 are collectively referred to as the properties (the
21,7 "Properties") within the Project Area; and
2;8
SJ
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