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Home My WebLink AboutItem 11i - City Manger's Office Reorganization Remodel DATE: January 21, 2020 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Michael Bruckner, Deputy City Manager SUBJECT: CONTRACT WITH VINCOR CONSTRUCTION, INC. FOR THE CITY MANAGER’S OFFICE REORGANIZATION REMODEL IN THE AMOUNT OF $78,294 Recommendation: Approve SUMMARY On December 17, 2019, the City Council unanimously approved the City Manager’s Office Reorganization. Included in that proposal were upgrades to the City Manager’s Office located in Lower City Hall to accommodate the relocation of City Clerk staff to the City Manager’s Office. Approval of the contract with Vincor Construction, Inc. will allow construction to commence to create the additional office spaces and workstations needed to complete the reorganization. Therefore, it is recommended that the City Council approve, and authorize, and direct the City Manager to execute a Contract with Vincor Construction, Inc. for the City Manager’s Office Reorganization Remodel in the amount of $78,294. The contract amount includes a 10% contingency. BACKGROUND The City Manager’s Office reorganization requires minor modifications to the existing City Manager’s Office in order to accommodate the entire department within one area in Lower City Hall. As proposed in Attachment No. 3, the front portion of the City Manager’s Office would be modified to an open concept area with a revised public counter, which will allow for greater interactions with all Department employees and better customer service. This will alleviate administration concerns, enhance the City Manager’s Office culture, improve overall operations, and will include minor modifications to improve security while still creating a friendly and inviting atmosphere for the public to conduct their business. The City Manager would be relocated down the hallway in a remodeled area behind the Mayor’s office. The existing City Clerk’s office area would remain unoccupied for the time being. Contract with Vincor Construction for the City Manager’s Office Remodel Project January 21, 2020 Page 2 of 3 DISCUSSION The California Government Code authorizes public agencies to participate in cooperative purchasing agreements such as those established by Sourcewell while still remaining within the City’s adopted rules and procedures for purchasing. By utilizing a cooperative purchasing program, the City is able to streamline the procurement process for these services at a lower cost than the traditional competitive bidding process. Sourcewell awarded a contract to Vincor Construction, Inc. for a series of specialized construction related services. A copy of the agreement between Sourcewell and Vincor Construction, Inc. is attached. The bidding process and the contract with Vincor Construction, Inc. have been reviewed by the PWSD and it has been determined to meet the City’s procurement requirements. The City has previously contracted with Vincor Construction, Inc. and has been satisfied with their service The one-time cost is expected to be $78,294 for construction and $30,791 for furniture. Both figures include a 10% contingency. Design and construction would commence immediately upon approval of this report and the office spaces would be available sometime this Spring. ENVIRONMENTAL IMPACT The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”). In addition, this work would be considered minor modifications to an existing facility, which is also exempt from CEQA requirements. Thus, this matter is exempt under CEQA. FISCAL IMPACT On December 17, 2019, the City Council approved the City Manager’s Office Reorganization which, in part, was funded through $88,550 in cost savings from the Chief Deputy City Clerk/Records Manager position being vacated. A portion of those savings have been re-appropriated for this effort. In addition, the City Council also approved a supplemental budget appropriation in the amount of $36,160 to offset additional one-time construction and furniture acquisition costs. Therefore, sufficient funds are available in the General Fund for this activity. RECOMMENDATION It is recommended that the City Council determine that this action is exempt under the California Environmental Quality Act (“CEQA”); and to approve, authorize, and direct the City Manager to execute a Contract with Vincor Construction, Inc. for the City Contract with Vincor Construction for the City Manager’s Office Remodel Project January 21, 2020 Page 3 of 3 Manager’s Office Reorganization Remodel in the amount of $78,294, including a 10% contingency. Attachment No. 1: Proposed Short Form Contract Attachment No. 2: Sourcewell Work Order Attachment No. 3: City Manager’s Office Layout 24347.00006\9536520.2 1 CITY OF ARCADIA SHORT-FORM CONSTRUCTION CONTRACT CITY MANAGER OFFICE REMODEL PROJECT This Contract is made and entered into this _____ day of ______________, 2020 by and between the City of Arcadia, a municipal organization organized under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”) and Vincor Construction, Inc., a California Corporation, with its principal place of business at 2651 Saturn Street, Brea, CA 92821 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract. RECITALS A.City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. B.Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. C.City desires to engage Contractor to render such services for the City Manager Office Remodel Project (“Project”) as set forth in this Contract. The City and the Contractor for the considerations stated herein agree as follows: CONTRACT 1. Parties. 1.1 City’s Representative. The City hereby designates Tom Tait, Public Works Services Director, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 1.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, the Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may Attachment No. 1 24347.00006\9536520.2 2 be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval. 2. 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: CA-08-SL-B-B-030618-VCI. 3. Contractor’s Basic Obligation; Scope of Work. 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 necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “A” attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in Exhibit ”B” attached hereto and incorporated herein by this reference. 4. Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City. 5. Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within Forty-Five (45) calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to the Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Two Hundred Thirty-Seven Dollars and Twenty-Five Cents ($237.25) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 6. Standard of Performance; Performance of Employees. 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 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, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who 24347.00006\9536520.2 3 fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work. 7. Substitutions / “Or Equal”. 7.1 Pursuant to Public Contract Code Section 3400(c) the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” 7.2 Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. If the City has specified particular deadlines prior to the thirty-five day period after contract award, such deadlines, if any, shall be set forth in the Special Conditions attached hereto. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. 7.3 The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. 7.4 The Contractor shall bear all of the City’s costs associated with the review of substitution requests. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 8. Stormwater Pollution Prevention Plan. If applicable, the Contractor shall file a Notice of Intent and procure a State Water Resources Control Board (State Water Board) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (Permit). The Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to initiating work. The Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by Permit. It shall be the 24347.00006\9536520.2 4 responsibility of the Contractor to evaluate and include in the Total Contract Price, the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revisions to the SWPPP. The Contractor shall also include in the Total Contract Price the cost of monitoring as required by the Permit. 9. Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 10. City’s Basic Obligation. City 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 City 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. 11. Compensation and Payment. 11.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of SEVENTY-ONE THOUSAND, ONE HUNDRED SEVENTY-FIVE DOLLARS AND FIFTEEN CENTS ($71,175.15) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 11.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. 11.3 Contract Retentions. From each approved progress payment, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 24347.00006\9536520.2 5 11.4 Other Withholdings. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums. 11.5 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City. 12. Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 13. Termination. 13.1 If Contractor fails to commence work as provided in this Contract, or fails to make delivery of materials promptly as ordered, or to maintain the rate of delivery or progress of the work in such manner as in the opinion of City's authorized representative will ensure a full compliance with the Contract within the time limit, or if in the opinion of City's authorized representative, Contractor is not carrying out the provisions of the contract in their true intent and meaning, written notice will be served on Contractor and its Surety to provide, within a specified time to be fixed by City's authorized representative, for satisfactory compliance with the Contract. If Contractor neglects or refuses to comply with such notice within the time therein fixed, he/she 24347.00006\9536520.2 6 shall not thereafter exercise any rights under said Contract or be entitled to receive any of the benefits thereof, except as hereinafter provided, and City's authorized representative may, with the approval of the City Council, perform any part of the work or purchase any or all of the material included in the Contract or required for the completion thereof, or take possession of all or any part of the machinery, tools, appliances, materials and supplies used in the work covered by the Contract or that have been delivered by or on account of Contractor for use in connection therewith, and the same may be used either directly by City or by other parties for it, in the completion of the work. 13.2 City has the right to terminate or abandon any portion or all of the work under this Contract by giving ten (10) calendar days written notice to Contractor. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Contractor the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Contractor of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. A termination without cause by City shall not act as or be deemed a waiver of any potential known or unknown City claims associated with Contractor’s performance prior to the date of termination. 13.3 Contractor may terminate its obligation to provide further services under this Contract upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Contract through no fault of Contractor. 14. Completion of Work. When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory W ork, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 15. Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor. 16. Loss and Damage. Except as may otherwise be limited by law, the Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. 17. Indemnification. 24347.00006\9536520.2 7 17.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its respective officials, officers, agents, employees, and representatives (“Indemnitees”) from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to tangible property or persons (including wrongful death, accidents or injuries arising from the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of products or in rendering services under the Contract Documents, such as automobile accidents, trip/slip and fall accidents and third party assaults) arising out of or resulting from the performance of the Work or this Contract (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor’s own cost, expense and risk, with legal counsel of Indemnitee’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its respective officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City and its respective officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782, related to claims arising out of the City’s active negligence or willful misconduct. 17.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Contractor has been named in the claim or lawsuit. 17.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or any other loss, damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the active negligence or willful misconduct of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the Contractor has no direct contributory or incidental negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no way a proper party to a particular claim, then the Contractor shall not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim, then the Contractor’s obligations under all of the terms and provisions of the preceding section shall remain in full force and effect. 17.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under this Article, pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or agreement. 17.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract, Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold harmless as provided in this Contract shall not in any way be affected or diminished by any 24347.00006\9536520.2 8 statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers’ compensation laws. 18. Insurance. 18.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 18.2 Minimum Requirements. Contractor shall, at its expense, 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 W ork hereunder by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage: (a) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). (b) Minimum Limits of Insurance. Contractor 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 including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Contract/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) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. 18.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (a) General Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it. 24347.00006\9536520.2 9 (b) Automobile Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (c) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (d) All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 18.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City. 18.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 18.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 18.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. 18.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 18.9 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. In addition, Contractor shall include all subcontractors as insureds 24347.00006\9536520.2 10 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. 18.10 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract. 19. Bond Requirements. 19.1 Payment Bond. If required by law because the Total Contract Price exceeds $25,000 or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 19.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 19.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If the Contractor fails to furnish any required bond, the City may terminate the Contract for cause. 19.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 20. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently 24347.00006\9536520.2 11 display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 21. Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 22. Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 24347.00006\9536520.2 12 22.1 Immigration Reform and Control Act. Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ("IRCA"). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the IRCA. In addition, Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Contractor's employees, or the employees of any subcontractor hired by Contractor, are not authorized to work in the United States for Contractor or its subcontractor and/or any other claims based upon alleged IRCA violations committed by Contractor or Contractor's subcontractor(s). 23. Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 24. Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 25. Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 26. Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 27. Labor Code Provisions. 27.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq ., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. 24347.00006\9536520.2 13 Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than $200 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. 27.2 Apprenticeable Crafts. If the Total Contract Price exceeds $35,000 and if Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. 27.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 27.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, the Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on the Contractor. 27.5 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies 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. 27.6 Labor Compliance. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole 24347.00006\9536520.2 14 responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. 27.7 Contractor and Subcontractor Registration. If bids are due on or after March 1, 2015, or this Contract is awarded on or after April 1, 2015, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. 28. Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City. 29. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30. Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the Parties. 31. Claims of $375,000 or Less. Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in California Public Contract Code §§ 20104, et seq. 32. Claims. Pursuant to Public Contract Code Section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claim, relating to the Contract. The City is entitled to recover its reasonable costs incurred in providing such notification. 33. Prohibited Interests. 33.1 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 33.2 Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor 24347.00006\9536520.2 15 agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work. 34. Certification of License. Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature. 35. General Provisions. 35.1 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: City Contractor City of Arcadia Vincor Construction, Inc. 240 West Huntington Drive 2651 Saturn Street Arcadia, CA 91066 Brea, CA 92821 Attn: Tyler Polidori Attn: John Kang, Vice President General Services Superintendent Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and 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. 35.2 Time of Essence. Time is of the essence in the performance of this Contract. 35.3 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 35.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 35.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 35.6 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 35.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or 24347.00006\9536520.2 16 service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 35.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 35.9 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 35.10 Governing Law. This Contract shall be governed by California law. Venue shall be in Los Angeles County. 35.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 35.12 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. 35.13 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 35.14 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written. CITY OF ARCADIA VINCOR CONSTRUCTION, INC. Dominic Lazzaretto City Manager Name & Title Attest: City Clerk Name & Title Classification of Contractor’s License APPROVED AS TO FORM: 24347.00006\9536520.2 17 _______________________ Stephen P. Deitsch City Attorney EXHIBIT “A” PLANS AND SPECIFICATIONS The project plan and proposal (Work Order 072472.00) are incorporated into this Contract. 24347.00006\9536520.2 18 EXHIBIT “B” SPECIAL CONDITIONS NO SPECIAL CONDITIONS FOR THIS PROJECT 19 24347.00006\9536520.2 EXHIBIT “C” PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the “City”), by action taken or a resolution passed _________________ , 20____ has awarded to Vincor Construction, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: City Manager Office Remodel Project (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of SEVENTY-ONE THOUSAND, ONE HUNDRED SEVENTY-FIVE DOLLARS AND FIFTEEN CENTS ($71,175.15) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 et seq. of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 et seq. of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or 20 24347.00006\9536520.2 extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 et seq. of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Principal (Property Name of Contractor) By (Signature of Contractor) (Seal of Surety) Surety By Attorney in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and surety and a power of Attorney MUST BE ATTACHED. 24347.00006\9536520.2 21 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as “City”) has awarded to Vincor Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for City Manager Office Remodel Project (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of SEVENTY-ONE THOUSAND, ONE HUNDRED SEVENTY- FIVE DOLLARS AND FIFTEEN CENTS ($71,175.15), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or 24347.00006\9536520.2 22 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2020. CONTRACTOR/PRINCIPAL Name By: SURETY: By: Attorney-In-Fact The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. 24347.00006\9536520.2 23 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of process in California, if different ___________________________________________ from above) ___________________________________________ (Telephone number of Surety and ___________________________________________ Agent or Representative for service of process in California Note: Appropriate Notarial Acknowledgments of Execution by Contractor and surety and a power of Attorney MUST BE ATTACHED. Work Order Signature Document EZIQC Contract No.: CA-08-SL-B-B-030618-VCI Arcadia City Manager office remodel New Work Order 072472.00 Modify an Existing Work Order Work Order Title: Work Order Number.:Work Order Date: X 10/17/2019 Contractor Name: Contact: Phone: Contact: Phone: John Kang 714-528-2900 Owner Name:City of Arcadia Public Works Services Department Tyler Polidori 626-254-2710 Vincor Construction Inc. Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-08-SL-B-B-030618-VCI. Brief Work Order Description: City Hall, City Manager’s office remodel, includes demo, patching, doors, beam support, T-bar ceiling, flooring, painting etc.. Will not apply:Liquidated Damages Will apply: Estimated Completion Date: Estimated Start Date: Time of Performance X Work Order Firm Fixed Price: $71,175.15 Owner Purchase Order Number: Approvals Date DateContractorCity of Arcadia Public Works Services Department 2.00 Page 1 of 1 10/17/2019 Work Order Signature Document Attachment No. 2 3.00 Detailed Scope of Work Tyler PolidoriJohn KangTo:From: Vincor Construction, Inc.City of Arcadia Public Works Services Department 2651 Saturn Street 11800 Goldring Rd. Brea, CA 92821 Arcadia, CA 91066 714-528-2900 626-254-2710 Work Order Number: October 17, 2019Date Printed: 072472.00 Arcadia City Manager office remodelWork Order Title: Brief Scope:City Hall, City Manager’s office remodel, includes demo, patching, doors, beam support, T-bar ceiling, flooring, painting etc.. Revised FinalPreliminaryX The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. See attached DSOW document. Subject to the terms and conditions of JOC Contract CA-08-SL-B-B-030618-VCI. Contractor Date DateCity of Arcadia Public Works Services Department Page 1 of 1 10/17/2019 Scope of Work Arcadia City Manager office remodel, JO #072472.00 - Detailed Scope of Work Provide all labor, materials, and equipment to perform the following: 1.City Manager’s Office: a.Remove partition wall between City Manager’s office and Lobby/Clerical Staff area. Removal to include necessary shoring. Includes structural engineer observation, plan and calculations. Excludes extensive repairs by structural engineer's directive that may require concrete demo, new footings and any major re-work required for load bearing wall support. b.Install appropriate header and framing required for partition wall removal. Install drywall over new header area. Finish and paint drywall. c.Patch suspended ceiling sections where wall was removed. d.Patch carpet area and cove base where wall was removed. (Owner verified that replacement carpet is available through Bentley Mills Carpet; style, Hollywood Sequel; color, Villa Bonita 801510) e.Patch drywall on adjacent wall sections f.Relocate existing a/c sensor located on east wall g.Relocate existing light switches to north wall h.Relocate existing electrical outlet on north wall i.Relocate existing electrical outlet on east wall to south wall. Electrical will be used to power island cabinet section. j.Install door on north wall. Installation to include necessary framing and header. Installation to repurpose door removed from City Attorney’s office. k.Patch carpet where new door was installed. (Owner verified that replacement carpet is available through Bentley Mills Carpet; style, Hollywood Sequel; color, Villa Bonita 801510) l.Paint all walls and trim in office. 2.Mike Bruckner’s office: a.Remove existing door on east wall. Frame, drywall, and paint hole in wall resulting from door removal. b.Relocate existing electrical receptacle on south wall. 3.Lobby/Clerical Staff area: a.Relocate existing light switch from west wall to south wall. b.Paint all walls, trim, and doors in Lobby/Clerical Staff area. 4.City Attorney’s Office: a.Remove partition wall and door between City Attorney’s office and Storage Room. b.Patch suspended ceiling sections where wall was removed. c.Patch carpet area and cove base where wall was removed. (Owner verified that replacement carpet is available through Bentley Mills Carpet; style, Hollywood Sequel; color, Villa Bonita 801510) d.Relocate existing quadplex electrical receptacle on east wall. e.Patch adjacent wall sections f.Re-orient 4 troffer light fixtures to match orientation of light fixtures in Storage Room. g.Relocate existing light switches on north wall to opposite side of north entry door. h.Paint all walls, trim, and door in City Attorney’s office 5.Storage Room: a.Remove and dispose of all storage cabinets in room. b.Patch carpet where cabinets were removed. (Owner verified that replacement carpet is available through Bentley Mills Carpet; style, Hollywood Sequel; color, Villa Bonita 801510) c.Relocate existing electrical located on storage cabinets. d.Change handing of hallway entry door from “right hand reverse”, to “left hand”. Door will now swing into office with hinge on east side of jamb. e.Paint all wall, trim, and door in Storage Room. 6.Hallway: a.Remove north door/doorjamb and west doorjamb. Repair drywall resulting from jamb removal and paint. b.Patch carpet where door jamb was removed. c.Paint all walls, trim, and doors, in hallway. 7.All interior areas not mentioned in items 1-6 of scope of work: a.Paint all doors and door jambs. b.Paint all base molding. Clarifications: Any additional work due to unforeseen conditions will be treated as a supplemental to the work order. Excludes any design, engineering, permit and plan check fees. Excludes any ACM/Lead testing and/or abatement. Excludes any upgrades to existing fire life safety devices and/or system. Excludes any new and/or rework of existing voice and data systems. Excludes any new and/or upgrades to existing light fixtures, HVAC and air balancing existing system. 4.00 Contractor's Price Proposal - Summary Owner PO #: Arcadia City Manager office remodel 072472.00 CA-08-SL-B-B-030618-VCIIQC Master Contract #: Work Order #: Title: Re: October 17, 2019Date: Proposal Value: Contractor: Vincor Construction Inc. $71,175.15 $17,244.11Section - 01 $1,400.36Section - 02 $6,615.88Section - 06 $4,942.78Section - 08 $28,878.50Section - 09 $3,477.09Section - 10 $177.79Section - 12 $918.04Section - 23 $7,520.60Section - 26 Proposal Total Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $71,175.15 The Percentage of NPP on this Proposal:% Page 1 of 1 10/17/2019 Contractor's Price Proposal - Summary 5.00 Contractor's Price Proposal - Detail Arcadia City Manager office remodel 072472.00 CA-08-SL-B-B-030618-VCIIQC Master Contract #: Work Order #: Owner PO #: Title: Re: October 17, 2019Date: Proposal Value: Contractor: Vincor Construction Inc. $71,175.15 (Excludes)Equip.MaterialLabor Line TotalDescriptionUOMMod.ItemSect. Section - 01 01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. 1 $1,532.15EA Installation =x x 1,532.15 FactorUnit PriceQuantity Total 1.00 1.1000 1,392.86 BOND FEE - ($69,643.00 X 2% = $1,392.86) 01 22 20 00 0086 Engineer2 $6,895.20HR Installation =x x 6,895.20 FactorUnit PriceQuantity Total 130.00 1.0608 50.00 SURVEY & STRUCTURAL CALCULATION INVESTIGATION: SURVEY INVESTIGATION - 8HRS STRUCTURAL CALCS - 24HRS STRUCTURAL OBSERVATION - 14HRS STRUCTURAL REPORT - 4HRS TOTAL = 50 01 22 23 00 0052 17' Electric, Scissor Platform Lift3 $352.48DAY Installation =x x 352.48 FactorUnit PriceQuantity Total 166.14 1.0608 2.00 LIFT TO INSTALL NEW BEAM 01 22 23 00 0156 200 to 1,000 CFM Portable Air Scrubber4 $2,105.56MO Installation =x x 2,105.56 FactorUnit PriceQuantity Total 992.44 1.0608 2.00 DUST CONTROL - (2EA X 1MO = 2) 01 22 23 00 1000 5,000 LB Straight Mast, Industrial Warehouse Forklift With Full-Time Operator5 $993.44DAY Installation =x x 993.44 FactorUnit PriceQuantity Total 936.50 1.0608 1.00 MOVE HEAVY BEAM MATERIALS 01 54 23 00 0049 6" x 8" Temporary Lumber6 $615.26LF Installation =x x 510.24 FactorUnit PriceQuantity Total 4.81 1.0608 100.00 Demolition x x = 105.02 0.99 1.0608 100.00 TEMP SHORING FOR LOAD BEARING WALL 01 56 16 00 0003 6 Mil, Plastic Sheeting, Applied To Floors7 $742.56SF Installation =x x 742.56 FactorUnit PriceQuantity Total 0.28 1.0608 2,500.00 PROTECT EXISTING FURNITURE Page 1 of 10 10/17/2019 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:072472.00 Arcadia City Manager office remodel Section - 01 01 56 16 00 0082 3 Mil, Temporary Self-adhesive Carpet Protection Film8 $375.50CSF Installation =x x 375.50 FactorUnit PriceQuantity Total 16.09 1.0608 22.00 FLOOR PROTECTION 01 66 19 00 0047 Removal, Transport, Return And Reinstallation Of Office FurnitureIncludes general, desks, tables, file cabinets (full), chairs, storage boxes, bookshelves, office equipment and computers (per SF of office area). Not to be used when amount of furniture is less than 55% of total floor space. 9 $2,114.07SF Installation =x x 2,114.07 FactorUnit PriceQuantity Total 0.91 1.0608 2,190.00 REMOVE AND RE-INSTALL EXISTING FURNITURE - (73' X 30' = 2190) 01 66 19 00 0049 Transfer Delivered Materials Distances Greater Than 125', Per CY Of Material Per 125'For delivery, demolition or miscellaneous moving required by owner. 10 $380.07CY Installation =x x 380.07 FactorUnit PriceQuantity Total 13.27 1.0608 27.00 2190 X 2" X 2 (MATERIAL + DEBRIS) = 27 01 71 13 00 0002 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback Flatbed TruckIncludes delivery of equipment, off loading on site, rigging, dismantling, loading and transporting away. For equipment such as trenchers, skid-steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom manlifts with up to 40' boom lengths, etc. 11 $427.12EA Installation =x x 427.12 FactorUnit PriceQuantity Total 201.32 1.0608 2.00 SCISSOR LIFT, FORKLIFT 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 12 $710.70EA Installation =x x 710.70 FactorUnit PriceQuantity Total 669.97 1.0608 1.00 GENERAL DEBRIS $17,244.11Subtotal for Section - 01 Section - 02 02 41 19 16 0053 Demolish Wood Or Metal Framed Interior Partition/Wall With Drywall 2 Sides13 $1,400.36SF Installation =x x 1,400.36 FactorUnit PriceQuantity Total 3.07 1.0608 430.00 DEMO EXISTING WALLS: CITY MANAGER OFFICE - (20' X 10'H = 200) CITY MANAGER DOOR OPENING - (5' X 8'H = 40) CITY ATTORNEY OFFICE - (19' X 10'H = 190) TOTAL = 430 $1,400.36Subtotal for Section - 02 Section - 06 06 05 23 00 0007 10 Gauge Framing Anchor14 $57.28EA Installation =x x 57.28 FactorUnit PriceQuantity Total 5.40 1.0608 10.00 BEAM ANCHORS Page 2 of 10 10/17/2019 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:072472.00 Arcadia City Manager office remodel Section - 06 06 05 23 00 0011 12-3/8" High x 2-1/2" Wide x 2-1/2" Deep, 10 Gauge, Hold Downs, (Simpson Strong Tie® HD7B) 15 $231.30EA Installation =x x 231.30 FactorUnit PriceQuantity Total 54.51 1.0608 4.00 BEAM POST HOLD DOWNS 06 05 23 00 0021 16 Gauge Joist Hanger, For 4" x 10"-4" x 14" Joist, Also Acceptable For Beam Hangers 16 $37.13EA Installation =x x 37.13 FactorUnit PriceQuantity Total 8.75 1.0608 4.00 BEAM HANGERS 06 11 16 00 0061 2" x 4" Wood Wall Framing At 16" On Center17 $307.55SF Installation =x x 307.55 FactorUnit PriceQuantity Total 1.51 1.0608 192.00 WALL FRAME REPAIR: CITY MANAGER OFFICE - (10' X 15'H = 150) MB OFFICE - (3' X 7' X 2 DOOR OPENINGS = 42) TOTAL = 192 06 11 16 00 0061 0003 For Up To 200, Add18 $54.10MOD Installation =x x 54.10 FactorUnit PriceQuantity Total 0.50 1.0608 102.00 06 11 16 00 0062 2" x 6" Wood Wall Framing At 16" On Center19 $1,103.23SF Installation =x x 1,103.23 FactorUnit PriceQuantity Total 2.08 1.0608 500.00 SOFFIT/BEAM FRAMING SUPPORT 06 11 16 00 0062 0004 For >200 To 500, Add20 $180.34MOD Installation =x x 180.34 FactorUnit PriceQuantity Total 0.34 1.0608 500.00 06 11 16 00 0107 4" x 6" Wood Post21 $222.77LF Installation =x x 222.77 FactorUnit PriceQuantity Total 4.20 1.0608 50.00 BEAM HEADER POST SUPPORT 06 11 16 00 0155 2" x 4" Wood Blocking To Wood22 $239.21LF Installation =x x 239.21 FactorUnit PriceQuantity Total 4.51 1.0608 50.00 MISC BLOCKING 06 13 23 00 0028 6" x 12", Douglas Fir, Heavy Timber Beam23 $246.11LF Installation =x x 246.11 FactorUnit PriceQuantity Total 11.60 1.0608 20.00 BEAM HEADER FOR LOAD BEARING WALL 06 22 13 00 0013 3/4" x 3-1/2" White Pine Crown Or Bed Molding24 $40.89LF Installation =x x 40.89 FactorUnit PriceQuantity Total 7.71 1.0608 5.00 REPAIR TO MATCH EXISTING CROWN MOLDING AT CITY ATTORNEY/STORAGE ROOM 06 41 13 00 0015 Up To 15" Width, 34-1/2" High x 24" Deep Built In Place Base CabinetPrefinished with solid hardwood face frames, hardwood door frames and drawer fronts. Hardwood veneer on raised door panels. Excludes top. 25 $1,704.46LF Installation =x x 0.00 FactorUnit PriceQuantity Total 259.17 1.0608 0.00 Demolition x x = 1,704.46 59.51 1.0608 27.00 STORAGE ROOM - DEMO ONLY EXISTING BASE CABINETS Page 3 of 10 10/17/2019 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:072472.00 Arcadia City Manager office remodel Section - 06 06 41 13 00 0085 Up To 15" Wide, 36" High x 13" Deep Built In Place Single Door Wall CabinetPrefinished with solid hardwood face frames, hardwood door frames. Hardwood veneer on raised door panels. 26 $1,824.47LF Installation =x x 0.00 FactorUnit PriceQuantity Total 225.41 1.0608 0.00 Demolition x x = 1,824.47 63.70 1.0608 27.00 STORAGE ROOM - DEMO ONLY EXISTING UPPER CABINETS 06 46 19 00 0005 4-1/2" High White Pine Base Molding, All Dimensions Are Nominal27 $367.04LF Installation =x x 300.21 FactorUnit PriceQuantity Total 5.66 1.0608 50.00 Demolition x x = 66.83 1.26 1.0608 50.00 REPAIR TO MATCH EXISTING WOOD BASE $6,615.88Subtotal for Section - 06 Section - 08 08 12 13 13 0041 3' x 6'-8" Through 7'-2" High, 5-3/4" Deep, 16 Gauge, Knock Down Hollow Metal Door Frame 28 $1,189.24EA Installation =x x 655.81 FactorUnit PriceQuantity Total 309.11 1.0608 2.00 Demolition x x = 533.43 83.81 1.0608 6.00 HALLWAY + MB OFFICE = 2 08 12 13 13 0041 0069 For Auxiliary Frame Reinforcement For Hinges, Add29 $45.02MOD Installation =x x 45.02 FactorUnit PriceQuantity Total 21.22 1.0608 2.00 08 12 13 13 0041 0074 For Welded Frames, Add30 $126.24MOD Installation =x x 126.24 FactorUnit PriceQuantity Total 59.50 1.0608 2.00 08 14 16 00 0457 3'-0" x 7' x 1-3/4" Thick, 5 Ply, Particleboard Core (PC), Birch Faced Wood Door 31 $721.34EA Installation =x x 507.95 FactorUnit PriceQuantity Total 239.42 1.0608 2.00 Demolition x x = 213.39 50.29 1.0608 4.00 HALLWAY + MB OFFICE = 2 08 71 23 00 0010 4-1/2" x 4-1/2" Standard Duty, Full Mortise, Ball Bearing, Brass/Bronze, Satin Chrome Finish Hinge 32 $253.03PR Installation =x x 253.03 FactorUnit PriceQuantity Total 79.51 1.0608 3.00 HALLWAY + MB OFFICE - (1.5 X 2 DOORS = 3) 08 71 23 00 0432 2-1/8" Overall Height, Satin Aluminum Finish, Aluminum Floor Stop (Ives FS441) 33 $70.71EA Installation =x x 70.71 FactorUnit PriceQuantity Total 33.33 1.0608 2.00 HALLWAY + MB OFFICE = 2 08 71 23 00 2299 Entrance/Office F41 Pre-Assembled LocksetLocked with key outside and push button inside. 34 $1,435.35EA Installation =x x 1,435.35 FactorUnit PriceQuantity Total 676.54 1.0608 2.00 HALLWAY + MB OFFICE = 2 Page 4 of 10 10/17/2019 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:072472.00 Arcadia City Manager office remodel Section - 08 08 71 33 00 0198 1/4" Vinyl Insert, 1-1/2" Width, 1/4" Height, Standard Jamb, Heavy Duty, Brass/Bronze Retainer, Perimeter Gasketing Weather-Strip (Pemko 290BV) 35 $1,101.85LF Installation =x x 1,101.85 FactorUnit PriceQuantity Total 30.55 1.0608 34.00 HALLWAY + MB OFFICE - (17' X 2EA = 34) $4,942.78Subtotal for Section - 08 Section - 09 09 01 20 91 0003 >2 To 4 SF, Cut And Patch Hole In Drywall To Match ExistingPer location.36 $332.50SF Installation =x x 332.50 FactorUnit PriceQuantity Total 13.06 1.0608 24.00 LIGHT SWITCH & OUTLET RELOCATION - (4SF X 6 LOCS = 24) 09 01 20 91 0004 >4 To 8 SF, Cut And Patch Hole In Drywall To Match ExistingPer location.37 $993.76SF Installation =x x 993.76 FactorUnit PriceQuantity Total 11.71 1.0608 80.00 STORAGE RM CABINET AREA - (8SF X 10 LOCS = 80) 09 01 20 91 0006 >16 To 32 SF, Cut And Patch Hole In Drywall To Match ExistingPer location. See CSI section 09 29 00 00-0001 for "Gypsum Board" repairs > 32 SF. 38 $3,481.89SF Installation =x x 3,481.89 FactorUnit PriceQuantity Total 9.22 1.0608 356.00 PATCH WALL AT DEMO WALL TRANSITION - (32SF X 4 LOCS = 128) DOOR LOCATIONS - (17' X 4 LOCS = 68) PLUG DOOR OPENING MB OFFICE - (32SF X 2 SIDES = 64) PATCH BEAM HEADER SOFFIT - (32 X 3 SIDES = 96) TOTAL = 356 09 29 00 00 0071 Spray Applied Knockdown Or Skip Trowel Finish On Existing Gypsum Board Wall 39 $200.07SF Installation =x x 200.07 FactorUnit PriceQuantity Total 0.41 1.0608 460.00 TEXTURE TO MATCH EXISTING AT NEWLY PATCHED AREAS 09 29 00 00 0074 Corner Bead, Galvanized Steel For Gypsum Board40 $488.82LF Installation =x x 488.82 FactorUnit PriceQuantity Total 2.88 1.0608 160.00 BEAM SOFFIT - (H - 40 + V - 40 = 80) EXISTING DOOR OPENINGS - (10' X 8 LOCS = 80) TOTAL = 160 09 51 13 00 0017 2' x 2' x 5/8" Mineral Fiber Acoustical Ceiling Panels41 $716.04SF Installation =x x 556.92 FactorUnit PriceQuantity Total 1.75 1.0608 300.00 Demolition x x = 159.12 0.50 1.0608 300.00 REPAIR EXISTING T-BAR CEILING: CITY MANAGER OFFICE - (18' X 8' = 144) CITY ATTORNEY OFFICE - (19' X 4' = 76) LIGHT FIXTURE RELOCATION - (8SF X 10 LOCS = 80) TOTAL = 300 09 51 13 00 0017 0099 For >200 To 500, Add42 $44.55MOD Installation =x x 44.55 FactorUnit PriceQuantity Total 0.14 1.0608 300.00 09 51 13 00 0017 0111 For Single Angled Tegular Edge (Reveal), Add43 $143.21MOD Installation =x x 143.21 FactorUnit PriceQuantity Total 0.45 1.0608 300.00 Page 5 of 10 10/17/2019 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:072472.00 Arcadia City Manager office remodel Section - 09 09 51 13 00 0045 Removal And Reinstallation Of Acoustical Panels Only44 $597.44SF Installation =x x 597.44 FactorUnit PriceQuantity Total 0.80 1.0608 704.00 REMOVE & REINSTALL CEILING - (22 DEVICES X 32SF (4 TILES) = 704 09 53 23 00 0004 2' x 2' Grid, 15/16" T Bar Ceiling Suspension System45 $948.36SF Installation =x x 814.69 FactorUnit PriceQuantity Total 2.56 1.0608 300.00 Demolition x x = 133.66 0.42 1.0608 300.00 REPAIR EXISTING T-BAR CEILING: CITY MANAGER OFFICE - (18' X 8' = 144) CITY ATTORNEY OFFICE - (19' X 4' = 76) TOTAL = 220 09 53 23 00 0004 0133 For Compression Struts With Splay Wires, Add46 $89.11MOD Installation =x x 89.11 FactorUnit PriceQuantity Total 0.28 1.0608 300.00 09 53 23 00 0004 0136 For >200 To 500, Add47 $70.01MOD Installation =x x 70.01 FactorUnit PriceQuantity Total 0.22 1.0608 300.00 09 65 13 33 0002 1/8" Thick, Flexible Self Leveling Cementitious Underlayment With Liquid Latex Modifiers 48 $554.84SF Installation =x x 554.84 FactorUnit PriceQuantity Total 1.12 1.0608 467.00 CARPET PREP: CITY MANAGER OFFICE - (18' X 6' = 108) CITY ATTORNEY OFFICE - (19' X 6' = 114) STORAGE RM - (15' X 13' = 195) DOOR LOCS - (10SF X 5EA = 50) TOTAL = 467 09 68 13 00 0026 32 Ounce, Patterned, Nylon Carpet Tile49 $3,663.83SY Installation =x x 3,444.84 FactorUnit PriceQuantity Total 62.45 1.0608 52.00 Demolition x x = 218.99 3.97 1.0608 52.00 CARPET PATCH: CITY MANAGER OFFICE - (18' X 6' = 108) CITY ATTORNEY OFFICE - (19' X 6' = 114) STORAGE RM - (15' X 13' = 195) DOOR LOCS - (10SF X 5EA = 50) TOTAL = 467 / 9 = 52 09 68 13 00 0026 0422 For Cushion Backed Tile, Add50 $330.97MOD Installation =x x 330.97 FactorUnit PriceQuantity Total 6.00 1.0608 52.00 09 91 23 00 0062 Paint Interior Plaster/Drywall Walls, 1 Coat Primer, Brush/Roller Work51 $2,978.73SF Installation =x x 2,978.73 FactorUnit PriceQuantity Total 0.52 1.0608 5,400.00 PAINT EXISTING WALLS - (600' X 9'H = 5400) 09 91 23 00 0062 0269 For Orange Peel Finish, Add52 $400.98MOD Installation =x x 400.98 FactorUnit PriceQuantity Total 0.07 1.0608 5,400.00 Page 6 of 10 10/17/2019 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:072472.00 Arcadia City Manager office remodel Section - 09 09 91 23 00 0062 0289 For >5,000 To 10,000, Deduct53 -$286.42MOD Installation =x x -286.42 FactorUnit PriceQuantity Total -0.05 1.0608 5,400.00 09 91 23 00 0064 Paint Interior Plaster/Drywall Walls, 2 Coats Paint, Brush/Roller Work54 $5,900.17SF Installation =x x 5,900.17 FactorUnit PriceQuantity Total 1.03 1.0608 5,400.00 PAINT EXISTING WALLS - (600' X 9'H = 5400) 09 91 23 00 0064 0269 For Orange Peel Finish, Add55 $801.96MOD Installation =x x 801.96 FactorUnit PriceQuantity Total 0.14 1.0608 5,400.00 09 91 23 00 0064 0271 For Each Coat With Egg Shell Finish, Add56 $57.28MOD Installation =x x 57.28 FactorUnit PriceQuantity Total 0.01 1.0608 5,400.00 09 91 23 00 0064 0289 For >5,000 To 10,000, Deduct57 -$572.83MOD Installation =x x -572.83 FactorUnit PriceQuantity Total -0.10 1.0608 5,400.00 09 91 23 00 0242 Paint Interior Metal Door Frame And Trim, 1 Coat Primer, Brush/Roller Work58 $175.29LF Installation =x x 175.29 FactorUnit PriceQuantity Total 0.81 1.0608 204.00 PAINT EXISTING DOOR FRAME - (12EA X 17' = 204) 09 91 23 00 0244 Paint Interior Metal Door Frame And Trim, 2 Coats Paint, Brush/Roller Work59 $385.20LF Installation =x x 385.20 FactorUnit PriceQuantity Total 1.78 1.0608 204.00 PAINT EXISTING DOOR FRAME - (12EA X 17' = 204) 09 91 23 00 0262 Paint Interior Wood Door, Both Faces, 1 Coat Primer, Brush/Roller Work60 $799.29EA Installation =x x 799.29 FactorUnit PriceQuantity Total 62.79 1.0608 12.00 PAINT EXISTING DOOR 09 91 23 00 0262 0303 For >10 To 25, Deduct61 -$79.94MOD Installation =x x -79.94 FactorUnit PriceQuantity Total -6.28 1.0608 12.00 09 91 23 00 0264 Paint Interior Wood Door, Both Faces, 2 Coats Paint, Brush/Roller Work62 $1,423.68EA Installation =x x 1,423.68 FactorUnit PriceQuantity Total 111.84 1.0608 12.00 PAINT EXISTING DOOR 09 91 23 00 0264 0303 For >10 To 25, Deduct63 -$142.32MOD Installation =x x -142.32 FactorUnit PriceQuantity Total -11.18 1.0608 12.00 09 91 23 00 0337 Paint Interior Wood Trim To 6" Wide, 1 Coat Primer, Brush Work64 $415.83LF Installation =x x 415.83 FactorUnit PriceQuantity Total 0.56 1.0608 700.00 PAINT WOOD BASE - (600') PAINT CROWN MOLDING - (100') TOTAL = 700 Page 7 of 10 10/17/2019 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:072472.00 Arcadia City Manager office remodel Section - 09 09 91 23 00 0339 Paint Interior Wood Trim To 6" Wide, 2 Coats Paint65 $965.33LF Installation =x x 965.33 FactorUnit PriceQuantity Total 1.30 1.0608 700.00 PAINT WOOD BASE - (600') PAINT CROWN MOLDING - (100') TOTAL = 700 09 91 43 00 0013 Hand Wash, Minor Repair And Light Sanding Drywall Surfaces66 $2,520.46SF Installation =x x 2,520.46 FactorUnit PriceQuantity Total 0.44 1.0608 5,400.00 PREP EXISTING WALL SURFACES 09 91 43 00 0016 Chemical Clean, Brush And Wash, Metal Surfaces, Surface Preparation67 $114.69SF Installation =x x 114.69 FactorUnit PriceQuantity Total 0.53 1.0608 204.00 PREP EXISTING DOOR FRAME 09 91 43 00 0016 0337 For >100 To 250, Add68 $32.46MOD Installation =x x 32.46 FactorUnit PriceQuantity Total 0.15 1.0608 204.00 09 91 43 00 0038 Sanding Wood Paneling, Boards, Doors, Etcetera69 $294.05SF Installation =x x 294.05 FactorUnit PriceQuantity Total 0.60 1.0608 462.00 PREP EXISTING DOORS - (21SF X 11EA X 2 BOTH SIDES = 462) 09 91 43 00 0038 0338 For >250 To 500, Add70 $39.21MOD Installation =x x 39.21 FactorUnit PriceQuantity Total 0.08 1.0608 462.00 $28,878.50Subtotal for Section - 09 Section - 10 10 14 23 00 0082 Removal And Reinstallation Of Interior Door And Office Signage, Up To 4SF71 $3,477.09EA Installation =x x 3,477.09 FactorUnit PriceQuantity Total 54.63 1.0608 60.00 REMOVE AND REINSTALL EXISTING OFFICE WALL SIGNAGES/PICTURE FRAMES $3,477.09Subtotal for Section - 10 Section - 12 12 36 23 13 0003 Plastic Laminate Countertop With Backsplash72 $177.79SF Installation =x x 0.00 FactorUnit PriceQuantity Total 19.93 1.0608 0.00 Demolition x x = 177.79 8.38 1.0608 20.00 DEMO ONLY EXISTING STORAGE ROOM COUNTER TOP - (10' X 2' = 20) $177.79Subtotal for Section - 12 Section - 23 23 09 23 00 0105 Wire Split System AC Thermostat73 $812.08EA Installation =x x 760.21 FactorUnit PriceQuantity Total 716.64 1.0608 1.00 Demolition x x = 51.87 48.90 1.0608 1.00 WIRE & TERMINATE EXISTING RELOCATED T-STAT Page 8 of 10 10/17/2019 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:072472.00 Arcadia City Manager office remodel Section - 23 23 09 23 00 0428 Line Voltage 120 Volt, Heat/Cool Thermostat (Honeywell T651A3018)74 $105.96EA Installation =x x 92.14 FactorUnit PriceQuantity Total X 86.86 1.0608 1.00 Demolition x x = 13.82X 13.03 1.0608 1.00 RELOCATE EXISTING T-STAT $918.04Subtotal for Section - 23 Section - 26 26 01 20 91 0003 Lock Out/Tag Out Breaker Or Motor Starter75 $115.20EA Installation =x x 115.20 FactorUnit PriceQuantity Total 21.72 1.0608 5.00 LOTO 26 01 20 91 0006 Motors, Diconnects And Other Single Source Devices, Existing Circuit Tracing Per Device 76 $421.71EA Installation =x x 421.71 FactorUnit PriceQuantity Total 18.07 1.0608 22.00 TRACE EXISTING DEVICES FOR RELOCATION: RECEPTACLES/SWITCHES - (12) LIGHT FIXTURES - (10) TOTAL = 22 26 05 33 13 0008 3/4" Electrical Metallic Tubing (EMT) With 4 #12 THHN/THWN AssemblyIncludes conduit, set screw connectors, set screw couplings, straps, wire as indicated. Not for use where detail is available. 77 $4,124.69CLF Installation =x x 3,167.55 FactorUnit PriceQuantity Total 746.50 1.0608 4.00 Demolition x x = 957.14 225.57 1.0608 4.00 MODIFY POWER FOR RELOCATION: RECEPTACLES/SWITCHES - (12EA X 25' = 300) LIGHT FIXTURES - (10EA X 10' = 100) TOTAL = 400 26 27 26 00 0005 1 Gang, 20 Amp, NEMA 5-20, Duplex Receptacle Assembly78 $788.52EA Installation =x x 543.78 FactorUnit PriceQuantity Total 73.23 1.0608 7.00 Demolition x x = 244.75 32.96 1.0608 7.00 RELOCATE RECEPTACLES 26 27 26 00 0140 2 Gang, 20 Amp, 120/277 Volt, SPST, Switch Assembly79 $472.94EA Installation =x x 332.88 FactorUnit PriceQuantity Total 104.60 1.0608 3.00 Demolition x x = 140.06 44.01 1.0608 3.00 RELOCATE LIGHT SWITCHES 26 27 26 00 0144 4 Gang, 20 Amp, 120/277 Volt, SPST, Switch Assembly80 $617.68EA Installation =x x 435.99 FactorUnit PriceQuantity Total 205.50 1.0608 2.00 Demolition x x = 181.69 85.64 1.0608 2.00 RELOCATE LIGHT SWITCHES 26 51 13 00 0027 Removal And Reinstallation Of Lay-In Fluorescent Light Fixture81 $979.86EA Installation =x x 979.86 FactorUnit PriceQuantity Total 92.37 1.0608 10.00 REMOVE AND REINSTALL EXISTING LIGHT FIXTURES AT CITY MANAGER & ATTORNEY OFFICES $7,520.60Subtotal for Section - 26 Page 9 of 10 10/17/2019 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:072472.00 Arcadia City Manager office remodel Proposal Total This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $71,175.15 The Percentage of NPP on this Proposal:% Page 10 of 10 10/17/2019 Contractor's Price Proposal - Detail Attachment No. 3