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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: February 22, 2005

Subject/Title: Adopt a Resolution awarding the contract to BT Mancini Co. Inc., for the New Police Station (Group C-Rebid), CIP Project No. 337-3142, and the City Data Center, CIP Project No. 337-3709, in the amount of $99,960 plus a 10% contingency, for Bid Package #15 – Flooring and authorizing the City Manager to execute the construction contract and related documents.

Prepared by: Engineering: M. Huber

Submitted by: Administration: K. Chew

RECOMMENDATION
Adopt a Resolution awarding the contract to BT Mancini Co. Inc., for the New Police Station (Group C-Rebid), CIP Project No. 337-3142, and the City Data Center, CIP Project No. 337-3709, in the amount of $99,960 plus a 10% contingency, for Bid Package #15 – Flooring in a total amount not to exceed $109,956 and authorizing the City Manager to execute the construction contract and related documents.

Adopt a Resolution authorizing the City Manager to execute a Construction Contract and related documents for the New Police Station (Group C-Rebid), CIP Project No. 337-3142, and the City Data Center, CIP Project No. 337-3709, plus a 10% contingency, for Bid Package #15 – Flooring in a total amount not to exceed $109,956.

PREVIOUS ACTION
On July 8, 2003, City Council directed staff to begin due diligence for a possible site relocation to 9100 Brentwood Boulevard.

On September 9, 2003, City Council authorized the City Manager to transfer funds in an amount not to exceed $160,351 from the current project to the New Police Station project in order to separate costs associated with the due diligence process.

On September 17, 2003, City Council authorized the City Manager to execute a purchase agreement for a note and deed of trust secured by property located at 9100 Brentwood Boulevard.

On September 23, 2003, City Council authorized staff to negotiate a contract with The Design Partnership for design services and to execute a construction management contract with RGM and Associates.

On February 10, 2004, City Council authorized staff to execute an agreement for design services for the New Police Station with Kaplan McLaughlin Diaz (KMD) in an amount not to exceed $673,363 and amend the 2003/2004 CIP project budget sheet.

On July 13, 2004, City Council approved the contract documents and awarded the construction contract for the New Police Station (Group A - Seismic Retrofit), CIP Project No. 337-3142, to Concord Iron Works, Inc.

On September 14, 2004, City Council approved the contract documents and awarded the construction contracts for the New Police Station (Group B), CIP Project No. 337-3142 and the New City Hall, CIP Project No. 337-3139, for Bid Package #4 – Fire Sprinklers and Bid Package #6 – Mechanical HVAC.

On September 28, 2004, City Council approved the contract documents and awarded the construction contract for the New Police Station (Group B), CIP Project No. 337-3142, for Bid Package #5 – Plumbing.

On November 9, 2004, City Council approved the contract documents and awarded the construction contracts for the New Police Station (Group C), CIP Project No. 337-3142, and the New City Hall Data Center, CIP Project No. 337-3139, for Bid Packages #7 - Building Concrete, #8 - Metal Stud and Gypsum, #9 - Carpentry, #10 - Insulation, #13 - Lath and Plaster, #14 - Specialty Ceiling, #17 - Painting, #18 - Casework, #19 - Electrical, #20 - Security Systems and #21 - Detention Equipment and rejected all bids submitted for Bid Packages #15 - Flooring and #16 - Ceramic Tile and directed staff to re-bid these Bid Packages.

On January 25, 2005, City Council authorized the City Manager to execute purchase orders with The Hon Company and AllSteel, Inc. (c/o Corporate Interior Systems) for new furniture for the New Police Station (inclusive of the City Emergency Operations Center), CIP Project No. 337-3142.

On February 8, 2005, City Council approved the creation of the City Data Center, CIP Project No. 337-3709 by separating the work from the New City Hall Data Center project.

BACKGROUND
As directed by the City Council on February 10, 2004, staff began the design work for the New Police Station Project. This project has been bid as a multi-prime project. The first major element of construction (Group A), the seismic retrofit to the building, has been completed. The second major element of construction (Group B) - mechanical HVAC, fire sprinklers and plumbing is under construction and almost complete. The third major element of construction (Group C) - building concrete, metal stud and gypsum, carpentry, insulation, lath and plaster, specialty ceiling, painting, casework, electrical, security systems and detention equipment is also under construction. Staff anticipates project completion to occur in summer of 2005.

The project was re-advertised for Bid Packages #15 – Flooring and #16 - Ceramic Tile on January 16, 2005 and bids were opened on February 8, 2005. A total of (3) three bids were received for Bid Package #15 - Flooring, the bids were reviewed and the lowest responsive, responsible bid was received from BT Mancini Co., Inc.

The three bids were:

1. BT Mancini Co., Inc. $ 99,960
2. Kim’s Flooring, Inc. $151,500
3. Majestic Floors, Inc. $194,263

Staff recommends the award of the construction contract for the New Police Station (Group C-Rebid) Bid Package #15 – Flooring, CIP Project No. 337-3142, and City Data Center, CIP Project No. 337-3709, to BT Mancini Co., Inc., for the amount of $99,960, plus a 10% contingency, for a total contract amount of $109,956.

There were no bids received for Bid Package #16 – Ceramic Tile. Staff bid package #15 and #16 together with the anticipation of one contractor bidding on both packages as flooring and tile are sometimes constructed by one trade. This did not occur and staff recommends re-bidding the ceramic tile work in an informal process, as allowed by the City’s Purchasing Policy for all work under $100,000. Once bids are obtained, staff will return to the City Council for contract award consideration.

FISCAL IMPACT
The fiscal impact associated with the New Police Station project is $71,107.30, and is included within the approved project budget sheet. The fiscal impact associated with the City Data Center project, all to be housed in the secured 9100 Brentwood Boulevard site, is $38,848.70, and is included within the approved City Data Center budget. Staff anticipates no additional funding requirements at this time.

Attachments:
Resolution
Agreement
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AWARDING THE CONTRACT TO BT MANCINI CO. INC., FOR THE NEW POLICE STATION (GROUP C-REBID), CIP PROJECT NO. 337-3142, AND THE CITY DATA CENTER, CIP PROJECT NO. 337-3709, IN THE AMOUNT OF $99,960 PLUS A 10% CONTINGENCY, FOR BID PACKAGE #15 – FLOORING IN A TOTAL AMOUNT NOT TO EXCEED $109,956 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT AND RELATED DOCUMENTS.

WHEREAS, on July 8, 2003, City Council directed staff to begin due diligence for a possible site relocation to 9100 Brentwood Boulevard; and

WHEREAS, on September 9, 2003, City Council authorized the City Manager to transfer funds in an amount not to exceed $160,351 from the current project to the New Police Station project in order to separate costs associated with the due diligence process; and

WHEREAS, on September 17, 2003, City Council authorized the City Manager to execute a purchase agreement for a note and deed of trust secured by property located at 9100 Brentwood Boulevard; and

WHEREAS, on September 23, 2003, City Council authorized staff to negotiate a contract with The Design Partnership for design services and to execute a construction management contract with RGM and Associates; and

WHEREAS, on February 10, 2004, City Council authorized staff to execute an agreement for design services for the New Police Station with Kaplan McLaughlin Diaz (KMD) in an amount not to exceed $673,363 and amend the 2003/2004 CIP project budget sheet; and

WHEREAS, on July 13, 2004, City Council approved the contract documents and awarded the construction contract for the New Police Station (Group A - Seismic Retrofit), CIP Project No. 337-3142, to Concord Iron Works, Inc.; and

WHEREAS, on September 14, 2004, City Council approved the contract documents and awarded the construction contracts for the New Police Station (Group B), CIP Project No. 337-3142 and the New City Hall, CIP Project No. 337-3139, for Bid Package #4 – Fire Sprinklers and Bid Package #6 – Mechanical HVAC; and

WHEREAS, on September 28, 2004, City Council approved the contract documents and awarded the construction contract for the New Police Station (Group B), CIP Project No. 337-3142, for Bid Package #5 – Plumbing; and

WHEREAS, on November 9, 2004, City Council approved the contract documents and awarded the construction contracts for the New Police Station (Group C), CIP Project No. 337-3142, and the New City Hall Data Center, CIP Project No. 337-3139, for Bid Packages #7 - Building Concrete, #8 - Metal Stud and Gypsum, #9 - Carpentry, #10 - Insulation, #13 - Lath and Plaster, #14 - Specialty Ceiling, #17 - Painting, #18 - Casework, #19 - Electrical, #20 - Security Systems and #21 - Detention Equipment and rejected all bids submitted for Bid Packages #15 - Flooring and #16 - Ceramic Tile and directed staff to re-bid these Bid Packages; and

WHEREAS, on January 25, 2005, City Council authorized the City Manager to execute purchase orders with The Hon Company and AllSteel, Inc. (c/o Corporate Interior Systems) for new furniture for the New Police Station (inclusive of the City Emergency Operations Center), CIP Project No. 337-3142; and

WHEREAS, on February 8, 2005, City Council approved the creation of the City Data Center, CIP Project No. 337-3709, by separating the work from the New City Hall Data Center project; and

WHEREAS, the Bid Packages #15 - Flooring and #16 – Ceramic Tile were re-advertised on January 16, 2005 and the bids were opened on February 8, 2005; and

WHEREAS, a total of (3) three bids were received for Bid Package #15 – Flooring and no bids were received for Bid Package #16 – Ceramic Tile; and

WHEREAS, the bids were reviewed and the lowest responsive, responsible bid for Bid Package #15 – Flooring was received from BT Mancini Co. Inc., for the amount of $99,960; and

WHEREAS, staff recommends re-bidding the work for Bid Package #16 – Ceramic Tile in an informal process, as allowed by the City’s Purchasing Policy for all work under $100,000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that the contract be awarded to BT Mancini Co. Inc., for the New Police Station (Group C-Rebid), CIP Project No. 337-3142, and the City Data Center, CIP Project No. 337-3709, in the amount of $99,960 plus a 10% contingency, for Bid Package #15 – Flooring in a total amount not to exceed $109,956 and authorize the City Manager to execute the construction contract and related documents.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of February 2005 by the following vote:

AGREEMENT

This Agreement made and entered into this 22nd day of February 2005, between the City of Brentwood, Contra Costa County, California herein called "City" and BT Mancini Co. Inc., a California corporation, a partnership or an individual [circle one] located at 876 South Milpitas Boulevard, Milpitas, CA 95036 (408) 942-7900, herein called "Contractor".

Contractor and City agree as follows:

ARTICLE 1 - THE PROJECT. Contractor agrees to obtain all necessary permits and licenses as are required by law, furnish all labor and materials, including required tools, implements, and appliances and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, materialmen, subcontractors, artisans, machinists, teamsters, and laborers required in the bid proposal, all in strict compliance with the plans, drawings, and other Contract Documents, required for the Project:

New Police Station (Group C - Rebid), CIP Project No. 337-3142
City Data Center, CIP Project No. 337-3709
City of Brentwood, California

Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, transportation, and other facilities and services necessary for the proper execution and completion of the Project. The Contractor shall at all times enforce strict discipline and good order among Contractor's employees and it’s subcontractors and shall not employ on the Project any unfit person or anyone not skilled in the task assigned.

ARTICLE 2 - THE AGREEMENT. The Contractor and the City agree that the Contract Documents are composed of all those documents described in paragraph 2.1 of the General Conditions. The specifications and drawings are intended to cooperate, so that any work exhibited in the drawings and not mentioned in the specifications, or vice versa, is to be executed the same as if both mentioned in the specifications and set forth in the drawings to the true intent and meaning of the said drawings and specifications, when taken together. But no part of said specifications that is in conflict with any portion of this Agreement shall be considered as part of this Agreement.

ARTICLE 3 - CONTRACTOR'S LICENSE. Contractor shall have, and maintain in good standing, the appropriate Class contractors’ license during the entire term of this Project.

ARTICLE 4 - COMPLETION DATE / NOTICE TO PROCEED. Contractor agrees that all work required to be performed by the Contract Documents shall be completed within the Supplemental Provisions Page. The Contract duration includes seven (7) calendar days of Owner float to be included in the construction schedule for coordination purposes. Contractor acknowledges that it shall be liable for liquidated damages if the Project is not timely completed.

If the Notice to Proceed is issued more than ten (10) but less than ninety (90) days after the Notice of Award, Contractor's sole remedy shall be an extension to the Completion Date, measured by the number of days beyond ten (10) it took to issue the Notice to Proceed. In such instances, Contractor shall not be entitled to any monetary damages or other compensation for lost profit or overhead or for increased cost of performance.

The term "day" as used in the Contract Documents shall mean calendar day.
Extensions of the Performance Period shall be determined by reference to the General Conditions. Rain in excess of one-tenth of an inch (1/10”) in one (1) day, or temperature which does not exceed 32° F shall be considered adverse weather. The following chart shows the normal number of adverse weather days.
Jan
10 Feb
8 March
8 April
5 May
2 June
1 July
0 Aug
0 Sep
1 Oct
3 Nov
7 Dec
8
The adverse weather days shall be shown on the schedule and, if not used, will become float for the Project’s use.

ARTICLE 5 - CONTRACT SUM. The contract sum is the total amount payable by the City to Contractor for the performance of work under the Contract Documents. The contract sum is Ninety Nine Thousand Nine Hundred and Sixty Dollars ($99,960), unless modified in accordance with the Contract Documents.

ARTICLE 6 - LIQUIDATED DAMAGES. The time limit specified in Article 4 is of the essence of the Agreement. The Contractor shall complete the Project by the date specified in Article 4 unless the City agrees in writing to an extension of time.

Failure to complete the Project within the time and in the manner provided for by the Contract Documents shall subject the Contractor to liquidated damages. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Project were not completed within the specified times set forth are dependent upon many circumstances and conditions which could prevail in various combinations and, from the nature of the case, it is impracticable and extremely difficult to fix the actual damages. Damages which the City would suffer in the event of delay include, but are not limited to, loss of the use of the Project, costs of administration, inspection, supervision and the loss suffered by the public within the City.

Accordingly, the parties agree that the amount herein set forth shall be presumed to be the amount of damages which the City shall directly incur upon failure of the Contractor to complete the Project within the time specified: One Thousand ($ 1,000.00/Day), plus the extra inspection costs incurred by the City, during or as a result of each calendar day by which completion of the Project is delayed beyond the completion date.
In addition, liquidated damages for Contractor’s failure to complete the following milestones within the times fixed are established in the amounts of:
Description of Milestone
Date of Milestone Liquidated Damages
Per Calendar Day
For Late Completion
(Calendar Days)
Submit original “As Planned” construction schedule 15 days after Notice of Award $150.00
Submit Schedule of Values 15 days after Notice of Award $150.00
Submit Construction Schedule 25 days after Notice of Award $150.00
Submit shop drawings and submittals 18 Calendar Days after Notice of Award $500.00
Submit coordination drawings 18 days after Notice of Award $150.00
If the Contractor becomes liable for liquidated damages under this section, the City, in addition to all other remedies provided by law, shall have the right to withhold any and all retained percentages of payments, and to collect the interest thereon, which would otherwise be or become due the Contractor until the liability of the Contractor under this section has been finally determined. If the retained percentage is not sufficient to discharge all liabilities of the Contractor incurred under this Article, the Contractor and its sureties shall continue to remain liable to the City until all such liabilities are satisfied in full.

If the City accepts any work or makes any payment under this Agreement after a default by reason of delays, the payment or payments shall in no respect constitute a waiver or modification of any Agreement provisions regarding time of completion and liquidated damages.

ARTICLE 7 - EARLY COMPLETION. Regardless of the cause therefore, the Contractor may not maintain any claim or cause of action against the City for damages incurred as a result of its failure or inability to complete its work on the Project in a shorter period than established in Article 5 of this Agreement, the parties stipulating that such period is a reasonable time within which to perform the work on the Project.

ARTICLE 8 - PAYMENT. The City agrees to pay the Contractor in current funds for the performance of the Agreement the amount proposed in this bid, including approved change orders, and to make payments on account thereof as follows: Ninety percent (90%) of the value, proportionate to the amount of the Agreement, or labor and materials incorporated in the Project up to the first day of that month as estimated by the City or the Architect, less the aggregate of previous payments. On substantial completion of the entire Project, a sum sufficient to increase the total payments to ninety percent (90%) of the contract price, and thirty-five (35) days after the Notice of Completion has been recorded, provided the Project to be fully completed and the Agreement fully performed, the balance due under the Agreement. The payment of progress payments by the City shall not be construed as an acceptance of the work done up to the time of such payments, except as to such matters as are open and obvious. The entire Project is to be subjected to inspection and approval of the City or Architect to defects not obvious upon inspection during the progress of the work at the time when it shall be claimed by the Contractor that the Agreement is completed. The City or Architect shall exercise all reasonable diligence in the discovery, and report to the Contractor as the Project progresses, materials and labor which are not satisfactory to the City, so as to avoid unnecessary trouble and cost to the Contractor in making good defective parts or work.

Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

Alternatively, the Contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.

Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the public agency.

The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

For purposes of this section, the term “public agency” shall include, but shall not be limited to, chartered cities.

Any Contractor who elects to receive interest on moneys withheld in retention by a public agency shall, at the request of any subcontractor, make that option available to the subcontractor regarding any moneys withheld in retention by the Contractor from the subcontractor. If the Contractor elects to receive interest on any moneys withheld in retention by a public agency, then the subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor.

This subdivision shall apply only to those subcontractors performing more than five percent of the Contractor’s total bid.

No Contractor shall require any subcontractor to waive any provision of this section.

The Legislature hereby declares that the provisions of this section are of statewide concern and are necessary to encourage full participation by Contractors and subcontractors in public contract procedures.

The escrow agreement used hereunder shall be null, void, and unenforceable unless it is substantially similar to the following form:

ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION

This Escrow Agreement is made and entered into by and
between _________________________________________________
_______________________ whose address is ___________________
_______________________ hereinafter called “Owner,”
_______________________ whose address is __________________
_______________________ hereinafter called “Contractor” and
_______________________ whose address is __________________
_______________________ hereinafter called “Escrow Agent.”
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:

1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ___________________ in the amount of ______________ dated __________________ (hereinafter referred to as the “Contract”).

Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent.

When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner.

2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

3) When the owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.

6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.

10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:

Title Title

Name Name

Signature Signature

Address Address

On behalf of Escrow Agent:

Title

Name

Signature

Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner: Contactor:

Title Title

Name Name

Signature Signature

ARTICLE 9 - EARLY TERMINATION. Notwithstanding any provision herein to the contrary, if for any fiscal year of this agreement the governing body of the City fails to appropriate or allocate funds for future periodic payments under the Agreement after exercising reasonable efforts to do so, the City may, upon thirty (30) days notice, order work on the project to cease. The City will remain obligated to pay for the work already performed but shall not be obligated to pay the balance remaining unpaid beyond the fiscal period for which funds have been appropriated or allocated and for which the work has not been done.

ARTICLE 10 - TERMINATION FOR CAUSE. If Contractor (1) should be adjudged bankrupt; (2) should make a general assignment for the benefit of its creditors; (3) should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workers or proper materials; (4) should fail to make prompt payment to subcontractors or for material or labor; (5) persistently disregards laws, ordinances or the instructions of the City; or if any of its subcontractors should persistently violate any of the provisions of the Agreement or a receiver should be appointed on account of its insolvency, then the City may serve written notice upon the Contractor and its surety of its intention to terminate the Agreement. Unless, within five (5) days after the serving of such notice, such violations shall cease and satisfactory arrangements for corrections thereof be made, the Agreement shall, upon the expiration of said five (5) days, at the City's option, terminate.

In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Agreement; provided, however, that if the surety, within ten (10) days after the serving upon it of Notice of Termination, does not give the City written notice of its intention to take over and perform the Agreement or does not commence performance within ten (10) days from the date of the serving of such notice, the City may take over the Project and prosecute the same to completion by Agreement or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and the surety shall be liable to the City for any excess cost occasioned the City thereby. In such event, the City may without liability for so doing, take possession of and utilize in completing the Project, such materials, appliances and other property belonging to the Contractor as may be on the site of the Project and necessary therefore. In such case the Contractor shall not be entitled to receive any further payment until the Project is finished. If the unpaid balance of the contract sum shall exceed the expense of finishing the Project, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City.

ARTICLE 11 - PERFORMING A PORTION OF THE WORK. If the Contractor fails to correct defective work or persistently fails to carry out the work in accordance with the Contract Documents, the City, by written order, may order the Contractor to stop the work, or any portion thereof, until the cause of such order has been eliminated. The City shall not have any duty to stop the work for the benefit of the Contractor or any other person or entity. If the City chooses to correct or carry out the work itself, it shall normally give the Contractor seven (7) days to commence and continue correction of such default or neglect with diligence and promptness. If, however, the condition constitutes an emergency which may subject the City to penalties or termination of the Project by outside jurisdictional agencies, the City may do so without notice to the Contractor. In either case, an appropriate change order shall be issued, deducting, from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's and consultants' additional services made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor and its surety shall pay the City the difference.

ARTICLE 12 - USE OF SUBCONTRACTORS. Contractor agrees that, as required by State law and the Instruction to Bidders, all subcontractors which will perform work on this project shall be listed on the Designation of Subcontractors form, provided with the Contract Documents.

ARTICLE 13 - PREVAILING WAGE RATES. In accordance with the provisions of section 1720 et seq. of the Labor Code, the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rates or wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in section 1773.8.

Contractor may be responsible for paying subcontractor’s employees prevailing wages if it does not comply with the provisions of Labor Code sections 1770 et seq.

The Contractor and each subcontractor shall keep or cause to be kept an accurate record showing the names and occupants of all laborers, workers and mechanics employed by it in connection with the execution of this Agreement or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the City, its officers and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. Attention is directed to the provisions in section 1777.5 and section 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under it.

ARTICLE 14 - WORKING HOURS. In accordance with the provisions of sections 1810 to 1815 of the Labor Code of the State of California, eight (8) hours labor shall constitute a day's work, and no laborer, workman or mechanic in the employ of the Contractor, or any subcontractor, doing or contracting to do any part of the work contemplated by this Agreement, shall be required to or permitted to work more than eight (8) hours in one calendar day or forty (40) hours during any one calendar week unless such work is compensated at the lawful overtime rate set forth in section 1815. The Contractor and each subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by it in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the City, or its officers or agents and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, its deputies or agents; and it is hereby further agreed that Contractor shall forfeit as a penalty to the City the sum of twenty-five dollars ($25.00) for each laborer, workman or mechanic who is required or permitted to labor more than eight (8) hours a day or forty (40) hours a week in violation of this stipulation.

ARTICLE 15 - EMPLOYMENT OF APPRENTICES. Contractor agrees to comply with all provisions of the law regarding the employment of apprentices. (Labor Code §§ 1773.3, 1777.5, 1777.6 and 3077 et seq.) These sections require that contractors and subcontractors employ apprentices in apprenticeable occupations in a ratio of not less than one (1) apprentice for each five (5) journeyman hours, unless an exemption is granted, and that contractors and subcontractors shall not discriminate among otherwise qualified employees as indentured apprentices on any public work solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. Only apprentices who are in training under written apprenticeship agreements will be employed on public works in apprenticeable occupations. The responsibility for compliance with these provisions for all apprenticeable occupations rests with the Contractor.

ARTICLE 16 - INSURANCE. The Contractor shall maintain in full force and effect and cause its subcontractors to maintain, for the period covered by the Contract, the following insurance:

Comprehensive or commercial general liability insurance, with limits not less than $1,000,000 per each occurrence, combined single limit, for bodily injury and property damage, including coverage for contractual liability, personal injury, independent contractors, explosion, collapse and underground (XCU), broad form property damage, products liability, and completed operations. Should any of the required insurance be provided under a form of coverage that includes an annual general aggregate limit or provides that claims investigation or legal defense costs be included in such annual general aggregate limit, such annual general aggregate limit shall apply separately to the Project (with the ISO CG 2501 or insurer's equivalent endorsement provided to the City) or shall be a minimum of $2,000,000. Such policy(ies) shall include within its scope coverage for claims including, but not limited to: for damages because of bodily injury (including emotional distress), sickness, disease, or death of any person other than the Contractor's employees. This coverage shall be provided in a form at least as broad as Insurance Services Office (ISO) Form CG 0001 11188; for damages arising from personal or advertising injury in a form at least as broad as ISO Form CG 0001 11188 and involving blanket contractual liability applicable to the Contractor's obligations under the Contract Documents, including liability assumed by and the indemnity and defense obligations of the Contractor and subcontractors.

Comprehensive or business automobile liability insurance, with limits not less than $1,000,000 per each occurrence, combined single limit, for bodily injury and property damage, including coverage for owned, non-owned, and hired automobiles.

Workers' Compensation, including Employers' Liability Insurance, with limits not less than $1,000,000 each accident, occurrence or disease. The Workers' Compensation Insurance shall cover any compensation payable under the provisions of the act of Legislature of the State of California, known as the "Workman's Compensation Insurance and Safety Act" approved May 26, 1913, and all Acts amendatory and supplemental thereto. The Contractor shall require subcontractors to provide workers' compensation insurance for all subcontractors' employees engaged in Work under the subcontract. Any class of employee or employees not covered by a subcontractor's insurance shall be covered by the Contractor's insurance. If the Contractor fails to maintain such insurance, the City, at its sole option and without incurring any further obligation to provide insurance, may take out Workers' Compensation insurance to cover any compensation payable under the provisions of the Act by reason of any employee of the Contractor or a subcontractor being injured or killed, and to deduct the amount of the premium for such insurance from any sums due the Contractor. If injury occurs to any employee of the Contractor for which the employee, or its dependents in the event of its death, is entitled to compensation from the City under the provisions of said Act, or from the sums due the Contractor under these Contract Documents the City may deduct and retain an amount sufficient to cover such compensation or payment of such compensation.

The Contractor shall sign and file with the City the following certification prior to performing the Work of the Contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of the Contract."

Builder's Risk/All Risk: The Contractor, during the progress of the Work and until the City’s final acceptance of the Work upon completion of the entire Contract, shall maintain Builder's Risk/"All Risk," course-of-construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents, including completed Work and Work-in-progress to the full insurable value of the entire Work which is the subject of this Agreement. Coverage is to provide extended coverage and insurance against vandalism, malicious mischief, perils of fire, sprinkler leakage, civil authority, sonic boom, earthquake, collapse, flood, wind, lightning, smoke, riot, debris removal including demolition, and reasonable compensation for the Architect's services and expenses required as a result of insured loss.

Fire insurance on all Work subject to loss or damage by fire. The amount of fire insurance shall be sufficient to protect the Project and all appurtenant structures against loss of damage in full until the Work is accepted by the Owner.

Coverage for debris removal limits not less than $1,000,000. In the event that the Contractor is performing abatement of hazardous or contaminated materials work or employs a subcontractor or entity for abatement of hazardous or contaminated materials, environmental liability and pollution insurance, with limits not less than $1,000,000. The policy shall be written on an occurrence form and any deductible shall not exceed $25,000.

Insurance companies shall be legally licensed and admitted through the California Department of Insurance to engage in the business of furnishing insurance in the State of California. All insurance companies shall have an "A-VIII" in Bests Rating Guide and shall be satisfactory to the City.

Each policy shall name the City, the Architect, the City's Consultants, and all authorized agents and representatives, and members, directors, officers, trustees, agent and all employees of any of them as additional insureds and shall be issued by carrier(s) satisfactory to the City and licensed through the Department of Insurance to conduct insurance business in California.

Waiver of Subrogation: The Owner, the Architect, and the contractor each waive (to the extent permitted by law) any right to recover against the other for damages to the Work, and part thereof or any and all claims arising by reason of any forgoing, but only to the extent that such damages and/or claims are covered by property insurance and only to the extent of such coverage (which shall exclude deductible amounts) by insurance actually carried by either the Owner, or any Contractor. The requirements of this provision, Article 16 of the Agreement, are intended to restrict each party to recovery against insurance carriers only, to the extent of such coverage, and waive fully and for the benefit of each, and any rights and/or claims which might give rise to a right of subrogation in any insurance carrier.

The Owner and the Contractor shall each obtain in all policies of insurance carried by either of them, a waiver by the insurance companies thereunder of all rights of recovery by way of subrogation for any damages or claims covered by the insurance.

In the event of any damage except earthquake and flood, it shall be the Contractor's responsibility to perform at its expense all required repair and replacement including damage to adjacent areas.
Before commencement of the Work of this Contract, certificates of insurance shall be furnished to the City, with complete copies of policies to be furnished to the City promptly upon request. All policies of insurance, exclusions, deductibles, self-insured retentions, and certificates shall be satisfactory to the City. Approval of the insurance by the City shall not relieve or decrease the extent to which the Contractor or subcontractor of any tier may be held responsible for payment of any and all damages resulting from its action, inaction or operations.

Liability insurance shall be on an occurrence basis. The coverage afforded thereby shall be primary and non-contributory to any other existing valid and collectable insurance to the full limit of liability stated in the declaration, and such insurance shall apply separately to each insured against whom claim is made or suit is brought, but the inclusion of more than one (1) insured shall not operate to increase the insurer's limits of liability.

Certificates of insurance shall state in particular those insured, the extent of insurance, location and operation to which the insurance applies, the expiration date, and cancellation and reduction notices. Certificates and insurance policies shall include the following clause: "This policy shall not be non-renewed, canceled, or reduced in required limits of liability or amounts of insurance until notice has been mailed to the Owner. Date of cancellation or reduction may not be less than thirty (30) days after the date of mailing notice." If, at any time during the life of this Contract, the Contractor fails to maintain any item of the required insurance in full force and effect, all Work of this Contract may, at City's sole option, be discontinued immediately, and all Contract payments due or that become due will be withheld, until notice is received by the City as provided hereinabove that such insurance has been restored to full force and effect and that the premiums therefrom have been paid for a period satisfactory to the City.

Any failure to maintain any item of the required insurance may, at City's sole option, be sufficient cause for termination of this Contract.

ARTICLE 17 - INDEMNIFICATION AGAINST LIABILITY. Notwithstanding any other provision of the Contract Documents, Contractor agrees to indemnify, defend and save harmless the City, its Governing Board, related entities and divisions, officers, agents, consultants and employees from and against any and all claims, demands, losses, defense costs, or liabilities of any kind or nature which they may sustain or incur or which may be imposed upon them for injury to or death of persons, damage to property, or delay or damage to another contractor, or for attorneys fees incurred in defending or prosecuting suits to enforce laws relating to public works contracts, resulting or arising out of, or in any manner connected with Contractor or Contractor's agents, employees or subcontractors' performance or failure to perform under the terms of the Contract Documents, excepting only liability arising out of the sole negligence or willful misconduct of the City. The parties stipulate that any such claims, demands, losses, defense costs, or liabilities would be above, beyond, and entirely separate from, those damages which would be liquidated pursuant to Article 6.

ARTICLE 18 - MISCELLANEOUS PROVISIONS.
Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes any prior agreement between the parties, oral or written, including the City's award of the Project to Contractor, unless such agreement is expressly incorporated herein. The City makes no representations or warranties, express or implied, not specified in this Agreement.

Execution of Other Documents. The parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.

Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed agreement.

Binding Effect. Contractor, by execution of this Agreement, acknowledges that Contractor has read this Agreement, understands it, and agrees to be bound by its terms and conditions. This Agreement shall inure to the benefit of and shall be binding upon the Contractor and the City and their respective successors and assigns.

Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.

Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by the parties.

Assignment of Agreement. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of the surety on the payment bond, the surety on the performance bond and the City.

Written Notice. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to it who gives the notice.

Attorneys' and Design/Management Team Fees. In any legal action or proceeding arising out of this Agreement, or to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' and design/management team's fees, costs and expenses incurred therein. If the City retains legal counsel to assist in resolution of any dispute which arises during the performance or closeout of this Project and notice is given as specified herein, the parties' reasonable attorneys' and design/management team’s fees shall be paid by the parties in the same proportion as the disputed compensation is resolved. "Disputed compensation" shall include disputed payment of contract funds, payment which is requested pursuant to change order requests, liquidated damages, and payment demanded pursuant to indemnification rights. Notice that a party demands payment for its attorneys' and design team’s fees pursuant to this provision shall be given by sending a notice by certified mail to other party which cites this provision and informs the other party that all attorneys' and design team’s fees which are incurred more than five (5) days after the date of mailing will be subject to division and allocation pursuant to this Article.

Anti-discrimination. It is the policy of the City that in connection with all work performed under purchasing contracts there shall be no discrimination against any prospective or active employee engaged in the Project because of race, color, ancestry, national origin, sex or religious creed. Therefore, the Contractor agrees to comply with applicable federal and California laws including, but not limited to, the California Fair Employment and Housing Act. In addition, the Contractor agrees to require like compliance by all subcontractors employed on the Project by it.

IN WITNESS WHEREOF the parties have executed this Agreement on the date first hereinabove written.

Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Worker's Compensation Law.

By: _________________________
Signature

Type or Print Name: _________________________

Official Capacity: _________________________(Affix Corporate Seal)

By: __________________________
Signature

Type or Print Name: __________________________

Official Capacity: __________________________

Note to Contractor:
a. For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice president; the second signature must be that of the secretary or chief financial officer. The signatures must be acknowledged by a Notary Public and seal attached.

b. If Partnership, all partners should sign under the partnership name. The signatures must be acknowledged by a Notary Public and seal attached.
City of Brentwood

By:
Donna Landeros, City Manager

APPROVED AS TO FORM BY CITY LEGAL COUNSEL

By:
Dennis Beougher, City Attorney

NEW POLICE STATION (GROUP C - REBID)
CIP PROJECT NO. 337-3142
CITY OF BRENTWOOD

FLOORING
Sections: 09652, 09654, 09656, 09684, 09699, 12482
License Classification: C-15

MULTI-PRIME BID PACKAGE #15
SUPPLEMENTAL PROVISIONS PAGE

1.01 Contractor agrees to perform his scope of work in a timely and continuous manner according to the following requirements. Contractor acknowledges and agrees to include all of the requirements identified in the “Supplemental Provisions All Bid Packages”.

1.02 The Contractor shall meet the project Milestones as follows:
Description: Number of Days Allowed:
Milestone #1 Clean and prep all areas to receive flooring and deliver materials. Four (4) Calendar Days from Notice to Proceed with Milestone #1.
Milestone #2 Install computer room flooring and sheet goods. Four (4) Calendar Days from Notice to Proceed with Milestone #2.
Milestone #3 Install carpet tiles and all other flooring and accessories. Twelve (12) Calendar Days from Notice to Proceed with Milestone #3.
1.03 The Contractor shall assume changes and modifications to the milestones and the schedule will be required during the course of the Project. Each milestone may require more than one mobilization. These changes and shall be at no additional cost to the Owner. The Contractor is required to attend coordination meetings, as may be requested or required, at the jobsite for the purpose of adjusting his efforts to complement project progress and work of other trades or separate contracts.
1.04 This Contract specifically includes:
1. Sweeping and final cleaning and removal of dust, small debris, residual adhesives, sealers, thin-set mortar and bonding agents from all areas to receive your flooring material prior to beginning floor preparation.
2. All floor preparation, adhesives and sealants necessary to provide a complete and warranted job.
3. All transition strips and/or thresholds at changes of flooring types and at the limits of your work except at exterior doors.
4. Coordination and cooperation with the FRP installation to properly install your sheet goods into a transition trim supplied and installed by the FRP Installer.
1.05 Attached are moisture test results for your reference.
________________________________
BT Mancini Co., Inc. City of Brentwood
________________________________
By (Name, Title) By (Name, Title)

 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov