HomeMy WebLinkAboutContracts & Agreements_156-2002_CCv0001.pdf CITY OF REDLANDS
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
't Pxu
CONTRACT
BETWEEN
THE CITY OF REDLANDS
AND
"PRIME CONTRACTOR"
ACE REPOINTING SERVICE, INC.
CrFY OF REDL&NDS
A.K.SMILEY PUBLIC LIBRARY
EXTERIOR IMPRONTMENTS
05110,02
CONTRACT FOR THE
CITY OF REDLANDS
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
1. PARTIES AND DATE.
This Contract is made and entered into this 08 day of October, 2002, by and
between the The City of Redlands (hereinafter called the "Owner") and Ace Repointing
Service, Inc. (hereinafter called the "Contractor").
2. RECITALS.
2.1 The Owner is a public agency organized under the laws of the State of
California, with power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by Owner on July
3rd, 2002 has submitted a bid proposal for construction of one or more of the Bid
Categories necessary to complete A.K. Smiley Public Library Exterior Improvements
described in the Contract.
2.3 Owner has duly opened and considered the Contractors bid proposal, and
duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the
other Bid-Documents, and has given written notice to Contractor on August 06, 2002.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance
and Payment Bonds,the certification from the County Clerk verifying, Pursuant to Code of
Civil Procedure Section 995.660, that the Payment Bond surety's certificate of authority
has not been surrendered, revoked, canceled, annulled or suspended or, in the event that
it has been suspended,that it has been renewed, and evidences of insurance coverage as
required by the Contract.
3. TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following
documents, including all exhibits, drawings, specifications and documents therein, and
attachments and addenda thereto:
CITY OF REDLANDS
A,IC SMI-EY PUBLIC LIBRARY CONTRACT- 1
EXTERIOR IMPROVEMENTS
05/10/02
a. Notice Inviting Bids
b. Information to Bidders
C. Contract Bid Forms
d. Contract
e. Contract Appendix
f. Specifications (under separate cover)
9. General Conditions
h. Drawings (under separate cover)
i. Scope of Work Summary (under separate cover)
I. Performance Bond
Payment Bond
Drug-Free Workplace Certification
M. Addendum No. 1 dated July 23, 2002.
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the
Owner all labor, materials, tools, equipment, services, and incidental and customary work
for the construction of Bid Category #5 (as applies to repointing only). Additional
scope comments:
• Bid price based on 2,000 sf. Actual amount to be adjusted based on
final footages and production level.
and necessary to fully and adequately complete A.K. Smiley Public Library Exterior
Improvements, including any alternates selected by the Owner, and all structures and
facilities described in the Contract (hereinafter the "Work"), for a total of Twenty-One
Thousand Two Hundred Ten Dollars and No Cents ($21,210.00), as specified in the
Contract Bid Forms submitted by the Contractor in response to the above referenced
Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the
applicable terms of this Contract. All Work shall be subject to, and performed in
accordance with the above referenced documents.
3.3 Standard.of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike
manner, and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. Contractor represents and
maintains that it is skilled in the professional calling necessary to perform the Work.
Contractor warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Work assigned to them. Finally, Contractor further represents
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Work, and that such
licenses and approvals shall be maintained throughout the term of this Contract.
CITY OF REDLANDS
A-K SMILEY PUBLIC LIBRARY CONTRACT-2
EXTERIOR IMPROVEMENTS
05110/02
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within One
Hundred,Twenty{120) Calendar Days, beginning ten (10)Calendar Days after the date
on which the Letter of Award is sent by the Owner to the Contractor. Moreover, Contractor
shall perform its Work in strict accordance with any completion schedule, construction
schedule or project milestones developed pursuant to provisions of the Contract, including
but not limited the Project Schedule located in the Specifications.
Contractor agrees that liquidated damages will apply in the amount of {Not
Ai I i --'
, Pp- q'd&- -161 PER DAY as provided by the applicable provisions of the General Conditions','
found in Part "B" of the Contract Appendix, for each and every calendar day of delay
beyond the Contract Time, beyond any completion schedule, construction schedule or
Project milestones established in or pursuant to the Project Schedule, or beyond the time
indicated in the Project Schedule for any individual contract activity.
3.5 Owners Basic Obligation.
Owner agrees to engage and does hereby engage Contractor as an independent
contractor to furnish all materials and to perform all Work according to the terms and
conditions herein contained for the sum set forth above. Except as otherwise provided in
the Contract, the Owner shall pay to Contractor, as full consideration for the satisfactory
performance by the Contractor of the services and obligations required by this Contract,
the above referenced compensation in accordance with compensation provisions set forth
in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the
California Labor Code, which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of
that Code,and agrees to comply with such provisions before commencing the performance
of the Work. A certification form for this purpose is enclosed with this Contract, and shall
be executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Contract,the prevailing
party in such action shall be entitled to have and recover from the losing party reasonable
attorneys' fees and all other costs of such action.
CITY OFRLANDS
A-K.SMILEY-EDPUBLIC LIBRARY CONTRACT- 3
EXTERIOR IMPROVEMENTS
051IM2
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors,
and assigns agree to the full performance of all of the provisions contained in this Contract.
Contractor may not either voluntarily or by action of law, assign any obligation assumed by
Contractor hereunder without the prior written consent of the Owner.
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of
the Agreement or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
Contractor Surety
Ace Repointing Service, Inc. PERFORMANCE AND PAAJk
Q, NDS
630 South Anderson Street
Los Angeles, California 90023
Attn: Buck Freeman PFR DAYNE BRASSARD
(Title)
Owner
City of Redlands
A.K. Smiley Public Library
125 West Vine St.
Redlands, California 92373
Attn: Larry Burgess
With Copies To:
Tilden-Coil Constructors, Inc.
3612 Mission Inn Avenue
Riverside, CA 92501
Attn: Dayne Brassard, Project Manager
Any notice so given shall be considered received by the other party three (3) days
after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the
above address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
CONTRACTOR CITY OF REDLANDS
Ace Repointing Service, Inc.
By.
By
Name: Buck Freeman Name Karl N. Haws, Mayor
Attest: k"
Title Title// Lorrie �r, City Clerk
CITY OF REDLANDS CONTRACT-4
A.If.SMILEY PUBLIC LIBRARY
EXTERIOR 111 IPROVEMENITS
05/101,02
Tax I.D. Number: 95-4165183 APPROVED AS TO FOR
License: C29 - 525319 By: ,
D i Mc gh
Counsel, C y of Redlands
CRY OF REDLANMS CONTRACT-5
A.K-SN41LEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
03:20102
CERTIFICATION
LABOR CODE - SECTION 1861
I,the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
Ace Repointing Service, Inc.
Signature
Buck Freeman
Name
PRESIDENT
Title
10-14-02
Date
CONTRACT (EXHIBIT A)
CITY QP REDLANDS
A.K.SMILEY PUBLIC LIBRARY
Exterior Invrovetttents
07102J02
ATTACHMENT NO. 1 TO AGREEMENT
BIDDER'S CERTIFICATE REGARDING WORKER'S COMPENSATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
A. By being insured against liability to pay compensation in one or more insurers duly
authorized to write compensation insurance in this State.
B. By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, which may be given upon furnishing proof satisfactory to the Director of
Industrial Relations, of ability to self-insure and to pay any compensation that may
become due to his employee.
C. For all political subdivisions of the State, including each member of a pooling
arrangement under a joint exercise of powers agreement (but not the State itself),
by securing from the Director of Industrial Relations, a certificate of consent to
self-insure against workers' compensation claims which certificate may be given
upon furnishing proof satisfactory to the director of ability to administer workers'
compensation claims properly, and to pay workers' compensation claims that may
become due to its employees. On or before May 31, 1979, a political subdivision
of the State, which, on December 31, 1978, was uninsured for its liability to pay
compensation, shall file a properly completed and executed application for a
certificate of consent to self-insure against workers' compensation claims. The
certificate shall be issued and be subject to the provisions of Section 3702.
I am aware of the provisions of Section 3700 of the Labor Code, which require every
employer, including sub-contractors, to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of the
code, and I will comply with such provisions before commencing the performance of the
work of this Contract.
ACE REPOINTING SERVICE, INC.
Contractor
Signature of Officer
E.L. (BUCK) FREEMAN, JR.
Typed Name of Officer
CITY OF REDLANDS BIDDERS CERTIFICATE
A.K. SMILEY PUBLIC LIBRARY REGARDING WORKERS COMPENSATION
EXTERIOR IMPROVEMENTS ATTACHMENT NO. 1 TO AGREEMENT- 1
05/10/02
ATTACHMENT NO. 2 TO AGREEMENT
DRUG-FREE WORKPLACE CERTIFICATION
This Drug-Free Workplace Certification form is required from all successful bidders pursuant to
the requirements mandated by Government Code, Section 8350 et. seg., the Drug-Free
Workplace Act of 1990. The Drug-Free Workplace Act of 1990 requires that every person or
organization awarded a contract or grant for the procurement of any property or service from any
State agency must certify that it will provide a drug-free workplace by doing certain specified acts.
In addition, the Act provides that each contract or grant awarded by a State agency may be
subject to suspension of payments or termination of the contract or grant and the contractor or
grantee may be subject to debarment from future contracting, if the contracting agency
determines that specified acts have occurred.
Pursuant to Government Code Section 8355, every person or organization awarded a contract or
grant from a State agency shall certify that it will provide a drug-free workplace by doing-all of the
following:
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is prohibited
in the person's or organization's workplace and specifying actions, which Will be
taken against employees for violations of the prohibition;
B. Establishing a drug-free awareness program to inform employees about all of the
following:
1. The dangers of drug abuse in the workplace.
2. The person's or organization's policy of maintaining a drug-free (controlled
substances, tobacco and alcohol)workplace.
3. The availability of drug counseling, rehabilitation and employee-assistance
programs,
4. The penalties that may be imposed upon employees for drug abuse
violations.
C. Requiring that each employee engaged in the performance of the contract or grant
be given a copy of the statement required by subdivision (A.) and that, as a
condition of employment on the contract or grant, the employee agrees to abide by
the terms of the statement.
1, the undersigned, agree to fulfill the terms and requirements of Government Code Section 8355
listed above and will publish a statement notifying employees concerning (A.) the prohibition of
controlled substance at the workplace, (B.) establishing a drug-free awareness program, and (C.)
requiring that each employee engaged in the performance of the contract be given a copy of the
CITY OF REDLANDS DRUG- FREE WORKPLACE CERTIFICATION
A.K. SMILEY PUBIC LIBRARY ATTACHMENT NO. 2 TO AGREEMENT-1
EXTERIOR IMPROVEMENTS
05/10102
statement required by Section 8355(A.) and requiring that the employee agree to abide by the
terms of that statement.
I also understand that if the OWNER determines that I have either (A.) made a false certification
herein, or (B.) violated this certification by failing to carry out the requirements of Section 8355,
that the contract awarded herein is subject to termination, suspension of payments, or both. I
further understand that, should I violate the terms of the Drug-Free Workplace Act of 1990, 1 may
be subject to debarment in accordance with the requirements of Section 8350 et seq.
I acknowledge that I am aware of the provisions of Government Code Section 8350 et seq. and
hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990.
0 2,
Date
Contractor
—--------------------
Signature of Officer
E.L. (BUCK) FREEMAN, JR.
Typed Name of Officer
CITY OF REDLANDS DRUG- FREE WORKPLACE CERTIFICATION'
A.K. SMILEY PUBIC LIBRARY ATTACHMENT NO. 2 TO AGREEMENT-1
EXTERIOR IMPROVEMENTS
05/10102
This'form should be sent to the joint Apprenticeship Committee
of the craft or trade in the area,of the site of the public work. If
you have any questions as to the address of the appropriate joint PUBLIC WORKS
Apprenticeship Comrni€tee, contact the nearest office of the
` nn of A,opreriticesfiip Standards (DAS). Consult your CONTRACT AWARD INFORMATION
f one directory under California, State of, Industrial
z1aLlons, for the DA5 office in your area.
NAME OF CONTRACTOR CONTRACTOR'S STATE LICENSE NO,
CONTRACTOR'S MAILING ADDRESS-NUMBER 6 STREET,CITY, ZIP CODE AREA CODE E TELEPHONE NO.,
NAME 6 LOCATION Or PUBLIC WORKS PROJECT DATE Or CONTRACT AWARD
DATE Or EXPECTED OR ACTUAL START OF PROJECT
NAME 6 ADDRESS OF PUBLIC ACENCT A*ARDIf:G CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS
APPRENTICES
O:CtJ PAT,GN OF APPRENTICE NUMBER TO BE EMPLOYED APPROXIMATE DATES TO BE EMP-OYED
Check One Of The Boxes Below
Please Note: Your election of options below is not to be deemed a request for the immediate dispatch of
apprentices. Contractors must,make a separate request for actual dispatch.
We will request dispatch of apprentice(s) for this job in accordance with Section 230.1 (A), California Code
of Regulations. We voluntarily choose to comply with the applicable Joint Apprenticeship Committee
Standards for the duration of this job only, with regard to training apprentices and to the payment of
training contributions.
Box 2 We will request dispatch of apprentice(s) for this job in accordance with Section 230.1 (A), California Code
of Regulations, but do not agree to be bound by the applicable Joint Apprenticeship Committee Standards in
training the apprentices, instead, we agree to employ and train apprentice(s) in accordance with the
California Apprenticeship Council regulations, including Section 230.1 of the California Code of Regulations,
governing employment of apprentices on public work projects.
Box 3 We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and we will.
employ and train under the Standards. We will request dispatch of apprentices for this job in accordance
with Section 230.1 (A), California Code of Regulations.
Box 4 We will not request the dispatch of apprentice(s) since apprentices are not required on this job under the
provisions of California Labor Code Section 1777.5, because:
StCnature
Typed Blame
t
Y
Title Dare
State of California Department of Industrial Relations
CTAS IAO (REV, 8/91) DIVISION OF APPRENTICESHIP STANDARDS
Exhibit ID"
State of California`"
Department of Industrial Relations
California Apprenticeship Council
P. O. Box 420603
San Francisco, CA 94142
TRAINING FUND CONTRIBUTIONS
Please use a separate form for each jobsite,
listing the occupations for the jobsite. One check,
payable to the California Apprenticeship Council, California Apprenticeship
may be submitted for all jobsites and/or Council
occupations. Training fund contributions are not `
accepted by the California Apprenticeship Council
for federal public works projects, or for non-
apprenticeable occupations such as laborers,
utility technicians, teamsters, etc.
rANP ADDRESS OF CONTRACTOR/SUBCONTRACTOR MAKING CONTRIBUTION CONTRACTOR'S LICENSE NUMBER
a I £ e75
CONTRACT OR PROJECT NUMBER
'NAtAE AND ADDRESS OF Pt
' � JOBSITE LOCATION (INCLUDE COUNTY) '
I
! PERIOD COVERED BY CONTRIBUTION
f
I
I
CLASS IF[CATION(5) OF WOR
i HOURS CONT. RATE AMOUNT
PER HOUR
c
i
i
l
SIGNATURE
DATE
TITLE
AREA CODE & TELEPHONE NUMBER
CAC 2 (REV. IW21) TRAINING FUND CONTRIBUTIONS
L�C. 1777.5