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HomeMy WebLinkAboutRA 004-2009 C3 ConstructionCITY 4r= A I11SCAr' CONTRACT# ATASCADERO COMMUNITY REDEVELOPMENT AGENCY CONTRACT FOR C 3 CONSTRUCTION & -DEVELOPMENT for CHARLES PADDOCK ZOO RESTROOM PROJECT CONTRACTOR SERVICES AGREEMENT FOR THE ATASCADERO COMMUNITY REDEVELOPMENT AGENCY C 3 Construction & Development THIS CONTRACT is made and entered into between ATASCADERO COMMUNITY REDEVELOPMENT AGENCY ("Redevelopment Agency"), and C 3 Construction & Development ("Contractor") Redevelopment Agency and Contractor agree as follows SCOPE AND STANDARDS A. CONTRACT Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the Redevelopment Agency This Contract and its exhibits shall be known as the Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein 2 EMPLOYMENT STATUS OF PERSONNEL. A. INDEPENDENT CONTRACTOR, EMPLOYEES OF CONTRACTOR Contractor enters into this Contract as, and shall at all times remain as to the Redevelopment Agency an independent contractor and not as an employee of the Redevelopment Agency Nothing in this Contract shall be construed to be inconsistent with this relationship or status Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered employees of Redevelopment Agency All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to Redevelopment Agency employees rev 5/1/06 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development B INDEPENDENT INVESTIGATION hereby represents it has satisfied itself by its regarding the conditions affecting the work to that its decision to execute this Contract is research The Contractor agrees and own investigation and research be done and labor and materials based on such needed, and independent investigation and C. COMPLIANCE WITH EMPLOYMENT LAWS The Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D UNLAWFUL DISCRIMINATION PROHIBITED Contractor shall not engage in unlawful employment discrimination Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation TIME OF PERFORMANCE The services of Contractor are to commence upon execution of this Contract by Redevelopment Agency, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than June 30 2010, unless extended by the mutual agreement of both parties 4 COMPENSATION A. TERMS Compensation to the Contractor shall be as set forth in Exhibit B attached hereto and made a part hereof B NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING Contractor shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the Executive Director of the Redevelopment Agency or designee (hereinafter "Executive Director" shall include the Executive Director's designee) Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Redevelopment Agency and Contractor at the time Redevelopment Agency's express written authorization signed by the Executive Director is given to Contractor for the performance of said services rev 5/1/06 2 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development SUPERVISON, LABOR AGREEMENTS AND PERSONNEL. A. CONTRACTOR SUPERVISES PERSONNEL The Contractor shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel The Redevelopment Agency may use any reasonable means to monitor performance and the Contractor shall comply with the Executive Director's request to monitor performance B PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS The Redevelopment Agency acknowledges that the Contractor may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Contractor is legally obligated to comply with these Contracts It is expressly the intent of the parties and it is agreed by the parties that the Contractor's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees C APPROVAL OF STAFF MEMBERS Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Contract. Contractor shall notify Redevelopment Agency of any changes in Contractor's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the Executive Director of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance 6 TERMINATION A. 30 DAYS NOTICE The Redevelopment Agency, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time In the event of such termination, Contractor shall be compensated for non -disputed fees under the terms of this Contract up to the date of termination B OBLIGATIONS SURVIVE TERMINATION Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the Redevelopment Agency for damages sustained by the Redevelopment Agency by virtue of any breach of this Contract by Contractor, and the Redevelopment Agency may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the Redevelopment Agency from Contractor is determined All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination rev 5/1/06 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development ._ m 7 CHANGES The Redevelopment Agency or Contractor may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder Such changes, including any increase or decrease in the amount of Contractor's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the Executive Director 8 PROPERTY OF REDEVELOPMENT AGENCY A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF REDEVELOPMENT AGENCY It is mutually agreed that all materials prepared by the Contractor under this Contract are upon creation and shall be at all times the exclusive property of the Redevelopment Agency, and the Contractor shall have no property right therein whatsoever Redevelopment Agency agrees that Contractor shall bear no responsibility for any reuse of the materials prepared by the Contractor if used for purposes other than those expressly set forth in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of Redevelopment Agency including without limitation information or reports required by government agencies to enable Contractor to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order Contractor will be allowed to retain copies of all deliverables. B CONTRACTOR TO DELIVER REDEVELOPMENT AGENCY PROPERTY Immediately upon termination, or upon the request by the Redevelopment Agency, the Redevelopment Agency shall be entitled to, and the Contractor shall deliver to the Redevelopment Agency, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the Redevelopment Agency as may have been prepared or accumulated to date by the Contractor in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the Redevelopment Agency 9 CONFLICTS OF INTEREST A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Redevelopment Agency or which would in any way hinder Contractor's performance of services under this Contract. Contractor further covenants that in the performance of this Contract, Contractor shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Executive Director Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Redevelopment Agency in the performance of this Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein rev 5/1/06 4 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development 10 CONFIDENTIAL INFORMATION A. ALL INFORMATION KEPT IN CONFIDENCE All materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the Redevelopment Agency, except by court order B REIMBURSEMENT FOR UNAUTHORIZED RELEASE If Contractor or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the Redevelopment Agency has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non - releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements C COOPERATION Redevelopment Agency and Contractor shall promptly notify the other party should Contractor or Redevelopment Agency, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the Redevelopment Agency Redevelopment Agency and Contractor each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding Contractor and Redevelopment Agency agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or Redevelopment Agency However, Redevelopment Agency and Contractor's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response 11 PROVISION OF LABOR EQUIPMENT AND SUPPLIES A. CONTRACTOR PROPERTY Contractor shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract. Redevelopment Agency acknowledges that all equipment and other tangible assets used by Contractor in providing these services are the property of Contractor and shall remain the property of Contractor upon termination of this Contract. B SPECIAL SUPPLIES Redevelopment Agency shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a Redevelopment Agency logo All such items shall be approved by the Executive Director and shall be provided at Redevelopment Agency's sole cost and expense rev 5/1/06 5 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development 12. COMPLIANCE WITH LAW A. COMPLIANCE REQUIRED Contractor shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Contractor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Contractor shall provide a copy of the license(s) upon the request of the Redevelopment Agency The Redevelopment Agency, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of contractor to comply with this section B PREVAILING WAGES The Contractor is required to pay prevailing wages for the work performed under this Agreement, the Contractor shall pay all penalties and wages as required by applicable law 13 SUBCONTRACTING None of the services covered by this Contract shall be subcontracted without the prior written consent of the Executive Director Contractor shall be as fully responsible to the Redevelopment Agency for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor 14 ASSIGNABILITY Contractor shall not assign or transfer any interest in this Contract whether by assignment or notation However, claims for money due or to become due Contractor from the Redevelopment Agency under this Contract may be assigned to a financial institution, but only with prior written consent of the Executive Director Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the Redevelopment Agency The rights and benefits under this agreement are for the sole and exclusive benefit of the Redevelopment Agency and this Contract shall not be construed that any third party has an interest in the Contract. 15 LIABILITY OF CONTRACTOR. Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Contractor's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors The Redevelopment Agency shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors rev 5/1/06 6 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development _ ..,E,.. 16 INDEMNIFICATION A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless Redevelopment Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any negligence, or wrongful act, error or omission of Contractor, willful misconduct, or recklessness of its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. B INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify defend and hold harmless Redevelopment Agency, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor C GENERAL INDEMNIFICATION PROVISIONS Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section Failure of Redevelopment Agency to monitor compliance with these requirements imposes no additional obligations on Redevelopment Agency and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend Redevelopment Agency as set forth here is binding on the successor, assigns or heirs of Contractor and shall survive the termination of this agreement or this section D INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION Without affecting the rights of Redevelopment Agency under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless Redevelopment Agency of liability attributable to the active negligence of Redevelopment Agency, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction In instances where Redevelopment Agency is shown to have been actively negligent and where Redevelopment Agency's active negligence accounts for only a percentage of the liability involved, the obligation of contractor will be for that entire portion or percentage of liability not attributable to the active negligence of Redevelopment Agency rev 5/1/06 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development'-� ,:iAYAFCI1D.�i, 17 INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 18 RECORDS Contractor shall maintain complete and accurate records with respect to labor costs, material expenses parcels abated or serviced and other such information required by Redevelopment Agency that relates to the performance of services under this Contract. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the Redevelopment Agency, which the Redevelopment Agency may specify and change from time to time Contractor shall provide free access to the representatives of Redevelopment Agency or its designees, at reasonable times, to such books and records, shall give Redevelopment Agency the right to examine and audit said books and records, shall permit Redevelopment Agency to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19 MISCELLANEOUS PROVISIONS A. ASSIGNMENT OR SUBSTITUTION Redevelopment Agency has a NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination B UNAUTHORIZED ALIENS Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U S C A. & 1101 et seq ) as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the Redevelopment Agency for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse Redevelopment Agency for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the Redevelopment Agency in connection therewith C. GOVERNING LAW The Redevelopment Agency and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived rev 5/1/06 8 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development D Redevelopment Agency has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Contractor by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted, or added to without the prior written consent of Redevelopment Agency which consent shall not be unreasonably withheld Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling Redevelopment Agency to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation F AMENDMENTS This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void G CONSTRUCTION AND INTERPRETATION Contractor and Redevelopment Agency agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting parry The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any parry of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter I. SEVERABILITY The invalidity illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable rev 5/1/06 9 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development s ; a h `pdi. J NOTICES All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U S Mail) at the following addresses Redevelopment Agency- ATASCADERO COMMUNITY REDEVELOPMENT AGENCY Department of Public Works 6907 EI Camino Real Atascadero, CA 93422 Contractor, C 3 Construction & Development 560 10th Street, #103 Paso Robles, CA 93446 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Contractor warrant and represent that they have the authority to execute this Contract on behalf of their Company and further warrant and represent that they have the authority to bind Contractor to the performance of its obligations hereunder AGREED to this 2 6 day of &6-,J7\ , 2009 by the parties as follows, Approved as to form Counsel for contractor Approved as to form f By Brian Pierik, Agency Attorney C 3 CojonDevelopment By'. 7 Andre L ai, Principal Atascadero Community Redevelopment Agency \g� By - Wade rev 5/1/06 10 792119.3 , Executive Director Atascadero Community Redevelopment Agency C 3 Construction & Development CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal Labor C §§1860,1861) CONTRACTOR C 3 Congtruction & Development 'Andre Lekai, Principal rev 511106 1 1 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to Redevelopment Agency the sum of $25 00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810 (Labor Code § 1813 ) Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this contract will be on file in, and available at, the office of the Director at 6907 El Camino Real, Atascadero, CA. Wage determinations are also available online at www.dir.ca.jzov/DLSR/PV,TD/Southem.html. Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor shall comply with all provisions of Labor Code section 1775 Under Section 1775, Contractor may forfeit as a penalty to Redevelopment Agency up to $50 00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color Only apprentices defined in Labor Code sections 3077, who are. -in ring under apprenticeship standards and who have written apprentice contracts, may be empl ed on public works in apprenticeable occupations. CONTRACTOR C 3 -0onstruction & Development Andre Lekai, Principal rev 5/1/06 12 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development,%: 4 EXHIBIT A Scope of Work All work performed shall comply with engineering plans and specifications instructions, per bid package Zoo Entrance and Restroom Project, Atascadero Community Redevelopment Agency Bid No 2009-010, hereby incorporated by reference. The Zoo Entrance and Restroom Project consists of the demolition of the existing Zoo bathroom and the construction of the newly designed Zoo restroom, courtyard area and accessible handicap parking spaces As per the specifications, the contractor shall diligently prosecute the work to completion before the expiration of 120 working days after the Notice to Proceed has been issued It is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in these specifications, damage will be sustained by the Redevelopment Agency, and that it is and will be impracticable to determine the actual damage which the Redevelopment Agency will sustain, in the event of any, by reason of such delay; and it is therefore agreed that the Contractor will pay to the Redevelopment Agency the sum of FIVE HUNDRED DOLLARS ($500.00) PER DAY for each and every calendar day delay beyond the time prescribed to complete the work; and, the Contractor agrees to pay such Liquidated Damages as herein provided, and in case the same are not paid, agrees that the Redevelopment Agency may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. The Contractor shall not be assessed with Liquidated Damages, nor the costs of engineering and inspection during any delay in the completion of the work caused by acts of the federal government or the public enemy, or acts of God, fire, floods, epidemics, severe weather, or delays of subcontractors due to such causes provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the Redevelopment Agency Engineer in writing of the cause of delay, who shall ascertain the facts and extent of the delay, and his finding of the facts thereon shall be final and conclusive Per the August 11, 2009 meeting of the Atascadero Community Redevelopment Agency, the contract is awarded to construct the Base Bid restroom improvements in the amount of $227 799 00 rev 5/1/06 A-1 792119.3 Atascadero, Community Redevelopment Agency C 3 Construction & Development ATASCADER0 COMMUNITY REDEVELOPMENT AGENCY ZOO ENTRANCE AND RESTROOM PROJECT BID NO. 2009-010 ITEM M NO. ITEM DESCRIPTION UNIT TOTAL ITEM PRICE_ 1 BASE 610 1 is Constructm of Restroom and Courtyard and all associated Demolition and site work as shown on street A1.2 and Accessible and pathway as shown on A1.1 and note 24) Ali 3 2- -7 -parking ADD ALTERNATE 1 1 Is Entry Building Shell and underground utilities including rough plumbing and associatedand site work as necessary to accommodate building ADD ALTERNATE 2 1 Is interior Finishes including all mechanical, electrical and plumbing, all and ndiloonfinishes complete for Tickets area 100,0flices larea 101 and Restroom area 102 ADD ALTERNATE 3 1 Is Interior finishes including all mechanical, electrical and plumbing, wall and ftonng finishes complete for Retail area 103 and Storage area 104 ADD ALTERNATE 4 Is All Remaining Site work including pavement, demolition, fencing gates, curbs and utilities not associated vAth Base bid and Add Alternate I ADD ALTERNATE 5 1 Is All Trellis components including concrete bases, reused steel column frames, cables and sails. C 1+2-, ......... . .. TOTAL BID PRICE:j$ fs=Lump Sum sf = Square Feet ea=Each K=Linear Feet to = Ton rev 5/1/06 A-2 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development EXHIBIT B Compensation and Method of Payment Services provided as described in the Zoo Entrance and Restroom Project specifications will not exceed the total bid price of $227,799.00. Any additional services not included in the scope of services must be approved by an ATASCADERO COMMUNITY REDEVELOPMENT AGENCY Change Order prior to performing any additional work. All additional work authorized by a ATASCADERO COMMUNITY REDEVELOPMENT AGENCY Change Order will be compensated at the same unit cost for the defined services as determined on the bidder's original bid sheet. Payment for work performed will be issued within 30 days of receipt and approval of invoices No invoice will be approved without receipt and approval of certified payroll records Final Payment A 10% retention will be held for thirty-five days after the Notice of Completion is filed with the County of San Luis Obispo The retention will be released upon the ATASCADERO COMMUNITY REDEVELOPMENT AGENCY's final approval and the satisfactory completion of the project. Contractor agrees that the payment of the final amount due under the Contract is contingent upon Contractor furnishing a release of all claims against the Redevelopment Agency arising by virtue of this contract. Disputed contract claims in stated amounts may be specifically excluded by Contractor from the operation of the release rev 5/1/06 B-1 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development EXHIBIT C Location Schedule The Zoo Restroom and Entrance Project is located at the Charles Paddock Zoo, Lago Avenue, Atascadero, California. rev 5/1/06 C-1 792119.3 Atascadero Community Redevelopment Agency C 3 Construction & Development ,. ,> W EXHIBIT D INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as. 1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto) 3 Workers Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees) Minimum Limits of Insurance Lessee shall maintain limits no less than. 1 General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability $1,000,000 per accident for bodily injury and property damage. 3 Employer's Liability $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Redevelopment Agency At the option of the Redevelopment Agency, either- the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the Redevelopment Agency, its officers, officials, employees and volunteers, or the Lessee shall provide a financial guarantee satisfactory to the Redevelopment Agency guaranteeing payment of losses and related investigations, claim administration and defense expenses. rev 5/1/06 D-1 792119.3 Other Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions: 1 The Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the contractor; and with respect toliability arising out of work or operations performed by on on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85) 2 For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Redevelopment Agency 4 Coverage shall not extend to any indeminity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Verification of Coverage Contractor shall furnish the Redevelopment Agency with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Redevelopment Agency or on other than the Redevelopment Agency's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the Redevelopment Agency before work commences. The Redevelopment Agency reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein. 658615 1 DRAFT 06/4/014.33 PM D-2