HomeMy WebLinkAboutRA-006-2009 C3 Construction & Developmentr -
CITY OF ATA ADERO
CONTRACT# 9
ATASCADERO COMMUNITY REDEVELOPMENT AGENCY
CONTRACT FOR
C 3 CONSTRUCTION & DEVELOPMENT
for
CHARLES PADDOCK ZOO ENTRANCE 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:
1. 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 shalli at all times remain as to the Redevelopment Agency, an
independent contractorand knot as an employee of the Redevelopment Agency. Nothing in
this Contract shall be construed to be inconsistent with this relationship orstatus. Any persons
employed by Contractor for -the performance of services pursuant to this Contract shall remain
employees of Contractor, shall at all time's be under the direction and control of Contractor,
and, shall not, be considered e_ mployees 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.
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B. INDEPENDENT "INVESTIGATION. The Contractor agrees and °
hereby represents it has satisfied itself by its own investigation and research
regarding the conditions affecting the work to be done and labor and materials needed, and
- that its decision to execute this Contract is based on such independent investigation and
research.
C. COMPLIANCE WITH: EMPLOYMENT LAWS. The Contractor shall keep itself fully
`r 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.,
3. 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 no1ater than December 31, 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
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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 in1h'e 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.
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5. 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.
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B. PERFORMANCE -NOT',,'SUBJECT TO EMPLOYMENT AGREEMENTS. The
Redevelopment Agency acknowledges that the Contractor maybe 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 underthis 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=,beycompensated for non-disputedfees 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 su& time as'the. exact amount of damages, if any, due`the Redevelopment Agency from
Contractor is determined. Allofthe indemnification, defense and hold harmless obligations in
this Contract shall survive termination.
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Atascadero Community Redevelopment Agency
C 3 Construction & Development.
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 Cont'ractor'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 preparedby 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 b&I 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.
r 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 ' his 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 wift subcontractors and agents for
the work contemplated herein., , ,
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10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATIONKEPT' 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 Redevelop ment. Age ncy has the right to reimbursement and indemnity from party
releasing such information for anydamages 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 servedwith 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
'y Contractor and shall remain the property of Contractor upon termination of this Contract.
B. SPECIAL SUPPLIES. Redevelopment Agency shallte responsible for supplying
any special supplies, stationary, `notices, forms or similar items that it requires to be issued with
a Redevelopment Agency logo: LL All such items shall be approved by the Executive Director
and shall be provided at Redevelopment Agency's sole cost and expense.
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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
A 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 employedby 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.
Thejights 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 shalli 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 ofpreventing risk to Contractor or its employees, agents, contractors or
subcontractors.
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16. INDEMNIFICATION:
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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 jequirements imposes no additional obligations on
Redevelopment Agency and wilf 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,
s 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.
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17. INSURANCE:
Contractor shall maintain prior to the beginning of and for. the duration of
4 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 1ocal, 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 useof 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 jurisdictionbeing expressly waived.
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D. Redevelopment Agency has an interest in the qualifications of and capability of the
persons and entities that will, fulfillthe 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 bre_ ach 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 documentationof 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 party. The titles of,the various sections are merely informational and shall not be
construedas a substantive portion of this Contract.
H_ WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter ansing,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.
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J. NOTICES. All invoices; payments, notices; demands, requests,
i` 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 1 oth 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 obligat��io��ns hereunder.
AGREED to this day of, 12,'52009 by the parties as follows,
Approved as to form: C 3 Construction & Development
Counsel for contractor
Approved as to form:
By: ✓�
Brian Pierik, Agency Attorney
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dy: Ak�'--
rd+ika , rincipal
Atascadero Community Redevelopment
Agency
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B: V
y
Wade McKinney, Executive irector
Atascadero Community RedevelopmentAgency
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C 3 Construction & Developments
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.)
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CONTRACTOR
C 3 Cofttruction &-Development
%dre Lekai, Principal
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Atascadero Community Redevelopmenf Agency
C 3 Construction & Development _y _
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 wagesforDeach craft, classification or type of worker needed to
execute this contract will be on file -iii, andavailable at, the office of the Director at 6907 El
Camino Real, Atascadero, CA. Wage determinations are also available online at
www.dir.ca.gov/DLSR/PWD/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 lessA than one hour of apprentice's work for every five hours of Tabor performed by a
journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds
in each craftv,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 pmmiqg under apprenticeship
standards and who have written apprentice contracts, may be mploye on public works in
apprenticeable occupations.
CONTRACTOR.
C (..Construction & Development
Andre Lekai, Principal
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EXHIBIT A
Scope of Work
All work performed shall comply with the engineeringplans, special provisions and
specification instructions, per,:bid package Zoo Entrance and -,Restroom Project, Atascadero
Community Redevelopment Agency Bid No. 2009-010. The aforementioned plans and
specifications, and related documents, are hereby incorporated by reference. The Atascadero
Community Redevelopment Agency has awarded the Zoo Entrance Project for the construction
of Add Alternates Numbers 1, 2 and 3._consisting of the demolition of the existing Zoo entrance
building and the construction of, the newly designed. Zoo entrance building/gift shop. The new
construction will include interior finish improvements consisting ,of ticket, office, restroom, retail
space and storage areas. Per the Agency; Board recommendations, C3 Construction agrees to
coordinate with the City Engineer'to minimize construction costs through the value engineering
process.
The original number of working days determined in the Special Provisions was based
upon the premise that the Zoo Restroom and Entrance projects would be initiated
simultaneously.. The contracts for the; Restroom and Entrance, projects have been awarded
separately and the working days need, to be amended to accommodate Entrance construction.
Therefore, in conformance with Special Provision Section 4.01-1. the contractor shall diligently
prosecute the work to 'completion before the expiration of 150 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 September 22, 2009 meeting of the Atascadero Community Redevelopment Agency, the
contract is awarded to construct Add Alternates Numbers 1, 2 and 3 Entry/Gift shop building and
interior improvements in the amount of $493,655.00.
rev 5/1/06 A-1
792119.3
Atascadero Community Redevelopment, Agency
C 3 Construction & Development
ATASCADERO COMMUNITY REDEVELOPMENT AGENCY
ZOO ENTRANCE AND RESTROOM PROJECT
BID NO. 2009-010
ITEM
NO.
ITEM DESCRIPTION
APPROX.
QTY.
UNIT
TOTAL
ITEM PRICE
1
BASE BID
1 is
Construction of Restroom and Courtyard and all, associated;
Demolition and site work as shown on sheet A" and A--Ible
arkin andpathwayas shown on A1.1 and note 24 A1.3
� Z 7 __7[y n
,
ADD ALTERNATE 1
1 Is
Entry Building Shell and, underground utilities including,rough
plumbing and associated demo and site work as necessary to
accommodate building footprint
369 '?,i3
ADD ALTERNATE 2
1 Is
Interior Finishes including all mechanical, electrical and plumbing,
wall and flooring finishes complete for Tickets area 100, Offices
area 101 and Restroom area 102 _
j 7 o : S
r
ADD ALTERNATE 3
1 Is
Interior finishes including ail mechanical, electrical and plumbing,
wall and flooring finishes complete for Retail area 103 and Storage
area ICA -
3,00?
ADD ALTERNATE 4
1 Is
All Remaining Site work including pavement, demolition, fencing
gates, curbs and utilities not associated with Base bid and Add
Alternate t
t( 3
r
ADD ALTERNATE 5
1 Is
All Trellis components including concrete bases. Faused steel
column frames, cables and sails.
i
TOTAL BID PRICE: $' �`?0
Is = Lump Sum sf = Square Feel ea = Each It = Linear Feet to = Ton
rev 5/1/06 A-2
792119.3
y ,
Atascadero Community Redevelopment Agency
C 3 Construction & Development{
a
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 arice of $493;655.00. Per the Agency Board recommendations, C3 Construction
agrees to coordinate with the City Engineer to minimize construction costs through the value
engineering process. 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 1
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 Entrance Project is located of the Charles Paddock Zoo, Lago Avenue, Atascadero,
California. The project location is shown in the project plans.
rev 5/1/06
o„ 792119.3
C-1
Atascadero Community Redevelopment Agency
C'3 Construction & Development
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 self4risured 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
7921 19.3
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
1011 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 ncy 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 06/4/01 4:33 PM
D-2