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CITY OF REDLANDS
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
TIL .
CONTRACT
BETWEEN
THE CITY OF REDLANDS
AND
"PRIME CONTRACTOR"
KRETSCHMAR & SMITH, INC.
CITY OF REDLANDS
A.K.SMILEY PUBLIC LIBRARY
EXTERIOR VNIPROVEMENTS
65110110:
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 Kretschmar &
Smith, 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 K SMILEY PUBUC LIMARY CONTRACT- 1
EXTERIOR IMPROVEMENUS
05,10102
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 remove and replace precast and
one(1)course of brick at the Crenellations, 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 Fourteen Thousand Nine Hundred Ninety Dollars and No Cents
($14,990-00), 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.
3.4 Period of Performance.
Contractor shall perform and complete all Work under this Contract within Sixty(60)
Calendar Days, beginning ten (10) Calendar Days after the date on which the Letter of
CITY OF kEDLANDS
AIC
SMILEY PUBLIC LIBRARY CONTRACT- 2
EXTERJOP IMPPOVEMEWS
05110102
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 {Nc
Appt16W 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 Owner's 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.
3.3 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.
.SeBA - OF LC LIBRARY CONTRACT- 3
EXTERIOR IMPROVEMENTS
05110/02
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:
t
Contractor Surety
Kretschmar& Smith, Inc.
JA i
6293 Pedley Road
z
Riverside, California 92509
Attn: Jim Smith Attn:
President (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
Kretschmar& Smith, Ing.
By:
By:
Name: Jim Smith Name Karl N. Haws, Mayor
----------
President Attest:
"'Lp'
L
Title Title(' Lorrie N City Clerk
-
Tax I.D. Number: 33-0070164 APPROVED AS TO FORM:
License: C29 -467211 By-
I M
cH h
Counsel, City f Redlands
CITY OF REDLAINMS CONTRACT-4
A.K.SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEIMENrS
051 10102
CERTIFICATION
LABOR CODE - SECTION 1861
1, the undersigned Contractor, am aware of the provisions of Section 3700 et seq, 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:
Kretschmar & Smith, Inc.
By:
Signature
Jim Smith
Name
President
Title
10/14/2002
Date
CONTRACT (EXHIBIT A)
CITY OF PEDLANDS
A.K.SMILEY PUBLIC LIBRARY
Exterior Improven=ts
07iOZ/02
ATTACHMENT NO. I 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.
Kretschmar & , Smith, Inc.
Contractor
4atur of�Officer
Jimmy C. Smith, President
Typed Name of Officer
CITY OF REDLANDS BIDDER'S CERTIFICATE
A.K. SMILEY PUBLIC LIBRARY REGARDING WORKER'S COMPENSATION
EXTERIOR IMPROVEMENTS ATTACHMENT NO. I 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 employee 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
05/10/02
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.
10/14/2002
Date
Kretschmar & Smith, Inc.
Contractor
Signatup-a'of Officer
Jimmy C. Smith, President
Typed Name of Officer
CITY OF REDLANDS DRUG- FREE WORKPLACE CERTIFICATION
A.K. SMILEY PUBIC LIBRARY ATTACHMENT NO. 2 TO AGREEMENT-1
EXTERIOR IMPROVEMENTS
05/10/02
Conditional Waiver And Release Upon Progress Payment
{California Civil Cade No. 3262 {d} {1}
Upon receipt by the undersigned of a check from
(Maker of Chea)
in the sun- of$
payable to
{Payee or Payees of Check}
and when cheek has been properly endorsed and has been paid by the bank upon which is
drawn,this document shall become effective to release pro rata tante any mechanic's lien, stop
notice or bond right the undersigned has on the job of
located at (Owner)
(job Description)
to the following extent. This release covers a progress payment for labor,services,equipment or
material furnished to
(Your Customer)
through {Date} and does not cover any retention or items
furnished after said date. Before any recipient of this document relies on it, said party should
verify evidence of payment to the undersigned.
Date:
(Company Name)
(Signature)
(Title)
Exhibit 'Br
Unconditional Waiver And Release Upon Progress Payment
(California Civil Code No. 3262 (d) (2)
The undersigned has been paid and has received a progress payment in the sum of:
for labor, services, equipment or material furnished to:
(Your Customer)
on the job of
(Owner)
located at
Gob Description)
and does hereby release pro tanto any mechanic's lien, stop notice or bond right that the
undersigned has on the above referenced job to the following extent. This release covers a
progress payment for labor, services, equipment or material furnished to:
(Your Customer)
through and does not cover any retention or items furnished
(Date)
after that date.
Date:
(Company Name)
(Signature)
(Title)
Note: This document waives rights unconditionally and states that you have been paid for
giving up those rights. This document is enforceable against you if you sign it,even if you
have not been paid, use a conditional release form.
Conditional Waiver And Release Upon Final Payment
{California Civil Code No. 3262 {d} 3)
Upon receipt by the undersigned of a check from
(Maker of Check)
in the sum of•
payable to
(Payee or Payees of Check)
and when check has been properly endorsed and has been paid by the bank upon which is
drawn,this document shall become effective to release any mechanic's lien,stop notice car'bond
right the undersigned:has on the job of
(Owner)
located at•
Gob Description)
This release covers the final payment to the undersigned for all labor, services, equipment or
material furnished on the job, except for disputed:claims for additional work in the amount of
$ Before any recipient of this document relies on it,
the party should verify evidence of payment to the undersigned.
Date;
(Company Name)
(Signature).
(Title)
Note: Single or joint payee may be used. Release effective when check clears the bank with
proper endorsement,
Exhibit IBI
Unconditional Waiver And Release Upon Final Payment
(California Civil Code No. 3262 (d) (4)
The undersigned has been paid in full for all labor, services, equipment or material furnished to
(Your Customer)
on the job of
(Owner)
located at
gob Description)
and does hereby waive and release any right to a mechanic's lien,stop notice,or any right against
a labor and material bond on the job,except for disputed claims for extra work in the amount of:
Date:
(Company Name)
(Signature)
(Title)
Note: This document waives rights unconditionally and states that you have been paid for
giving up those rights. This document is enforceable against you if you sign it,even if you
have not been paid. If you have not been paid, use a conditional release form.
Exhibit 'C'
TILDEN-COIL CONSTRUCTORS, INC.
SAFETY PROGRAM
CODE OF SAFE WORK PRACTICES,
General Conditions:
1. All persons shall follow these safety rules, render every possible aid to safe operations, and report all unsafe
conditions or practices to immediate supervisor.
2. Foremen shall insist on employees observing and obeying every rule,regulation and order,as is necessary to the
safe conduct of the work, and shall such action as is necessary to obtain observance.
3. job supervision shall be responsible for regularly inspecting work areas at frequent intervals for both unsafe
physical conditions,including methods and processes,and the unsafe actions of employees. They shall arrange for
the correction of such conditions.
4. All employees shall be given accident prevention instructions,particularly those regarding hazards and'safety
precautions applicable to the type of work in question. Instructions should be given to correspond with the
progress of the job. I
5. There will be a tailgate/safety meeting held once a month minimum. Frequency of meetings is dependant upon
job requirements. All workmen of the job will attend and sign the attendance list,listing the name and company
they are employed by.
6. Anyone under the influence of intoxicating liquor or drugs shall not be allowed on the job. No alcohol or
drugs will be allowed on the jobsite at any time.
7. Scrap and form lumber with protruding nails and all other debris shall be kept reasonably free from work areas,
passageways,and stairs in and around the jobsite.
Z)
8. Employees shall not enter manholes, underground vaults, chambers, tanks, silos, or other similar places that
receive little ventilation,unless it has been determined that the air contains no flammable or toxic gases or vapors.
Ventilate thoroughly if no means of testing is available. NEVER ENTER ALONE.
9. Employees should be alert to see that all guards and other protective devices are in proper place and adjusted,
and shall report deficiencies promptly to the foreman or superintendent.
10. All injuries shall be reported promptly to an authorized representative of the employer so that arrangements
can be made for medical or first-aid treatment.
11. When lifting heavy objects,use the large muscles of the leg instead of the smaller muscles of the back.
12. Tennis shoes or shoes with thin/work soles shall not be work by any trade.
13. Arrange work so that you are able to face ladder and use both hands while climbing.
14. Gasoline shall not be used for cleaning purposes.
15. No burning,welding,or other source of ignition shall be applied to any enclosed tank or vessel,even if there
are some openings,until it has first been determined that no possibility of explosion exists and authority for the
work is obtained from the employer's representative.
16. Subcontractors are to provide their men with hard hats. Hard hats shall be work when overhead work is going
on, per OSHA requirements, or in any situations that the project superintendent and/or manager feels head
protection is required.
17. No radios, glass bottles or dogs will be allowed on the)obsite.
18. Everyone on the job will wear a shirt and long pants at all times.
19. Toxic wastes or chemicals will not be disposed of on the Jobsite. If it is necessary to have toxic materials on
the Jobsite,the containers must be clearly identified and properly disposed of.
Use of Tools and Equipment
20. Keep faces of hammers in good conditions to avoid flying nails and bruised fingers.
21. Do not lift or lower portable electric tools by means of the power cord. Use a rope or handle.
22. Do not use broken or damaged tools and equipment. Return to warehouse or repair as necessary for safe use.
Advise superintendent immediately.
23. Never block safety guard or skillsaws or any other tools .
24. Old and unsafe ladders are not to be used.
25. Fire extinguishers to be available when required, and at all times when welding.
Machinery and Vehicles
26. Do not attempt to operate machinery or equipment without special permission unless that is one of your
regular duties.
27. Loose or frayed clothing,dangling ties,finger rings,etc.shall not be worn around moving machinery or other
sources of entanglement.
28. Machinery shall not be repaired or adjusted while in operation,nor shall oiling of moving parts be attempted,
except on equipment that is designed or fitted with safeguards to protect the person performing the work.
29. Do not work under vehicles or equipment or machinery supported by jacks or chain hoists without protective
blocking that will prevent injury if jacks or hoists should fail.
30. Operation of tractors,skiploaders,forklifts,bulldozers,and carryalls should be handled with care where there Is
possibility of overturning in dangerous areas like edges of deep fills,cut banks and steep slopes.
31. Pickup and/or delivery of supplies or equipment shall be limited to normal working hours(7:00 a.m.- 3:30
p.m.)unless previously arranged with Project Manager.
Osha Rules and Regulations to Be Followed at All Times