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ORIGINAL
CITY OF ARCADIA G'\2 0
SHORT-FORM CONSTRUCTION CONTRACT Q(',,
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CITY MANAGER OFFICE REMODEL PROJECT (( }}IIJJ
This Contract is made and entered into this 4- day of4 f' laws, 2020
by and between the City of Arcadia, a municipal organization organized under th 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
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responsible supervision, acceptable to the City, shall be made for emergency Work which may
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 Obliqation; 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
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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
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
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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
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.
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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.
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
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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
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 Work, 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.
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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.
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.
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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
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 Work 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
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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.
(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.
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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
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
24347.00006\9536520.2 10
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
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
24347.00006\9536520.2 11
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.
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.
24347.00006\9536520.2 12
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.
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
24347.00006\9536520.2 13
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
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.
24347.00006\9536520.2 14
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
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 Assiqnment 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.
24347.00006\9536520.2 15
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
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.
SIGNATURES ON NEXT PAGE
24347.00006\9536520.2 16
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.
C- azzaretto
City Manager Vincent Cortes, President
Name &Title
Attest:
- id% Oetahy Cdy Cidk
City Clerk
Michele Cortes, CFO
Name &Title
B - General Building Contractor
Classification of Contractor's License
APPROVED AS TO FORM:
qtkdrk
Stephen P. Deitsch
City Attorney
24347.00006\9536520.2 17
ACTION BY UNANIMOUS WRITTEN CONSENT OF
BOARD OF DIRECTORS OF
VINCOR CONSTRUCTION.INC.
January 22,2014
The undersigned, constituting all the directors of Vincor Constructions, Inc., a California corporation, pursuant to the laws of the
State of California and the By-Laws of said corporation, hereby consent to and adopt the following resolutions pursuant to
Section 307 of the California Corporation Code:
WHEREAS,in connection with the corporation's business as a general contractor,the corporation regularly
enters into various construction contracts as a general contractor;and
WHEREAS,the Board of Directors deems it to be necessary to adopt a corporate resolution to confirm the
, , corporate officer who has the authority to enter into such agreements to ensure that such agreements will be
binding upon the corporation;and
WHEREAS,the entities with which the corporation enters into contracts frequently request a resolution of the
Board of Directors to confirm that the officer signing the contract on behalf of the corporation has the requisite
corporate authority to enter into such agreements;and
•
WHEREAS,the Board of Directors deems it necessary and in the best interests of the corporation to adopt a
resolution for the purpose of confirming the authority of the corporate officer authorized to enter into contracts
on behalf of the corporation.
NOW, THEREFORE, IT IS RESOLVED that Vincent Cortes, president, is authorized to execute all construction
contracts to be entered into between the corporation and a third party or entity and that any such agreements
entered Into by Vincent Cortes, in his capacity as president, shalt be legally enforceable and binding on the
corporation.
IT IS FURTHER RESOLVED that upon request, a copy of this resolution may be provided by the corporation to
any third party or entity with which the corporation contracts and that this resolution may be relied upon by such
third party or entity for the purpose of confirming that Vincent Cortes has the authority to enter into such
agreements on behalf of the corporation.
IN WITNESS WHEREOF,the undersigned,constituting all the directors of this corporation,have executed this action and adopted
these resolutions by their unanimous written consents, as evidenced by their signatures herein below. This action and such
resolutions shall become effective as of and on the date set forth below.
Dated:January 22,2014 `
Incent Cortes
Director
Aq)//7
Michele Cortes
Director
J:'Kang
Director
EXHIBIT "A"
PLANS AND SPECIFICATIONS
The project plan and proposal (Work Order 072472.00) are incorporated into this Contract.
24347.00006\9536520.2 18
Attachment No. 2
Work Order Signature Document THE GORDIAN GROUP
EZIQC Contract No.: CA-08-SL-B-B-030618-VCI
X New Work Order Modify an Existing Work Order
Work Order Number.: 072472.00 Work Order Date: 10/17/2019
Work Order Title: Arcadia City Manager office remodel
Owner Name: City of Arcadia Public Works Services DEContractor Name: Vincor Construction Inc.
Contact: Tyler Polidori Contact: John Kang
Phone: 626-254-2710 Phone: 714-528-2900
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..
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages Will apply: n Will not apply:
Work Order Firm Fixed Price: $71,175.15
Owner Purchase Order Number:
Approvals
/�yr' --f 7/20 2-0
City of Arcadia Public Works Services Department Date -•'• Date
Work Order Signature Document Page 1 of 1
10/17/2019
Sou rcewell 10-1411 SIQC
THE GORDIAN GROUP
Detailed Scope of Work
To: John Kang From: Tyler Polidori
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
Date Printed: October 17,2019
Work Order Number: 072472.00
Work Order Title: Arcadia City Manager office remodel
Brief Scope: City Hall, City Manager's office remodel, includes demo, patching,doors, beam
support,T-bar ceiling,flooring, painting etc..
Preliminary n Revised X Final
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.
D46-1/2-02-0
Contractor -Sr Date
City of Arcadia Public Works Services Department Date
Scope of Work Page 1 of 1
10/17/2019
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)
I. 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 doorjamb 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.
Contractor's Price Proposal - Summary
Date: October 17,2019
Re: IQC Master Contract#: CA-08-SL-B-B-030618-VCI
Work Order#: 072472.00
Owner PO#:
Title: Arcadia City Manager office remodel
Contractor: Vincor Construction Inc.
Proposal Value: $71,175.15
Section-01 $17,244.11
Section-02 $1,400.36
Section-06 $6,615.88
Section-08 $4,942.78
Section-09 $28,878.50
Section -10 $3,477.09
Section -12 $177.79
Section-23 $918.04
Section-26 $7,520.60
Proposal Total $71,175.15
Thisl total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal:
Contractor's Price Proposal-Summary Page 1 of 1
10/17/2019
Contractor's Price Proposal - Detail
Date: October 17,2019
Re: IQC Master Contract#: CA-08-SL-B-B-030618-VCI
Work Order#: 072472.00
Owner PO#:
Title: Arcadia City Manager office remodel
Contractor: Vincor Construction Inc.
Proposal Value: $71,175.15
Sect. Item Mod. UOM Description Line Total
Labor Equip. Material (Excludes)
Section -01
01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $1,532.15
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.
Quantity Unit Price Factor Total
Installation 1,392.86 x 1.00 x 1.1000 1,532.15
BOND FEE-($69,643.00 X 2%=$1,392.86)
2 01 22 20 00 0086 HR Engineer $6,895.20
Quantity Unit Price Factor Total
Installation50.00 x 130.00 x 1.0608 = 6,895.20
SURVEY&STRUCTURAL CALCULATION INVESTIGATION:
SURVEY INVESTIGATION-8HRS
STRUCTURAL CALCS-24HRS
STRUCTURAL OBSERVATION-14HRS
STRUCTURAL REPORT-4HRS
TOTAL=50
3 01 22 23 00 0052 DAY 17'Electric,Scissor Platform Lift $352.48
Quantity Unit Price Factor Total
Installation2 00 x 166.14 x 1.0608 = 352.48
LIFT TO INSTALL NEW BEAM
4 01 22 23 00 0156 MO 200 to 1,000 CFM Portable Air Scrubber $2,105.56
Quantity Unit Price Factor Total
Installation2 00 x 992.44 x 1.0608 = 2,105.56
DUST CONTROL-(2EA X 1 MO=2)
5 01 22 23 00 1000 DAY 5,000 LB Straight Mast,Industrial Warehouse Forklift With Full-Time Operator $993.44
Quantity Unit Price Factor Total
Installation1.00 x 936.50 x 1.0608 = 993.44
MOVE HEAVY BEAM MATERIALS
6 01 54 23 00 0049 LF 6"x 8"Temporary Lumber $615.26
Quantity Unit Price Factor Total
Installation100.00 x 4.81 x 1.0608 = 510.24
Demolition 100.00 x 0.99 x 1.0608 = 105.02
TEMP SHORING FOR LOAD BEARING WALL
7 01 56 16 00 0003 SF 6 Mil,Plastic Sheeting,Applied To Floors $742.56
Quantity Unit Price Factor Total
Installation2,500.00 x 0.28 x 1.0608 = 742.56
PROTECT EXISTING FURNITURE
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Work Order Number: 072472.00
Work Order Title: Arcadia City Manager office remodel
Section-01
8 01 56 16 00 0082 CSF 3 Mil,Temporary Self-adhesive Carpet Protection Film $375.50
Quantity Unit Price Factor Total
Installationx 16.09 x 1.0608 375.50
22.00
FLOOR PROTECTION
9 01 66 19 00 0047 SF Removal,Transport,Return And Reinstallation Of Office Furniturelncludes $2,114.07
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.
Quantity Unit Price Factor Total
Installationx 0,91 x 2,114.07
2,190.001.0608
REMOVE AND RE-INSTALL EXISTING FURNITURE-(73'X 30'=2190)
10 01 66 19 00 0049 CY Transfer Delivered Materials Distances Greater Than 125',Per CY Of Material $380.07
Per 125'For delivery,demolition or miscellaneous moving required by owner.
Quantity Unit Price Factor Total
Installation27 00 x 13.27 x 1.0608 380.07
2190 X 2"X 2(MATERIAL+DEBRIS)=27
11 01 71 13 00 0002 EA First 25 Miles,Equipment Delivery,Pickup,Mobilization And Demobilization $427.12
Using A Rollback Flatbed Trucklncludes 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.
Quantity Unit Price Factor Total
Installation2 00 x 201.32 x 1.0608 427.12
SCISSOR LIFT,FORKLIFT
12 01 74 19 00 0016 EA 40 CY Dumpster(5 Ton)"Construction Debris"Includes delivery of dumpster, $710.70
rental cost,pick-up cost,hauling,and disposal fee.Non-hazardous material.
Quantity Unit Price Factor Total
Installation100 x 669.97 x 1.0608 710.70
GENERAL DEBRIS
Subtotal for Section-01 $17,244.11
Section-02
13 02 41 19 16 0053 SF Demolish Wood Or Metal Framed Interior Partition/Wall With Drywall 2 Sides $1,400.36
Quantity Unit Price Factor Total
Installation430.00 x 3.07 x 1.0608 1,400.36
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
Subtotal for Section-02 $1,400.36
Section -06
14 06 05 23 00 0007 EA 10 Gauge Framing Anchor $57.28
Quantity Unit Price Factor Total
Installation10.00 x 5.40 x 1.0608 57.28
BEAM ANCHORS
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Work Order Number: 072472.00
Work Order Title: Arcadia City Manager office remodel
Section -06
15 06 05 23 00 0011 EA 12-3/8"High x 2-1/2"Wide x 2-1/2"Deep,10 Gauge,Hold Downs,(Simpson $231.30
Strong Tie®HD7B)
Quantity Unit Price Factor Total
Installation4.00 x 54.51 x 1.0608 = 231.30
BEAM POST HOLD DOWNS
16 06 05 23 00 0021 EA 16 Gauge Joist Hanger,For 4"x 10"-4"x 14"Joist,Also Acceptable For Beam $37.13
Hangers
Quantity Unit Price Factor Total
Installation4.00 x 8.75 x 1.0608 = 37.13
BEAM HANGERS
17 06 11 16 00 0061 SF 2"x 4"Wood Wall Framing At 16"On Center $307.55
Quantity Unit Price Factor Total
Installation192 00 x 1.51 x 1.0608 = 307.55
WALL FRAME REPAIR:
CITY MANAGER OFFICE-(10'X 15'H=150)
MB OFFICE-(3'X 7'X 2 DOOR OPENINGS=42)
TOTAL=192
18 06 11 16 00 0061 0003 MOD For Up To 200,Add $54.10
Quantity Unit Price Factor Total
Installation102.00 x 0.50 x 1.0608 = 54.10
19 06 11 16 00 0062 SF 2"x 6"Wood Wall Framing At 16"On Center $1,103.23
Quantity Unit Price Factor Total
Installation 500.00 x 2.08 x 1.0608 1,103.23
SOFFIT/BEAM FRAMING SUPPORT
20 06 11 16 00 0062 0004 MOD For>200 To 500,Add $180.34
Quantity Unit Price Factor Total
Installation500.00 x 0.34 x 1.0608 = 180.34
21 06 11 16 00 0107 LF 4"x 6"Wood Post $222.77
Quantity Unit Price Factor Total
Installation 50.00 x 4.20 x 1.0608 222.77
BEAM HEADER POST SUPPORT
22 06 11 16 00 0155 LF 2"x 4"Wood Blocking To Wood $239.21
Quantity Unit Price Factor Total
Installation50.00 x 4.51 x 1.0608 = 239.21
MISC BLOCKING
23 06 13 23 00 0028 LF 6"x 12",Douglas Fir,Heavy Timber Beam $246.11
Quantity Unit Price Factor Total
Installation 20.00 x 11.60 x 1.0608 246.11
BEAM HEADER FOR LOAD BEARING WALL
24 06 22 13 00 0013 LF 3/4"x 3-1/2"White Pine Crown Or Bed Molding $40.89
Quantity Unit Price Factor Total
Installation5.00 x 7.71 x 1.0608 40.89
REPAIR TO MATCH EXISTING CROWN MOLDING AT CITY ATTORNEY/STORAGE ROOM
25 06 41 13 00 0015 LF Up To 15"Width,34-1/2"High x 24"Deep Built In Place Base $1,704.46
CabinetPrefinished with solid hardwood face frames,hardwood door frames
and drawer fronts.Hardwood veneer on raised door panels.Excludes top.
Quantity Unit Price Factor Total
Installation 0.00 x 259.17 x 1.0608 0.00
Demolition 27.00 x 59.51 x 1.0608 = 1,704.46
STORAGE ROOM-DEMO ONLY EXISTING BASE CABINETS
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Work Order Number: 072472.00
Work Order Title: Arcadia City Manager office remodel
Section-06
26 06 41 13 00 0085 LF Up To 15"Wide,36"High x 13"Deep Built In Place Single Door Wall $1,824.47
CabinetPrefinished with solid hardwood face frames,hardwood door frames.
Hardwood veneer on raised door panels.
Quantity Unit Price Factor Total
Installation0.00 x 225.41 x 1.0608 = 0.00
Demolition 27.00 x 63.70 x 1.0608 = 1,824.47
STORAGE ROOM-DEMO ONLY EXISTING UPPER CABINETS
27 06 46 19 00 0005 LF 4-1/2"High White Pine Base Molding,All Dimensions Are Nominal $367.04
Quantity Unit Price Factor Total
Installation50.00 x 5.66 x 1.0608 = 300.21
Demolition 50.00 x 1.26 x 1.0608 = 66.83
REPAIR TO MATCH EXISTING WOOD BASE
Subtotal for Section-06 $6,615.88
Section-08
28 08 12 13 13 0041 EA 3'x 6'-8"Through 7'-2"High,5-3/4"Deep,16 Gauge,Knock Down Hollow $1,189.24
Metal Door Frame
Quantity Unit Price Factor Total
Installation2 00 x 309.11 x 1.0608 = 655.81
Demolition 6.00 x 83.81 x 1.0608 = 533.43
HALLWAY+MB OFFICE=2
29 08 12 13 13 0041 0069 MOD For Auxiliary Frame Reinforcement For Hinges,Add $45.02
Quantity Unit Price Factor Total
Installation 2.00 x 21 22 x 1.0608 45.02
30 08 12 13 13 0041 0074 MOD For Welded Frames,Add $126.24
Quantity Unit Price Factor Total
Installation2 00 x 59.50 x 1.0608 = 126.24
31 08 14 16 00 0457 EA 3'-0"x 7'x 1-3/4"Thick,5 Ply,Particleboard Core(PC),Birch Faced Wood $721.34
Door
Quantity Unit Price Factor Total
Installation 2.00 x 239.42 x 1.0608 507.95
Demolition 4.00 x 50.29 x 1.0608 = 213.39
HALLWAY+MB OFFICE=2
32 08 71 23 00 0010 PR 4-1/2"x 4-1/2"Standard Duty,Full Mortise,Ball Bearing,Brass/Bronze,Satin $253.03
Chrome Finish Hinge
Quantity Unit Price Factor Total
Installation3.00 x 79.51 x 1.0608 = 253.03
HALLWAY+MB OFFICE-(1.5 X 2 DOORS=3)
33 08 71 23 00 0432 EA 2-1/8"Overall Height,Satin Aluminum Finish,Aluminum Floor Stop(Ives $70.71
FS441)
Quantity Unit Price Factor Total
Installation2 00 x 33.33 x 1.0608 70.71
HALLWAY+MB OFFICE=2
34 08 71 23 00 2299 EA Entrance/Office F41 Pre-Assembled LocksetLocked with key outside and $1,435.35
push button inside.
Quantity Unit Price Factor Total
Installation 2.00 x 676.54 x 1.0608 1,435.35
HALLWAY+MB OFFICE=2
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Work Order Number: 072472.00
Work Order Title: Arcadia City Manager office remodel
Section-08
35 08 71 33 00 0198 LF 1/4"Vinyl Insert,1-1/2"Width,1/4"Height,Standard Jamb,Heavy Duty, $1,101.85
Brass/Bronze Retainer,Perimeter Gasketing Weather-Strip(Pemko 290BV)
Quantity Unit Price Factor Total
Installation 34.00 x 30.55 x 1.0608 1,101.85
HALLWAY+MB OFFICE-(17'X 2EA=34)
Subtotal for Section-08 $4,942.78
Section-09
36 09 01 20 91 0003 SF >2 To 4 SF,Cut And Patch Hole In Drywall To Match ExistingPer location. $332.50
Quantity Unit Price Factor Total
Installation 24.00 x 13.06 x 1.0608 332.50
LIGHT SWITCH&OUTLET RELOCATION-(4SF X 6 LOCS=24)
37 09 01 20 91 0004 SF >4 To 8 SF,Cut And Patch Hole In Drywall To Match ExistingPer location. $993.76
Quantity Unit Price Factor Total
Installation80.00 x 11.71 x 1.0608 = 993.76
STORAGE RM CABINET AREA-(8SF X 10 LOCS=80)
38 09 01 20 91 0006 SF >16 To 32 SF,Cut And Patch Hole In Drywall To Match ExistingPer location. $3,481.89
See CSI section 09 29 00 00-0001 for"Gypsum Board"repairs>32 SF.
Quantity Unit Price Factor Total
Installation356.00 x 9.22 x 1.0608 = 3,481.89
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
39 09 29 00 00 0071 SF Spray Applied Knockdown Or Skip Trowel Finish On Existing Gypsum Board $200.07
Wall
Quantity Unit Price Factor Total
Installation 460.00 x 0.41 x 1.0608 200.07
TEXTURE TO MATCH EXISTING AT NEWLY PATCHED AREAS
40 09 29 00 00 0074 LF Corner Bead,Galvanized Steel For Gypsum Board $488.82
Quantity Unit Price Factor Total
Installation160.00 x 2.88 x 1.0608 = 488.82
BEAM SOFFIT-(H-40+V-40=80)
EXISTING DOOR OPENINGS-(10'X 8 LOCS=80)
TOTAL=160
41 09 51 13 00 0017 SF 2'x 2'x 5/8"Mineral Fiber Acoustical Ceiling Panels $716.04
Quantity Unit Price Factor Total
Installation 300.00 x 1.75 x 1.0608 556.92
Demolition 300.00 x 0.50 x 1.0608 = 159.12
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
42 09 51 13 00 0017 0099 MOD For>200 To 500,Add $44.55
Quantity Unit Price Factor Total
Installation300.00 x 0.14 x 1.0608 = 44.55
43 09 51 13 00 0017 0111 MOD For Single Angled Tegular Edge(Reveal),Add $143.21
Quantity Unit Price Factor Total
Installation300.00 x 0.45 x 1.0608 = 143.21
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Work Order Number: 072472.00
Work Order Title: Arcadia City Manager office remodel
Section-09
44 09 51 13 00 0045 SF Removal And Reinstallation Of Acoustical Panels Only $597.44
Quantity Unit Price Factor Total
Installation 704.00 x 0.80 x 1.0608 597.44
REMOVE&REINSTALL CEILING-(22 DEVICES X 32SF(4 TILES)=704
45 09 53 23 00 0004 SF 2'x 2'Grid,15/16"T Bar Ceiling Suspension System $948.36
Quantity Unit Price Factor Total
Installation 300.00 x 2.56 x 1.0608 814.69
Demolition 300.00 x 0.42 x 1.0608 = 133.66
REPAIR EXISTING T-BAR CEILING:
CITY MANAGER OFFICE-(18'X 8'=144)
CITY ATTORNEY OFFICE-(19'X 4'=76)
TOTAL=220
46 09 53 23 00 0004 0133 MOD For Compression Struts With Splay Wires,Add $89.11
Quantity Unit Price Factor Total
Installation 300.00 x 0.28 x 1.0608 89.11
47 09 53 23 00 0004 0136 MOD For>200 To 500,Add $70.01
Quantity Unit Price Factor Total
Installation300.00 x 0.22 x 1.0608 = 70.01
48 09 65 13 33 0002 SF 1/8"Thick,Flexible Self Leveling Cementitious Underlayment With Liquid Latex $554.84
Modifiers
Quantity Unit Price Factor Total
Installation467.00 x 1.12 x 1.0608 = 554.84
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 SEA=50)
TOTAL=467
49 09 68 13 00 0026 SY 32 Ounce,Patterned,Nylon Carpet Tile $3,663.83
Quantity Unit Price Factor Total
Installation 52.00 x 62.45 x 1.0608 3,444.84
Demolition 52.00 x 3.97 x 1.0608 = 218.99
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
50 09 68 13 00 0026 0422 MOD For Cushion Backed Tile,Add $330.97
Quantity Unit Price Factor Total
Installation 52.00 x 6.00 x 1.0608 330.97
51 09 91 23 00 0062 SF Paint Interior Plaster/Drywall Walls,1 Coat Primer,Brush/Roller Work $2,978.73
Quantity Unit Price Factor Total
Installation 5,400.00 x 0.52 x 1.0608 2,978.73
PAINT EXISTING WALLS-(600'X 9'H=5400)
52 09 91 23 00 0062 0269 MOD For Orange Peel Finish,Add $400.98
Quantity Unit Price Factor Total
Installation5,400.00 x 0.07 x 1.0608 = 400.98
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Work Order Number: 072472.00
Work Order Title: Arcadia City Manager office remodel
Section-09
53 09 91 23 00 0062 0289 MOD For>5,000 To 10,000,Deduct -$286.42
Quantity Unit Price Factor Total
Installation5,400.00 X -0.05 X 1.0608 = -286.42
54 09 91 23 00 0064 SF Paint Interior Plaster/Drywall Walls,2 Coats Paint,Brush/Roller Work
$5,900.17
Quantity Unit Price Factor Total
Installation5,400.00 X 1.03 X 1.0608 = 5,900.17
PAINT EXISTING WALLS-(600'X 9'H=5400)
55 09 91 23 00 0064 0269 MOD For Orange Peel Finish,Add $801.96
Quantity Unit Price Factor Total
Installation5,400.00 X 0.14 X 1.0608 = 801.96
56 09 91 23 00 0064 0271 MOD For Each Coat With Egg Shell Finish,Add $57.28
Quantity Unit Price Factor Total
Installation 5,400.00 X 0.01 X 1.0608 5728
57 09 91 23 00 0064 0289 MOD For>5,000 To 10,000,Deduct -$572.83
Quantity Unit Price Factor Total
Installation -572.835,400.00 X -0.10 X 1.0608
58 09 91 23 00 0242 LF Paint Interior Metal Door Frame And Trim,1 Coat Primer,Brush/Roller Work $175.29
Quantity Unit Price Factor Total
Installation204.00 X 0.81 X 1.0608 = 175.29
PAINT EXISTING DOOR FRAME-(12EA X 17'=204)
59 09 91 23 00 0244 LF Paint Interior Metal Door Frame And Trim,2 Coats Paint,Brush/Roller Work $385.20
Quantity Unit Price Factor Total
Installation204.00 X 1.78 X 1.0608 = 385.20
PAINT EXISTING DOOR FRAME-(12EA X 17'=204)
60 09 91 23 00 0262 EA Paint Interior Wood Door,Both Faces,1 Coat Primer,Brush/Roller Work $799.29
Quantity Unit Price Factor Total
Installation 12.00 X 62.79 X 1.0608 799.29
PAINT EXISTING DOOR
61 09 91 23 00 0262 0303 MOD For>10 To 25,Deduct -$79.94
Quantity Unit Price Factor Total
Installation 12.00 X -6.28 X 1.0608 79.94
62 09 91 23 00 0264 EA Paint Interior Wood Door,Both Faces,2 Coats Paint,Brush/Roller Work $1,423.68
Quantity Unit Price Factor Total
Installation1200 X 111.84 X 1.0608 = 1,423.68
PAINT EXISTING DOOR
63 09 91 23 00 0264 0303 MOD For>10 To 25,Deduct -$142.32
Quantity Unit Price Factor Total
Installation12 00 X -11.18 X 1.0608 = -142.32
64 09 91 23 00 0337 LF Paint Interior Wood Trim To 6"Wide,1 Coat Primer,Brush Work $415.83
Quantity Unit Price Factor Total
Installation700.00 X 0.56 X 1.0608 = 415.83
PAINT WOOD BASE-(600)
PAINT CROWN MOLDING-(100')
TOTAL=700
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Work Order Number: 072472.00
Work Order Title: Arcadia City Manager office remodel
Section-09
65 09 91 23 00 0339 LF Paint Interior Wood Trim To 6"Wide,2 Coats Paint $965.33
Quantity Unit Price Factor Total
Installation700.00 X 1.30 X 1.0608 = 965.33
PAINT WOOD BASE-(600')
PAINT CROWN MOLDING-(100')
TOTAL=700
66 09 91 43 00 0013 SF Hand Wash,Minor Repair And Light Sanding Drywall Surfaces $2,520.46
Quantity Unit Price Factor Total
Installation 5,400.00 X 0.44 X 1.0608 2,520.46
PREP EXISTING WALL SURFACES
67 09 91 43 00 0016 SF Chemical Clean,Brush And Wash,Metal Surfaces,Surface Preparation $114.69
Quantity Unit Price Factor Total
Installation204.00 X 0.53 X 1.0608 = 114.69
PREP EXISTING DOOR FRAME
68 09 91 43 00 0016 0337 MOD For>100 To 250,Add $32.46
Quantity Unit Price Factor Total
Installation204.00 X 0.15 X 1.0608 = 32.46
69 09 91 43 00 0038 SF Sanding Wood Paneling,Boards,Doors,Etcetera $294.05
Quantity Unit Price Factor Total
Installation462.00 X 0.60 X 1.0608 = 294.05
PREP EXISTING DOORS-(21SF X 11 EA X 2 BOTH SIDES=462)
70 09 91 43 00 0038 0338 MOD For>250 To 500,Add $39.21
Quantity Unit Price Factor Total
Installation 462.00 X 0.08 X 1.0608 39.21
Subtotal for Section-09 $28,878.50
Section -10
71 10 14 23 00 0082 EA Removal And Reinstallation Of Interior Door And Office Signage,Up To 4SF $3,477.09
Quantity Unit Price Factor Total
Installation 60.00 X 54.63 X 1.0608 3,477.09
REMOVE AND REINSTALL EXISTING OFFICE WALL SIGNAGES/PICTURE FRAMES
Subtotal for Section-10 $3,477.09
Section-12
72 12 36 23 13 0003 SF Plastic Laminate Countertop With Backsplash $177.79
Quantity Unit Price Factor Total
Installation0.00 X 19.93 X 1.0608 = 0.00
Demolition 20.00 x 8.38 x 1.0608 = 177.79
DEMO ONLY EXISTING STORAGE ROOM COUNTER TOP-(10'X 2'=20)
Subtotal for Section-12 $177.79
Section-23
73 23 09 23 00 0105 EA Wire Split System AC Thermostat $812.08
Quantity Unit Price Factor Total
Installation1.00 X 716.64 X 1.0608 = 760.21
Demolition 1.00 x 48.90 x 1.0608 = 51.87
WIRE&TERMINATE EXISTING RELOCATED T-STAT
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Work Order Number: 072472.00
Work Order Title: Arcadia City Manager office remodel
Section-23
74 23 09 23 00 0428 EA Line Voltage 120 Volt,Heat/Cool Thermostat(Honeywell T651A3018) $105.96
Quantity Unit Price Factor Total
X Installation 100 x 86.86 x 1.0608 92.14
X Demolition 1.00 x 13.03 x 1.0608 = 13.82
RELOCATE EXISTING T-STAT
Subtotal for Section-23 $918.04
Section-26
75 26 01 20 91 0003 EA Lock Out/Tag Out Breaker Or Motor Starter $115.20
Quantity Unit Price Factor Total
Installation5.00 x 21.72 x 1.0608 = 115.20
LOTO
76 26 01 20 91 0006 EA Motors,Diconnects And Other Single Source Devices,Existing Circuit Tracing $421.71
Per Device
Quantity Unit Price Factor Total
Installation22 00 x 18.07 x 1.0608 = 421.71
TRACE EXISTING DEVICES FOR RELOCATION:
RECEPTACLES/SWITCHES-(12)
LIGHT FIXTURES-(10)
TOTAL=22
77 26 05 33 13 0008 CLF 3/4"Electrical Metallic Tubing(EMT)With 4#12 THHN/THWN $4,124.69
Assemblylncludes conduit,set screw connectors,set screw couplings,
straps,wire as indicated.Not for use where detail is available.
Quantity Unit Price Factor Total
Installation4.00 x 746.50 x 1.0608 = 3,167.55
Demolition 4.00 x 225.57 x 1.0608 = 957.14
MODIFY POWER FOR RELOCATION:
RECEPTACLES/SWITCHES-(12EA X 25'=300)
LIGHT FIXTURES-(10EA X 10'=100)
TOTAL=400
78 26 27 26 00 0005 EA 1 Gang,20 Amp,NEMA 5-20,Duplex Receptacle Assembly $788.52
Quantity Unit Price Factor Total
Installation7 00 x 73.23 x 1.0608 543.78
Demolition 7.00 x 32.96 x 1.0608 = 244.75
RELOCATE RECEPTACLES
79 26 27 26 00 0140 EA 2 Gang,20 Amp,120/277 Volt,SPST,Switch Assembly $472.94
Quantity Unit Price Factor Total
Installation3.00 x 104.60 x 1.0608 = 332.88
Demolition 3.00 x 44.01 x 1.0608 = 140.06
RELOCATE LIGHT SWITCHES
80 26 27 26 00 0144 EA 4 Gang,20 Amp,120/277 Volt,SPST,Switch Assembly $617.68
Quantity Unit Price Factor Total
Installation 2.00 x 205.50 x 1.0608 435.99
Demolition 2.00 x 85.64 x 1.0608 = 181.69
RELOCATE LIGHT SWITCHES
81 26 51 13 00 0027 EA Removal And Reinstallation Of Lay-In Fluorescent Light Fixture $979.86
Quantity Unit Price Factor Total
Installation10.00 x 92.37 x 1.0608 = 979.86
REMOVE AND REINSTALL EXISTING LIGHT FIXTURES AT CITY MANAGER&ATTORNEY OFFICES
Subtotal for Section-26 $7,520.60
Contractor's Price Proposal-Detail Page 9 of 10
10/17/2019
Contractor's Price Proposal - Detail Continues..
Work Order Number: 072472.00
Work Order Title: Arcadia City Manager office remodel
Proposal Total $71,175.15
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal:
Contractor's Price Proposal-Detail Page 10 of 10
10/17/2019
EXHIBIT "B"
SPECIAL CONDITIONS
NO SPECIAL CONDITIONS FOR THIS PROJECT
24347.00006\9536520.2 19
EXECUTED IN THREE ORIGINAL COUNTERPARTS
BOND NUMBER: 107161953
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 JANUARY LLt , 20 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 Travelers Casualty and Surety Company of America 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
24347.0000619536520.2
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 6 day of FEBRUARY
20 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 Q SRL VINCOR CONSTRUCTION, INC.
if corporation) �4JD � i Princrsal erty Name of
Z 09/24/03
U• SEAL Z=
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
••-•-.•/-•/7," ^v=i vi!i�:• ✓-:✓i a✓^•a-�.-i;•ra•>.r.rivi .�. �✓' •�ivi;Zvi."
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of LOS ANGELES
On 2/6/2020 before me, PHILIP VEGA, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared MONICA BLAISDELL
Name of Signetf
who proved to me on the basis of satisfactory evidence to be the person whose name("is/awe
subscribed to the within instrument and acknowledged to me that }a6/she/hey executed the same in
1-. s/her/their authorized capacity(0), and that by iiia/her/thsir signature )on the instrument the persorpks);
or the entity upon behalf of which the personks1 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and co ect.
WITNESS m Tian.ind official seal.
25�oF,y
ci ,. PHILIP VEGA
' COMM.#2152121
wU g NOTARYPUBLIC-CALIFVI Signature .ifl
" D MY COMMLO.EXPCOUNTY r Signature of Notary Public
MAY 31,2020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
•
State of California )
County of ORANGE )
On
2/6/2020 before me, Monica Blaisdell,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Michele Cortes
Name( `of Signet 5
who proved to me on the basis of satisfactory evidence to be the person(i whose nameN) is/ ex
subscribed to the within instrument and acknowledged to me thatIM/she/ Amc executed the same in
IRts/her/t (authorized capacityW,and that by t 'her/thJ*signatures)on the instrument the person(),
or the entity upon behalf of which the person* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
� �.............. ..••••"•z of the State of California that the foregoing paragraph
r."7"-:t , is true and correct.
, �,.��\ MONICA BLAISDELL
.fri
:': COMMRYP #2144666 > WITNESS my hand and official seal.
1 cg -1�.h'. NOTARY PUBLIC-CAt_IfORNIA �2
Q•K`'''A?'!o, My Co Omisss on Expires
RANGE )MaT 26.2020 j . l
•"•°"""""• Signature
Signature of Notary Public
Travelers Casualty and Surety Company of America
Aft. Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"),and that the Companies do hereby make,constitute and appoint Monica Blaisdell of Brea
California , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February,
2017.
App
yy�yYl Jpytr �]py� �
9 � mC R
tl U a
nnArForo.
s as
. dp
State of Connecticut
By: ;: "<_.-r <�'�y ---
City of Hartford ss. Robert L.Raney,Sehlor Vice President
On this the 3rd day of February, 2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,and
that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. to.Witt
My Commission expires the 30th day of June,2021 /0( OJ _,L C..
•
* w Marie C.Tetreault,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in
full force and effect,reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed(under seal, if required)by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice
President,any Assistant Vice President, any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies,which remains in full force and effect.
Dated this 6 day of FEBRUARY , 2020
3*immoral Sr wvrtRylo. arco+e
*SO 1,7 1
Kevin E. Hughes,Assi tant Secretary
To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880.
Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached.
EXECUTED IN THREE ORIGINAL COUNTERPARTS BOND NUMBER: 107161953
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 !c ax G 20M(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, VINCOR CONSTRUCTION,INC, the undersigned Contractor and
Travelers Casualty and Surety Company of America 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
24347.0000619536520.2 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 6 day of
FEBRUARY 2020.
VINCOR •NS`1'RUCT •N, INC.
ON TR ej�,, CONT- ' OR/P;/ CIP,
OQ GQFtPO �
U: SEAL :z = Name:, Michel; Cartes CFO
: 09/24/0 - - 1'
9/FORt�,:' By: Travelers Casualty and Surety Company of America
•
//If���*i >>�0.‘ SURETY:
By: 02C1I- 1L)
Attorney-In-Fact: Monica Blaisdell
The rate of premium on this bond is $ 13.50 per thousand. The total amount of premium
charges, $ 961.00
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) Travelers Casualty and Surety Company of America
21688 Gateway Center Dr., Diamond Bar, CA 91765-6512
(Name and Address of Agent or Blaisdell Bonding and Insurance Services, Inc.
Representative for service of
process in California, if different 770 S. Brea Blvd., Suite 205, Brea, CA 92821
from above)
(Telephone number of Surety and (714) 674-1921
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.
24347.00006\9536520.2 24
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of LOS ANGELES )
On 2/6/2020 before me, PHILIP VEGA, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared MONICA BLAISDELL
NameK of SignerK
who proved to me on the basis of satisfactory evidence to be the person ) whose name 'is/are•
subscribed to the within instrument and acknowledged to me that h¢/she/t y executed the same in
hWher/th fr authorized capacity(, and that by h s/her/thera'signature(con t e instrument the person,-
or the entity upon behalf of which the person acted, executed the ir(strument.
I certify under PENALTY OF PERJURY under the laws
�'�-- of the State of California t at the foregoing paragraph
''�'°'''� PHILIP VEDA Itis true and c. rect.
�, COMM,# 2152121 rr�^ WITNESS m and and official seal.
l;E NC'fARY pUpLIC.CAUpORNiA Ul
'-``�11'` L08 ANON6tN CouwTT
+�" MY QCAIY.@Ap,MAY 91,2020"' ,
11
Signature
i �f` Signature of Notary Public
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
cc , ..... ,• c :,• .c :< :c c :r:.z. .:.:e ;.:..ca::r.- «.w . c c<;. c < . ;. r .c;r ,c :. r c :. . c y c.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
•
State of California )
County of ORANGE )
On
2/6/2020 before me, Monica Blaisdell,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Michele Cortes
Name( `of Signe)`,5'
who proved to me on the basis of satisfactory evidence to be the person* whose name%) is/ire's
subscribed to the within instrument and acknowledged to me thatkv/she/tlix executed the same in
Ixts/her/t*K authorized capacity ,and that by 1)Wher/tiotksignatureN on the instrument the person(),
or the entity upon behalf of which the person* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
»..••••••••••••••••••••••»..». is true and correct.
•i 7-9 MONICA BLAISDELL g
.5 li
COMM#2144666 > WITNESS my hand and official seal.
w...:.:,y1,-,:. :! NOTARY PUBLIC-CALIFORNIA a
a ;.p,s1
w . � ORANGE COUNTY ff' C4J.
My Commission Expires Mar.26,2020
..«.»».....»«.««.«.»...».«.. Signature
Signature of Notary Public
Travelers Casualty and Surety Company of America
AM. Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"),and that the Companies do hereby make,constitute and appoint Monica Blaisdell of Brea
California , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February,
2017.
�F5i95W1d)y Jp�ry 04,0
mot {r a HARTFORD, '
a !
otiState of Connecticut
By:
City of Hartford ss. Robert L.Raney,Senor Vice President
On this the 3rd day of February,2017, before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,and
that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal. aTtt
kt
My Commission expires the 30th day of June,2021g \-Y - C.
* r
Marie C.Tetreault,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in
full force and effect,reading as follows:
RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b) duly executed (under seal,if required)by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice
President,any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies,which remains in full force and effect.
Dated this 6 day of FEBRUARY , 2020
zoo fly J��tl 4,0 ."
LY `j
It
GONN. R COW.. o
Kevin E.Hughes,Ass�cretary
To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880.
Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached.