HomeMy WebLinkAboutContracts & Agreements_131-2002_CCv0001.pdf CITY OF REDLANDS
A.K. SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
CONTRACT
BETWEEN
THE CITY OF REDLANDS
AND
"PRIME CONTRACTOR"
RCB AND SONS, INC.
c
AUG I
CITY OF REDLANDS
A'K.SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10,'02 T IL-T)E,N,
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 06 day of August,2002,by and between
the The City of Redlands (hereinafter called the "Owner") and RCB and Sons, 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 PUBLIC LIBRARY CONTRACT - 1
EXTERIOR tMPROVOMENITS
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)
1. Performance Bond
Payment Bond
Drug-Free Workplace Certification
M. Addendum No. 1 dated July 23, 2002.
3.2 Contractors 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#4 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-Three Thousand Two Hundred Thirty-Four Dollars and No Cents
($23,234.00), 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 One
Hundred,Twenty(120) Calendar Days, beginning ten (10)Calendar Days afterthe date
on which the Letter of Award is sent by the Owner to the Contractor. Moreover, Contractor
CITY OF REDLANDS
A K_SMILEY PUBLIC LIBRARY CONTRACT - 2
EXTERIOR IMPROVEMENTS
05/10/02
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
Applical 60,PER DAY as provided by the applicable provisions of the General Conditions,
found in Park "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.
3.8 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 prier written consent of the Owner.
CITY OFREDLANDS CONTRACT - 3
A,K-SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMENTS
05/10/02
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:
Contractor Surety
RCB and Sons, Inc.
11997 Magnolia Avenue
Riverside, California 92503
Attn: arn�e��\_r A
(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.
CON CTOR CITY OF REDLANDS
RC nd So So
B By:
Name: Eric Barnett Karl N. Haws , Maynr
ATTEST:
Title Irie Po-,.T
City Clerk
Tax I.D. Number 95-3175574 APPROVED AS TO FORM:
License: C27 - 349815 By:
DGM_c H u J h
Counsel, City of Redlands
CITY OF REDLANDS CONTRACT - 4
A.K.SMILEY PUBLIC LIBRARY
EXTERIOR IMPROVEMWM
05/10/02
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et Qg. 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:
RCB and sons, Inc.
By: -,Le�
Signature
Eric Barnett
Mame
Title
Date
CONTRACT (EXHIBIT A)
CITY OF FEDLANDS •�
A.K.SMILEY PUBLIC LIBRARY
Exterior Improvements
07102'02
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 inthisState.
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 clue to his employee.
C. For all political subdivisions of the State, including each member of a pooling
arrangement under e 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, 1970, a political subdivision
of the State, which, on December 31, 1073, 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.
Vcc'—'�
Contractor
Signature of Officer
Eric Barnett
Typed Name of Officer
CITY OF REDLANDS BIDDER'S CERTIFICATE
A.K. SMILEY PUBLIC LIBRARY REGARDING WORKER'S COMPENSATION
EXTERIOR IMPROVEMENTS ATTACHMENT NO. 1 TO AGREEMENT- 1
05110/02
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
statement required by Section 8355(A.) and requiring that the employee agree to abide by the
terms of that statement.
CITY OF REDLANDS DRUG- FREE WORKPLACE CERTIFICATION
A.K. SMILEY PUBIC LIBRARY ATTACHMENT NO. 2 TO AGREEMENT-1
EXTERIOR IMPROVEMENTS
05/10/02
1 001 2 12:29 109-61840725 T*1i..DEIj MIL FAGE 021110?
I also understand that it the OWNER determines that I i"aveeithe-,,(A,) made a false certification
hereiIi, or (8,) violated this certification by fdil!ng to carry out the reouirernents of Section 8355,
thvt the contract &waided herein is subject to terminition, swspenslon of payments, or bcth. I
further understand that, should I violate the terms of the Drug-Free Workpiace Act of 1990, 1 may
be subject to debaw-,nent in acccwdanf*with the requirements of Section 8350 et seq.
I ac knoviledge that I am aware cf the pravisions of Government Code -Section 8350 of seq, and
hereby certify that I will adhere to the re4uirerf jents of the Urug-Free k-Yorkptace Act of 1990.
C tord,
3 nature of 011teel
of Officer
CfTY OF REDLANDS DRUG- FREE AbORKPIt-ACE CERTIMATI ON
A.K. SMILEY PUBIC IBRARY AryACHmENT NO. 2 TO AGREEMENT -
EXTF,P,l()R &PROVEIMENTS
C5110/02