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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. Revised 9


Meeting Date: January 22, 2008

Subject/Title: Adopt a Resolution rejecting the Bid from Leslie’s Poolmart, Inc., and Award the Bid and Approving and Authorizing the City Manager or Designee to Execute a Construction Contract and Necessary Documents with Carrier Corporation Inc. in the Amount of $89,505.31, Plus $8,950.53 Contingency, for a Total Amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352-52403, and Also Amending the CIP Budget Sheet for the Aquatic Complex Improvements Project Improvements Project, CIP No. 352-52403

Prepared by: Mike Azamey, Landscape/Facilities Supervisor

Submitted by: Craig Bronzan, Director of Parks and Recreation
RECOMMENDATION
Adopt a Resolution rejecting the Bid from Leslie’s Poolmart, Inc., and Award the Bid and Approving and Authorizing the City Manager or Designee to Execute a Construction Contract and Necessary Documents with Carrier Corporation Inc. in the Amount of $89,505.31, Plus $8,950.53 Contingency, for a Total Amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352-52403, and Also Amending the CIP Budget Sheet for the Aquatic Complex Improvements Project Improvements Project, CIP No. 352-52403.

PREVIOUS ACTION
On September 28, 1999, the Council awarded the construction contract for the City of Brentwood Family Aquatic Complex (CIP No. 522-5202) to Shoemate Buildings, Inc.

On February 13, 2001, City Council accepted the work performed by Shoemate Buldings, Inc. for the City of Brentwood Family Aquatic Complex (CIP Project No. 522-5202 and directed the City Clerk to file a notice of completion with the recorder’s office of Contra Costa County.

On June 12, 2007, by Resolution 2007-126, City Council adopted the 2007/08 – 2011/12 CIP, which included the Aquatic Complex Improvement Project, CIP No. 352-52403.

BACKGROUND
The pool heaters for the pools at the Brentwood Family Aquatic Complex are more than seven (7) years old. Two of the pool heaters have failed and the remaining three are in disrepair and parts are expensive and not readily available. These three pool heaters can fail at anytime, which will result in the pools being unusable and not available to the public. All five (5) pool heaters must be replaced before the April 26, 2008 opening of the Brentwood Family Aquatic Complex in order to avoid any closures related to the failure of the pool heaters. The specifications for the replacement pool heaters are for improved, higher efficiency models.

The Notice Inviting Bids for this informal bid process for public works projects was estimated to be between $50,000.00 and $100,000.00 was issued on December 18, 2007 with bids due on Thursday, January 17th at 5 p.m. Addendum #1 was issued on January 8th changing the project number and bid opening date to Wednesday, January 16, 2008 at 12 noon. On January 14, 2008 Addendum #2 was issued to answer a question received from a contractor. The following four bids were received:


CONTRACTOR BID AMOUNT
Leslie’s Poolmart $71,966.95
Carrier Corporation $89,505.31
Emcor Service/Mesa Energy Systems, Inc. $91,269.00
R. H. Tinney, Inc. $233,206.00


The apparent lowest bid was submitted by Leslie’s Poolmart in the amount of $71,966.95 and Landscape/Facilities staff and the City Attorney’s office reviewed the bid. Due to the failure to use the contract provided, the bid was deemed unresponsive. Staff is recommending the Council reject the bid from Leslie’s Poolmart Inc. and reward the bid to the 2nd lowest bidder Carrier Corporation Inc. It is staff’s recommendation to award the contract to Carrier Corporation Inc. and move forward with the project. Work will be completed in March 2008 to meet the deadline of opening the pool on April 26, 2008.

FISCAL IMPACT
Included in this proposal is the installation, materials, labor, insurance, bonds, permits and disposal. The total cost of this proposal is $89,505.31, plus a 10% of $8950.53 contingency for a total contract amount of $98,455.84. Staff has already purchased two (2) of the boilers at a cost of $39,630. The Aquatic Complex Improvement project, CIP #352-52403, is included in the adopted 2007/08 – 2011/12 Capital Improvement Program. The adopted budget is $70,000, $50,000 in FY 2007/08 and $20,000 in FY 2008/09. Due to the need to immediately replace all five (5) of the remaining boilers, staff is recommending moving the $20,000 budgeted for FY 2008/09 to FY 2007/08 and increasing the FY 2007/08 budget an additional $68,086 for a total increase in FY 2007/08 of $88,086.00. The funding source for the CIP project is the Facilities Replacement Fund.

The Original Budget and the proposed Amended Budget are shown below.

Original Budget 07/08 Amended Budget 07/08 Difference
Construction $50,000.00 $138,086.00 $88,086.00

The total increase to the FY 2007/08 project budget is $88,086.00. This is a one-time charge which will be funded by Facilities Replacement Fund. Finance has confirmed there are sufficient funds for this increase and no revenue offsets are expected due to this amendment. There will be no known future costs for this project.

ATTACHMENTS
Resolution
Construction Agreement
Amended CIP sheet


RESOLUTION NO.


ADOPT A RESOLUTION REJECTING THE BIDS FROM LESLIE’S POOL MART, INC., AND AWARD THE BID AND APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A CONSTRUCTION CONTRACT AND NECESSARY DOCUMENTS WITH CARRIER CORPORATION INC. IN THE AMOUNT OF $89,505.31, PLUS $8,950.53 CONTINGENCY, FOR A TOTAL AMOUNT OF $98,455.84 FOR THE AQUATIC COMPLEX IMPROVEMENTS PROJECT, CIP NO. 352-52403, AND ALSO AMENDING THE CIP BUDGET SHEET FOR THE AQUATIC COMPLEX IMPROVEMENTS PROJECT, CIP NO. 352-52403


WHEREAS, On September 28, 1999, the City Council awarded the construction contract for the City of Brentwood Family Aquatic Complex (CIP No. 522-5202) to Shoemate Buildings, Inc.; and

WHEREAS, On February 13, 2001, the City Council accepted the work performed by Shoemate Buldings, Inc. for the City of Brentwood Family Aquatic Complex (CIP Project No. 522-5202 and directed the City Clerk to file a notice of completion with the recorder's office of Contra Costa County; and

WHEREAS, On June 12, 2007, by Resolution 2007-126, City Council adopted the 2007/08 – 2011/12 CIP, which included the Aquatic Complex Improvement Project, CIP No. 352-52403; and

WHEREAS, All five (5) pool heaters must be replaced before the April 26, 2008 opening of the Brentwood Family Aquatic Complex in order to avoid any closures related to the failure of the pool heaters; and

WHEREAS, a total of four (4) bids was received by the closing date of January 16, 2008 at 12 noon; and

WHEREAS, the lowest bid was unresponsive; and

WHEREAS, the lowest responsive bid was from Carrier Corporation Inc.; and

WHEREAS, staff is recommending that the CIP Budget for the Aquatic Complex Improvements be increased $138,086 to reflect the additional $88,086 from the Facilities Replacement Fund; and

WHEREAS, the Finance Department has confirmed that there are sufficient funds to cover the proposed amended budget; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby reject the bid from Leslie’s Poolmart, Inc. and award the bid and approve and authorize the City Manager or designee to execute a Construction Contract and necessary documents with Carrier Corportation Inc. for the Aquatic Complex Improvements, CIP Project No. 352-52403, to $138,086 in the amount of $89,505.31, plus $8,950.53 contingency for a total amount of $98,455.84 and also amending the CIP Budget Sheet for the Aquatic Complex Improvements, CIP Project No. 352-52403.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of January, 2008 by the following vote:


AGREEMENT

AQUATIC COMPLEX IMPROVEMENTS
CIP PROJECT NO. 352-52403

This Agreement is made this ___ day of __________, 2008 between the City of Brentwood (“City”) and Carrier Corporation (“Contractor”), with offices located at Concord, CA. The work described in Section 1 below shall be performed in accordance with the Request for Proposal (RFP), plans, specifications and other contract documents attached to or incorporated into this Agreement.

By Ordinance dated April 10, 2001 (Ordinance No. 661) the City adopted the Uniform Construction Cost Accounting Standards (UCCAS), commencing with Section 22000 of the Public Contract Code and amended Chapter 3.30 of the Brentwood Municipal Code in order to provide an alternative method for bidding Public Works projects.

The following documents are incorporated into and made part of this Agreement by this reference:
• Request for Informal Bids
• Bid
• Special Provisions (Attachment A)
• Technical Specifications
• Bonds (if required)
• Certificates of Insurance
• City of Brentwood Standard Plans and Specifications
• City of Brentwood Procedures Manual

The documents shall be referred to collectively as the “Contract Documents.”

SECTION 1 - SCOPE
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work generally described as follows: AQUATIC COMPLEX IMPROVEMENTS, CIP Project No. 352-52403.

Contractor shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the several Contract Documents, the more stringent requirements shall govern.

SECTION 2 - PRICE
A. City agrees to pay, and Contractor agrees to accept, the sum of Eighty-Nine Thousand Five Hundred Five and 31/100 ($89,505.31) (the “Contract Price”) as further described in the attached Contract Proposal/Bid Schedule “Proposal”, subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work.

B. Contractor shall submit written applications for progress payments no more often than monthly, in a form satisfactory to City on or before the first day of each month on account of Work performed during the preceding month. Within seven (7) days after receipt of each application for progress payment, City shall review the progress payment application, notify Contractor of any dispute or deficiency in the application and return the application to the Contractor to be corrected and resubmitted. City shall, within thirty (30) days of a proper payment application, make payment to Contractor in an amount equal to ninety percent (90%) of the amount of such application, as verified or corrected by City.

C. No payment made hereunder prior to completion and acceptance of the Work shall be construed as evidence of acceptance of any part of the Services.

D. City reserves the right to withhold payment from Contractor on account of Work not performed satisfactorily, delays in Contractor's performance, or other defaults hereunder. Contractor shall not stop or delay performance under this Agreement on account of payment disputes with City. City shall release the retained funds (less any amounts in dispute or deducted for liquidated damages or other offsets) no less than thirty five (35) days from the date of recordation of the Notice of Completion following acceptance of the work by the City Council.

E. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of Public Contract Code Section 22300.

F. Contractor agrees to furnish, as a condition of payment for general and all subcontractors, payroll affidavits, receipts, vouchers and other documents, in form satisfactory to City, prior to receipt of each and every payment. Contractor shall submit Conditional and Unconditional waivers and release of lien upon (as provided in Civil Code Section 3262) on behalf of itself, subcontractors and suppliers that furnished labor, material, equipment or services to the Project.

G. The Contract Price shall include all applicable federal, state and local taxes.

SECTION 3 - ENTIRE AGREEMENT
The Contract Documents represent the entire agreement between City and Contractor and supersede any prior written or oral representations.

SECTION 4 - TIME
A. Contractor shall complete the Work no later than twenty-one (21) working days following City’s issuance of the Notice to Proceed (the “Contract Time”).

B. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate its work with that of all other contractors, subcontractors and suppliers so as not to delay or damage their performance.

C. If Contractor fails to complete the Work on or before the expiration of the Contract Time, the City will sustain damage and it is and will be impracticable to determine the actual damage which the City of Brentwood will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City of Brentwood the sum set forth in the Notice Inviting Informal Bids for each and every calendar day's delay beyond the Contract Time; Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract.

D. It is further agreed that in case Contractor fails to complete the Work in all parts and requirements within the Contract Time, the City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of the City; and if it decides to extend Contract Time, City shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the Work, all or any part, as it may deem proper, the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension.

E. The Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within five (5) days from the beginning of any such delay, notify the Engineer, in writing of the causes of delay. The Engineer shall ascertain the facts and the extent of delay, and his findings thereon shall be final and conclusive.

F. In the event that Contractor's work is delayed for any reason, including acts of City, Contractor's sole remedy shall be an extension of time equal to the period of delay, provided Contractor has given City written notice of the commencement of delay within 48 hours of its occurrence.

SECTION 5 – LABOR
A. The Contract is subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the City Council of the City of Brentwood has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City, a copy of which is on file in the office of the City Engineer, and shall be available for viewing to any interested party upon request.

B. Contractor’s attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

C. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker’s compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the Engineer a certification in the following form:

"I am aware of the provisions of Section 3700 of the 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 before commencing the performance of the work of this contract."

D. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore.

E. Questions pertaining to predetermined wage rates should be directed to:
California Department of Industrial Relations
Division of Labor Statistics and Research
P.O. Box 420603
San Francisco, CA 94142-0603
Phone: (415) 703-4774

Additionally, advisory scope of work descriptions for current general prevailing wage determinations are now posted on the Internet at http/://www.dir.ca.gov/DLSR/PWD.

Any contractor who is awarded a public works project and intends to use a craft or classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of the craft or classification most closely related to it as shown on the general determinations effective at the time of the call for bids.

The wage rates for any classification not listed in the foregoing publications will be the prevailing wage for such work.

All above wage rates will be subject to any recent negotiations.

F. Questions pertaining to apprenticeship crafts should be directed to:
California Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 420603
San Francisco, CA 94142-0603
Phone: (415) 703-4774

SECTION 6 - CHANGES IN WORK
A. Contractor shall make no changes in the Work without written direction from the City. Contractor shall not be compensated for any change made without any such written direction. No changes in the work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement.

B. If the City directs the Contractor in writing to make changes in the Work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following methods:
1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work;
2. By establishment of new unit prices and related quantities for the changed Work;
3. By a combination of existing and new unit prices and related quantities for the changed Work; or
4. By mutual acceptance of a lump sum.

C. If the City directs the Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, the City will make a reasonable adjustment to the Contract Time, provided that Contractor gives City written notice of the time request prior to performing the changed Work.

SECTION 7 - CLAIMS
If any dispute shall arise between City and Contractor regarding performance of the work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work.

SECTION 8 - INSPECTION AND PROTECTION OF WORK
A. Contractor shall make the work accessible at all reasonable times for inspection by the City. Contractor shall, at the first opportunity, inspect all material and equipment delivered to the jobsite by others to be used or incorporated in the Contractor's work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the work done hereunder until final acceptance by the City.


B. When the Work is completed, Contractor shall request, in writing, a final inspection. Within ten
(10) days of the receipt of such request, the City shall make a final inspection. The Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all change orders and all interpretations and instructions previously issued.

SECTION 9 – ASSIGNMENT AND SUBCONTRACTING
A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.

B. No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and specifications.

C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.

D. When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City Engineer, the subcontractor shall be removed immediately on the requisition of the City Engineer and shall not again be employed on the work.

E. Contractor may not assign performance of the Contract may not be assigned except upon written consent of the City Engineer.

SECTION 10 - TERMINATION
A. Should Contractor fail within three (3) working days from receipt of City's written notice to correct any contractual deficiencies, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure pay its creditors, City may terminate this Agreement. Following a termination for default, City shall have the right to take whatever steps it deems necessary to correct and complete the Work and charge the cost thereof to Contractor and its sureties, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.

B. City may at any time terminate the Contract at City's convenience upon five days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of work completed in a satisfactory manner prior to the date of termination, which costs are documented to City’s satisfaction, plus a reasonable amount (not to exceed fifteen percent (15%) of the actual cost of the Work performed for overhead and profit. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.

C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.





SECTION 11 – HOLD HARMLESS AND INDEMNIFICATION
A. The City of Brentwood and all officers and employees thereof connected with the Work, including but not limited to the City Council, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City of Brentwood's officers or employees.

B. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City of Brentwood, its elected and appointed officials, contractors, and employees and agents, from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor’s fault or negligence, including any of the same resulting from City’s alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its officers, agents, or servants who are directly responsible to City. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason.

C. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City, may be retained by the City of Brentwood until disposition has been made of such suits or claims for damage.

SECTION 12 – BONDS AND INSURANCE
A. Bonds

1. Within ten (10) days after being notified of the award of the contract, and before the City will execute the agreement for construction, the Contractor to whom the Contract is awarded shall furnish and file with the City Performance and Payment Surety bonds, if required, as set forth below. If the Contract Price is less than Twenty Five Thousand Dollars ($25,000), no bonds will be required unless specifically requested by City.

2. Contractor shall submit a faithful performance bond on the form provided with the Contract Documents, duly executed by a responsible corporate surety authorized to transact surety business in the State of California and acceptable to City, conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. The amount of said bond shall be in a sum no less than one hundred percent (100%) of the total Contract Price.

3. Contractor shall also submit a bond on the form provided with the Contract Documents, duly executed by a responsible corporate authorized to transact business in the State of California and acceptable to City, which in all respects complies with Civil Code sections 3247-3252, inclusive. This bond, hereinafter referred to as a “payment bond,” shall be in a sum no less than one hundred percent (100%) of the Contract Price.

B. Insurance

1. Contractor shall obtain, at its sole cost and expense, all insurance required by this section 12.B. Contractor shall deliver original certificates of insurance and endorsements to City within ten (10) days after being notified of the award of the contract, and before execution of the agreement for construction by the City.

2. The insurance requirements, including limits and naming the City and related individuals as additional insureds, specified herein shall apply to all subcontractors listed in Contractor’s bid. The Contractor shall designate appropriate insurance limits for all other subcontractors. It shall be the responsibility of the Contractor to ensure that all subcontractors comply with this provision, and to verify their compliance when requested by the City. The Contractor shall not allow any subcontractor to commence work until all insurance required of the subcontractor has been obtained and verified by the Contractor and submitted to the City. Subcontractors shall furnish original certificates and endorsements as verification of insurance coverage. Upon request, Contractor shall deliver certificates of insurance or copies of the insurance policies and endorsements of all subcontractors; provided, however, that this authority shall not relieve Contractor of its obligation to ascertain the existence of such insurance. Subcontractors’ insurance shall be in addition to and shall not replace or supplement Contractor’s insurance.

3. The insurance required by this article shall be maintained by Contractor in full force and effect at all times during prosecution of the Work and until the expiration of the warranty period following the final completion and acceptance thereof by City, and every policy shall be endorsed to state that it shall not be assigned, cancelled, or reduced in coverage without thirty (30) days’ prior written notice to City. Every policy shall also be endorsed to state that the City shall be given written notice of nonrenewal at least thirty (30) days prior to the nonrenewal date.

4. Liability Insurance. This insurance shall protect the Contractor from claims for personal or bodily injury and property damage which may arise because of the nature of the work or from operations under this Contract.

a. Coverage shall be at least as broad as:
i. Commercial General Liability coverage (Insurance Services Office form number GG 0001 – “occurrence” form).

ii. Owners and Contractors Protective Liability Coverage form – Coverage for Operations of Designated Contractor (Insurance Services Office form G0009 11 88).

iii. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 "any auto," and endorsement CA 0025.

iv. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

b. The Commercial General Liability Insurance shall include the following coverage:
• Premises – Operations;
• Owner's/Independent Contractors and Contractor's Protective;
• Products Completed Operations;
• Personal Injury (False Arrest, Libel, Wrongful Eviction, etc.);
• Broad Form Property Damage – including to the maximum extent possible, coverage for the Assumption of Liability Pursuant to Completed Operations;
• Blanket Contractual liability, including the indemnity agreement in this contract;
• Separation of Insureds / Cross-Liability Provisions;
• Duty to Defend all Insureds;
• Deletion of any limitation on Coverage for Bodily Injury or Property.

c. Coverage shall not extend to any indemnity coverage for the sole or active negligence of the additional insured in any case where any agreement to indemnify the additional insured would be invalid under Civil Code Section 2782(b).

d. Contractor shall maintain limits no less than:
i. Commercial General Liability: One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.

ii. Automobile Liability: One Million Dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.

iii. Workers' Compensation and Employers Liability: Workers' compensation limits meeting the statutory requirements required by the Labor Code of the State of California.

e. At the option of the Contractor, primary limits may be less than required, with an Umbrella Policy providing the additional limits needed. This form of insurance will be acceptable provided that the Primary and Umbrella Policies both provide the insurance coverages herein required, including all additional insured requirements. The umbrella policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying commercial General Liability insurance.

f. Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to 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, including endorsements, affecting the coverage required by these specifications, at any time.

g. 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.

h. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII.

i. Originals of the following endorsements shall be attached to the liability insurance policy and delivered to City:
i. The Commercial General Liability policy of insurance shall be endorsed to name as additional insureds the City of Brentwood, and all of its elected and appointed officials, directors, officers, employees, agents, construction manager, and servants, using ISO Form CG 20 10 11 85. If this form is not available, we will accept CG 20 10 10 01 and CG 20 37 10 01, or CG 20 10 2004 and CG 20 37 2004 provided they are submitted together. This policy shall provide coverage to each of the additional insureds with respect to the Work.

ii. The policy shall be endorsed to provide primary coverage to the full limit of liability stated in the declarations, and provide that if the additional insureds have any other insurance or self-insurance against the loss covered by this policy, that other insurance shall be excess insurance and shall not be called upon to contribute to a loss covered by the policy.

iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers.

iv. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

v. The insurer shall waive all rights of subrogation against the City, its officials, employees, agents, and volunteers for losses arising from work performed by the Contractor for the City.

vi. The policy must provide that it shall not be cancelled, suspended, voided or changed nor may the "retroactive date" of the policy or any renewal or replacement policy be changed without thirty (30) days' prior written notice to the City.

vii. A cross-liability endorsement must be included to the effect that each insured is covered as if separate policies had been issued to each insured.

viii. The liability coverage may be either on a blanket basis or a policy, which specifically identifies this agreement with a contractual liability endorsement.

j. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, agents, construction manager, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses.

C. Waiver of Subrogation. City and Contractor waive all rights against each other and against all other subcontractors for loss or damage to the extent covered by Builder's Risk or any other property or equipment insurance applicable to the Project, except such rights as they may have to the proceeds of such insurance less their pro-rata share of the deductible. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent.

D. Insurance Requirements are Material Element of Performance. In the event of the breach of any provision of this paragraph, or in the event of any notices received which indicate any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provisions of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

FAITHFUL PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the City of Brentwood, California (hereinafter referred to as “Owner”) and Carrier Corporation (hereinafter referred to as “Contractor”), have entered into a written contract for furnishing of all labor, materials, equipment, transportation and services for the construction of the CIP Project No. 352-52403 Aquatic Complex Improvements (hereinafter referred to as the “Construction Contract”); and

WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond for the faithful performance of all terms and conditions of the Construction Contract;

NOW, THEREFORE, Contractor, as principal, and (hereinafter referred to as “Surety”), as surety, are held and firmly bound unto Owner in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made as provided in this Performance Bond.

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor timely performs each and every obligation under the Construction Contract, Surety and Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1.

3. Surety’s obligation under this Performance Bond shall arise after:

3.1 Owner has declared a Contractor Default and has notified Contractor and Surety at its address described in Paragraph 10 below that Owner has declared a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than seven days after receipt of such notice to discuss methods of performing the Construction Contract; and

3.2 Owner has agreed to pay the Balance of the Agreement Price, as calculated under the terms of the Construction Contract, to Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the Construction Contract with Owner.

4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety’s expense take one of the following actions:

4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract; or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or

4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by Owner and the contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Agreement Price, as calculated under the terms of the Construction Contract, incurred by Owner resulting from Contractor’s Default; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new Contractor and with reasonable promptness under the circumstances:

.1 After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment thereof to Owner; or

.2 Deny liability in whole or in part and notify Owner citing specific reasons therefore.

5. If Surety does not proceed as provided in Paragraph 4 within twenty days from receipt of the notice described in paragraph 3.1 (whether or not a conference has been held pursuant to paragraph 3.1), or such longer period upon which Owner and Surety may agree in writing, Surety shall be deemed to be in default on this Bond. If the Surety proceeds as provided in Subparagraph 4.4, and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

6. After Owner has declared a Contractor Default, and if Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Construction Contract, and the responsibilities of Owner to Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Performance Bond, but subject to commitment by Owner of the Balance of the Agreement Price to mitigation of costs and damages on the Construction Contract, Surety is obligated without duplication for:

6.1 The responsibilities of Contractor for correction of defective work, materials and equipment and completion of the Construction Contract;

6.2 Additional legal, design professional, construction management and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and

6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of Contractor.

7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Construction Contract, and the Balance of the Agreement Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators or successors.

8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys’ fees, to be taxed as an item of costs.

10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address, or sent via telecopier to the facsimile number, shown on the signature page.

11. DEFINITIONS

11.1 Balance of the Agreement Price: The total amount payable by Owner to Contractor under the Construction Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Construction Contract.

11.2 Construction Contract: The agreement between the Owner and the Contractor identified on the first page of this bond, including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

CONTRACTOR, as principal SURETY



By: By:
Its: Its:
Address: Address:



FAX: FAX:



Note: Signature of person executing for SURETY must be notarized and evidence of corporate authority attached




PAYMENT FOR LABOR AND MATERIALS BOND

KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the City of Brentwood, California (hereinafter referred to as “Owner”) and Carrier Corporation (hereinafter referred to as “Contractor”), have entered into a written contract for furnishing of all labor, materials, equipment, transportation and services for the construction of the CIP Project No. 352-52403 Aquatic Complex Improvements (hereinafter referred to as the “Construction Contract”); and

WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond to secure payment for all work, labor, materials, equipment or services furnished in connection with the Construction Contract;

NOW, THEREFORE, Contractor, as principal, and (hereinafter referred to as “Surety”), as surety, are held and firmly bound unto Claimants, as defined herein, in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made as provided in this Payment Bond.

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner to pay for work, labor, materials, equipment, services, or other items furnished for use and actually used in the performance of the Construction Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies and holds Owner harmless from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for work, labor, materials, equipment, services or other items furnished for use in the performance of the Construction Contract, provided Owner has promptly notified Contractor and Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

4. Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described below) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Payment Bond and, with substantial accuracy, the amount of the claim.

4.2 Claimants who do not have a direct contract with the Contractor:

.1 Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, as required by and conforming with Civil Code sections 3252 and 3091; and


.2 Not having been paid within 30 days of sending the required notice, have sent a written notice to Surety (at the address described below) and sent a copy to the Owner, stating that a claim is being made under this Payment Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. When the Claimant has satisfied the conditions of Paragraph 4, Surety shall promptly and at Surety’s expense take the following actions:

5.1 Send an answer to the Claimant, with a copy to Owner, within 20 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

5.2 Pay or arrange for payment of any undisputed amounts.

6. Surety’s total obligation shall not exceed the amount of this Payment Bond, and the amount of this Payment Bond shall be credited for any payments made in good faith by Surety.

7. Amounts owed by Owner to Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under the Performance Bond. By Contractor furnishing and Owner accepting this Payment Bond, they agree that all funds earned by Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work or the satisfaction of Owner’s claims, including liquidated damages, under the Construction Contract.

8. Surety shall not be liable to Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. Owner shall not be liable for payment of any costs or expenses of any Claimants under this Payment Bond, and shall have under this Payment Bond no obligation to make payments to, give notices on behalf of, or otherwise have any obligation to Claimants under this Payment Bond.

9. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys’ fees, to be taxed as costs.

11. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the signature page.

12. This Payment Bond has been furnished to comply with Civil Code sections 3247 through 3252. Any provision in this Payment Bond conflicting with those statutory requirements shall be deemed deleted and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Payment Bond shall be construed as a statutory bond and not as a common law bond.

13. Upon request by any person or entity appearing to be a potential beneficiary of this Payment Bond, the Contractor shall promptly furnish a copy of this Payment Bond or shall permit a copy to be made.



14. DEFINITIONS

14.1 Claimant: An individual or entity identified in California Civil Code sections 3181 or 3248.

14.2 Construction Contract: The agreement between Owner and Contractor identified above, including all Contract Documents and changes thereto.

CONTRACTOR, as principal SURETY


By: By:
Its: Its:
Address: Address:






Note: Signature of person executing for SURETY must be notarized and evidence of corporate authority attached




CERTIFICATE OF INSURANCE AND ENDORSEMENT
WORKERS’ COMPENSATION

Contract with the City of Brentwood, 150 City Park Way, Brentwood, California 94513, for the construction of:

AQUATIC COMPLEX IMPROVEMENTS
CIP PROJECT NO. 352-52403

THIS IS TO CERTIFY that the company named below has issued the worker’s compensation and employer’s liability policies listed below to the named insured, and they are in force at this time with the expiration date(s) as stated below. The Company will give at least sixty (60) days written notice by registered mail to the City prior to any material change or cancellation of said policies. The policies are so endorsed.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Statutory Limits Under
the Laws of the State of
California


Insurance Company


Street Number


City and State


By:
(Authorized Representative)


Telephone Number


Date


Principal


City and State


Telephone Number

Notice: No substitution or revision to the above certificate will be accepted. To be acceptable, insurers must be authorized to do business, and have an agent for service of process in California and have an “A” policy holder’s rating and a financial rating of at least class VII in accordance with the most current Best’s Ratings.

CONTRACTOR'S CERTIFICATE
REGARDING WORKER'S COMPENSATION


Contract with the CITY OF BRENTWOOD, 150 City Park Way, Brentwood, California 94513, for the construction of:

AQUATIC COMPLEX IMPROVEMENTS
CIP PROJECT NO. 352-52403


Labor Code Section 3700:

"Every employer, except the State, and all political subdivisions or institutions thereof, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers, duly authorized to write compensation insurance in this State.

(b) By securing from the Director of Industrial Relations a certificate on consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to employees."

I am aware of the provisions of Section 3700 of the 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, I will comply with such provisions before commencing the performance of the work of this contract.


Dated: , 2008
(Contractor)

By___________________________________


_____________________________________
(Official Title)


(SEAL)


(Labor Code Section 1861, provides that the above certificate must be signed and filed by the Contractor, with the City prior to performing any work under this contract.)








CERTIFICATE OF INSURANCE AND ENDORSEMENT
COMMERCIAL GENERAL LIABILITY


Contract with the CITY OF BRENTWOOD, 150 City Park Way, Brentwood, California 94513, for the construction of:
AQUATIC COMPLEX IMPROVEMENTS
CIP PROJECT NO. 352-52403

THIS IS TO CERTIFY that (the “Company”)
(Name of Insurance Company)

has issued the policies listed below in conformance with the limits and requirements of said contract, and are in force at this time with expiration date(s) as stated below.

POLICY EXPIRATION LIMITS OF LIABILITY
NUMBER DATE EACH OCCURRENCE AGGREGATE

Bodily Injury $1,000,000 $1,000,000

Property Damage $1,000,000 $1,000,000

Bodily Injury and
Property Damage $1,000,000 $1,000,000
Combined

Personal Injury $1,000,000 $1,000,000

Bodily Injury $1,000,000 $1,000,000
(Each Personal)

Bodily Injury $1,000,000 $1,000,000
(Each Occurrence)

The following types of coverage are included in said policies (indicate by 'X' in space):

(a) GENERAL LIABILITY:
Comprehensive Form Yes_ No _
Premises-Operations Yes_ No _
Explosion and Collapse Hazard Yes_ No _
Underground Hazard Yes_ No _
Products/Completed Operations Hazard Yes_ No _
Contractual Insurance Yes_ No _
Broad Form Property Damage Yes_ No _
Independent Contractors Yes_ No _
Personal Injury Yes_ No _
(b) AUTOMOBILE:
Comprehensive Form Yes_ No_
Owned Yes_ No _
Hired Yes_ No _
Non-Owned Yes_ No _
Attach original copy of policy to this certificate.
ENDORSEMENT

1. The City of Brentwood, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Brentwood, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by its officers, officials, employees, and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Brentwood.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

This endorsement does not increase the Company's total limits of liability.


Insurance Company Insurance Company


Policy Number Policy Number


Street Number Street Number


City and State City and State

Insurance Company Agent for By:
service of process in California (Authorized Representative)


Name Date


Street Number Agency


City and State Street Number


Telephone Number City and State


Telephone Number

Notice: To be acceptable, insurers must be authorized to do business in California, have an agent for service of process in California and have an "A" policyholder's rating and a financial rating of at least Class VII, in accordance with the most current Best's Ratings as approved by the City of Brentwood.


SECTION 13 - CLAIMS RESOLUTION
Disputes arising under this Agreement shall be resolved in accordance with the procedures set forth in Section 20104.50 of the Public Contract Code.

SECTION 14 - WARRANTY
Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality. Contractor hereby warrants its work against all deficiencies and defects for a period of one (1) year from the date the City accepts the Work or the longest period permitted by the law of this State, whichever is less.

SECTION 15 - LAWS TO BE OBSERVED
A. Contractor shall keep itself fully informed of all existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work ("Applicable Laws") that in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with Applicable Laws. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any Applicable Law, Contractor shall promptly report the same to the Engineer in writing.

SECTION 16 – MISCELLANEOUS
A. UTILITY FACILITIES

1. The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged.

2. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility owner. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract.

3. If the Contractor is required to locate, repair damage not due to the Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under the Changes section of this Contract, including payment for equipment on the Project necessarily idled during such work.

4. Contractor will not be entitled to damages or additional payment for delays caused solely by the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work.

5. Contractor shall not be assessed liquidated damages for delay in completing the WORK solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy.

6. The right is reserved by the City and the owners of facilities or their authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct his operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.

7. Attention is directed to the possible existence of underground facilities not known to the City of Brentwood, or in a location different from that which is shown on the plans or in the Special Provisions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA to mark utilities.

8. Water valves installed in the City of Brentwood's domestic water distribution system shall not be closed (water turned off) without the written consent of the Engineer or his designee, all work related to water valves (turn on or off) must be operated by City staff/personnel. All grading and other excavation work shall be conducted so that the domestic water system shall not be endangered in any way whatsoever. In the event that the nature of the work is such that certain water valves must be closed for the installation of the Work, the Contractor shall prepare for approval by the Engineer or his designee, a form letter of explanation and notice of intent for temporary water shutoff, said notice to be distributed to each and every residence and/or place of business within the area for which water service is to be temporarily discontinued a minimum of 24 hours prior to the shutdown.

B. DIFFERING SITE CONDITIONS.
1. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
a) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b) Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or
c) Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

2. The City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a change order under the provisions described in the Contract Documents.

3. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required above and elsewhere in the Contract Documents.

4. In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law, which pertain to the resolution of disputes and protests.

C. RECORDS AND AUDITS
1. Contractor and its subcontractors shall establish and maintain records pertaining to this contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this contract, including properly executed payrolls, time records, invoices and vouchers.

2. Contractor shall permit City and its authorized representatives to inspect and examine Contractor’s books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for three (3) years after the termination of this Contract.

3. Pursuant to California Government Code Section 10532, the parties to this Contract shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this contract including, but not limited to, the cost of administering the contract

D. ANTI-TRUST ASSIGNMENT

In accordance with section 7103.5 of the Public Contract Code, Contractor and all subcontractors offer and agree to assign to 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. sec. 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 public works contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to Contractor, without further acknowledgement by the parties.

SECTION 17 - WAIVERS OF LIEN
Upon request the Contractor shall submit a complete list of major suppliers and/or subcontractors who will be providing material and/or labor for the performance of the Work, and shall submit with each payment request waivers of lien from each major supplier and/or subcontractor. A sample of this form to be used will be furnished by the City.

SECTION 18 - BACK CHARGES TO CITY
Charges from Contractor to City will not be honored or paid by City unless the charges are authorized and approved by City in writing at the time the work is being performed for which a charge is to be submitted.

SECTION 19 - CLEAN-UP
Contractor will remove from the project site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from the Contract Price.

SECTION 20 - LICENSE REQUIREMENT
Contractor’s attention is directed to Business and Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the time Contractor enters into this Contract and all times Contractor is performing the Work, Contractor shall have a valid license issued by the Contractors State License Board in the classification stated in the Special Provisions. All bidders and subcontractors shall be licensed in accordance with the laws of this State and any contractor or subcontractor not so licensed is subject to penalties imposed by such laws.
CONTRACTORS AND SUBCONTRACTORS ARE REQUIRED TO OBTAIN AND MAINTAIN IN GOOD STANDING A CITY OF BRENTWOOD BUSINESS LICENSE FOR THE DURATION OF THE PROJECT.

SECTION 21 - DISQUALIFICATION OF BIDDER
If there is a reason to believe that collusion exists among any of the bidders, none of the bids of the participants in such collusion will be considered, and the City may likewise elect to reject all bids received.

SECTION 22 - SAFETY
The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property on or near the Project or adjacent to the site of the work during the performance of the work. This requirement shall apply continuously and not be limited to normal working hours. The duty of the Engineer to conduct review of the work does not include review or approval of the adequacy of the Contractor’s safety program, safety supervisor, or any safety measures taken in, on or near the job site.

Safety provisions shall conform to Cal OSHA Safety Orders, and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth therein.

The Contractor shall develop and maintain for the duration of this contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The safety program shall be posted at the project site.

SECTION 23 - PUBLIC CONVENIENCE AND SAFETY
The Contractor's attention is directed to Subsections 7-1.08 and 7-1.09 of the Caltrans Standard Specifications. Full compensation for complying with the provisions of such subsections shall be considered included in the prices paid for the various contract items of work, and no additional compensation shall be allowed therefore.

All signs required by the Engineer shall be furnished and installed by the Contractor. The cost of furnishing, installing, maintaining, and removing such signs shall be considered as included in the prices paid for the various contract items of work, and no additional compensation shall be allowed therefore.

The Contractors shall notify the Project Manager, the City of Brentwood’s Fire and Police Departments in writing at least 2 working days before closing any street or otherwise hindering access by emergency vehicles to any area. Complete street closure cannot occur without prior authorization by the City Council.

SECTION 24 - FLAGGING COSTS – This section intentionally omitted.

SECTION 25 - WATERING
The Contractor shall make arrangements for obtaining and purchasing water for construction of the project. The City cannot guarantee the availability of construction water for this project. The Contractor will be required to obtain water through his own means if water is not available through the City, at his own expense at no additional cost to the City.

Payment for complying with the provisions of this Section shall be included in the various other items of work and no additional compensation will be allowed therefore.

SECTION 26 - DUST CONTROL
The Contractor shall provide suitable means for dust control by applying either water or dust palliative for operations within the limits of the work. Dust control work shall be performed in such a manner to prevent dust at all times, including during non working hours. Full compensation for providing dust control shall be considered included in the prices paid for the various contract items of work, and no additional compensation shall be allowed therefore. If dust control is not performed in a manner satisfactory to the Engineer, then work shall either be suspended until such a time that the dust control measures are sufficient or dust control may be performed by the City, or its designee, and the City will deduct all costs it incurs performing dust control, plus twenty-five percent (25%) from amounts due or that become due to Contractor.

SECTION 27 - TEMPORARY SUSPENSION OF WORK
The Engineer or his designee shall have the authority to suspend the work wholly or in part, for such a period, as the Engineer may deem necessary, as defined in the Caltrans Standard Specifications.

SECTION 28 - NPDES PERMITTING
1. General. The intent of these requirements is to enforce federal, state and local laws, ordinances, codes and regulations that pertain to storm water pollution attributable to construction projects. Storm drains discharge directly to creeks without treatment. Therefore, discharge of pollutants (i.e. any substance, material or waste other than uncontaminated storm water) into the storm drain system is strictly prohibited.

For the purpose of eliminating storm water pollution, the Contractor shall implement effective control measures over the entire project. There are several publications which provide guidance on selecting and implementing effective control measures known as Best Management Practices (BMPs). BMPs include, but are not limited to, schedules of activities, prohibition of practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures and other management procedures designed to prevent the discharge of pollutants directly or indirectly to the storm drain system. BMPs also include the construction of some facilities which may be required to prevent, control and abate storm water pollution. The reference publications are as follows:
California Storm Water Best Management Practices Handbook - Industrial/Commercial
California Storm Water Best Management Practices Handbook - Construction Activity

These handbooks may be purchased from Blue Print Services (BPS), 1700 Jefferson Street, Oakland, California 94612, (510) 287-5485.

If applicable the Contractor shall be responsible for preparing and submitting to the Engineer a Storm Water Pollution Prevention Plan (SWPPP) in conformance with the California NPDES (National Pollution Discharge Elimination System) General Permit for Storm Water Discharges associated with construction activity. The SWPPP shall address intended methods to reduce the amount of pollutants contained in storm water runoff during construction of the work if applicable. If applicable, the City of Brentwood will file a Notice of Intent (NOI) requesting permit coverage for this project.
The SWPPP is considered a report available to the public under Section 308 (b) of the Clean Water Act. The SWPPP shall be kept at the site during construction and made available upon request of a representative of the Regional Water Board or other local agency. The Contractor shall amend the SWPPP for any change in construction or operations which may affect the discharge of pollutants to surface water, ground waters, or storm drain system.

The Contractor shall submit the SWPPP to the Engineer within fifteen (15) days of the Notice to Proceed. Upon approval of the SWPPP, the Contractor shall be responsible for implementing, maintaining, and repairing all storm water pollution controls as described in his approved SWPPP for the duration of the work. The Contractor shall make any repairs to the storm water pollution controls and amend the SWPPP if, in the opinion of the Engineer, the Contractor is not in compliance with the SWPPP. Failure to make the necessary repairs or other maintenance when directed by the Engineer shall result in the necessary repair work being done by City forces, and the Contractor will be billed at double the rate of all City expenses. In addition, the Contractor shall be responsible for any fines imposed by the Regional Water Quality Control Board or other agency as a result of noncompliance, negligence, or violation of permit conditions.

Records of all inspections and compliance certifications reporting must be retained as part of the Storm Water Pollution Prevention Plan for a period of three years. Upon completion of the project construction and termination of coverage under the General Permit, the records shall be retained by the contractor with a copy of the final SWPPP.

2. Material Storage. Storage and exposure of raw materials, by-products, finished products, and containers shall be controlled as described below:

All construction materials shall be stored at least ten (10) feet away from inlets, catch basins, and curb returns. The Contractor shall not allow any material to enter the storm drain system. At the end of each working day, the Contractor shall collect and dispose of all scrap, debris, and waste material.

During wet weather or when rain is forecast, the Contractor shall store materials that can contaminate rainwater or be transported by storm water or other runoff to the storm drain system inside a building or cover them with a tarp or other waterproof material secured with weighted tires or sandbags to prevent contact with rain.
The Contractor is reminded that storage and disposal of all hazardous materials such as paints, thinners, solvents, and fuels; and all hazardous wastes such as waste oil must meet all federal, state and local standards and requirements.

3. De-watering Operations. All groundwater removed from the trench or excavations must be de-silted prior to discharging it into the storm drain system through filtering materials and methods meeting the Association of Bay Area Governments (ABAG) Standards for Erosion & Sediment Control Measures and/or through methods and procedures described in the California Storm Water Best Management Practice Handbook - Construction Activity (latest edition). A sampling and analysis program for non-visible storm water pollutants must be implemented. Sampling and analysis guidance can be found at www.waterboards.ca.gov under Modifications to the Fact Sheet of the National Pollutant Discharge Elimination System General Permit for Discharge of Storm Water associated with construction activities Order No. 99-08-DWQ (CGP) (6/10/04). If there is suspicion of soil amendments (such as lime, fly ash, etc.) are being used and they will be exposed to storm water, a sampling and analysis program must be implemented.

4. Pavement Saw-Cutting Operations. The Contractor shall prevent any saw-cutting debris from entering the storm drain system. The Contractor, preferably, shall use dry cutting techniques and sweep up residue. If wet methods are used, the Contractor shall vacuum slurry as cutting proceeds or collect all wastewater by constructing a sand bag sediment barrier. The bermed area shall be of adequate size to collect all wastewater and solids. The Contractor shall allow collected water to evaporate if the wastewater volume is minimal and if maintaining the ponding area does not interfere with public use of the street area or create a safety hazard. If approved by the Engineer, the Contractor may direct or pump saw-cutting wastewater to a dirt area and allow to infiltrate. The dirt area shall be adequate to contain all the wastewater. After wastewater has infiltrated, all remaining saw-cutting residue must be removed and disposed of properly. Remaining silt and debris from the ponding or bermed area shall be removed or vacuumed and disposed of properly.

If a suitable dirt area is not available or discharge to the sanitary sewer is not feasible, with the approval of the Engineer and Contra Costa County Flood Control (CCCFC) & Water Conservation District (WCD), the Contractor shall filter the saw-cutting wastewater through filtering materials and methods meeting ABAG Standards for Erosion and Sedimentation Control Measures (latest edition) before discharging to the storm drain.

5. Pavement Operations. The Contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and run-off pollution, disposing of wastes properly, and by implementing the procedures in the Best Management Practices Handbook. In addition, the Contractor shall observe the following guidelines:

• Paving during wet weather:
a) No paving while it is raining.
c)b) No paving of the top lift of asphalt concrete (AC) on any day that experiences ¼” of rain in a twenty-four (24) hour period.
d)c) No paving of bottom lift if previous seventy-two (72) hour period experienced more than ½” rain, unless directed by the City Engineer or his designee.
• Store materials as required under section 2.
• Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, fog seal, etc.
• Place drip pans or absorbent materials under paving equipment when not in use. During wet weather, store contaminated paving equipment indoors, or cover with tarp or other waterproof covering.
• Sweep site daily using mechanical methods to prevent sand, gravel or excess asphalt from entering or being transported by rain into the storm drain system.
• Keep ample supplies of drip pans or absorbent materials on-site.
• If paving involves Portland cement concrete, refer to section G6 below.
• All of the above at the discretion of the City Engineer or his designee.

6. Concrete Operations. Do not wash out concrete trucks into storm drains, open ditches, streets, streams, etc. The Contractor shall prevent the discharge of pollutants from concrete operations by using measures to prevent run-on and run-off pollution, properly disposing of wastes, and by implementing the following BMPs:

• Store all materials in waterproof containers or under cover away from drain inlets or drainage areas.
• Avoid mixing excess amounts of Portland cement materials. Dispose of any excess materials properly.
• Whenever possible, perform washout of concrete trucks off-site where discharge is controlled and not permitted to discharge to the storm drain system. For on-site washout:
 Locate washout area at least fifty (50) feet from storm drains, open ditches or other water bodies, preferably in a dirt area. Confine run-off from this area by constructing a temporary pit or bermed area large enough for the liquid and solid waste.
 Wash out concrete wastes into the temporary pit where the concrete can set, be broken up and then disposed of properly. If the volume of water is greater than what will allow concrete to set, allow the wash water to infiltrate and/or evaporate, if possible. Remove or vacuum the remaining silt and debris from the ponding or bermed area and dispose of it properly.
• Dispose of wastewater from washing of exposed aggregate to dirt area. The dirt area shall be adequate to contain all the wastewater and once the wastewater has infiltrated, any remaining residue must be removed.
• Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in trash container.

7. Grading and Excavation Operations. If applicable, the Contractor shall prepare a 40 scale erosion control plan and submit it to the Engineer for approval, within fifteen (15) days of the Notice To Proceed.

The erosion and sedimentation control materials and methods shall be in accordance with ABAG Standards For Erosion And Sediment Control Measures and/or the procedures and methods described in the California Storm Water Best Management Practice Handbook - Construction Activity (latest edition) and the City of Brentwood’s grading ordinance.

Sedimentation and erosion control/filter materials shall be placed in a manner that will retain any debris or sediment from flowing into the storm drain system. The Contractor shall have labor, tools, equipment and materials needed, at the job site, to provide the erosion control measures necessary as a result of earthwork or trenching before beginning or continuing these construction activities. Sand bags and straw wattle shall be stockpiled adjacent to the locations of activity and ready to be installed when the rainfall forecast for 48 hours is 40% or greater or when directed by the Engineer.

The Contractor shall install siltation control devices around catch basins at the end of each working day. These devices shall be maintained at all times during the construction period, and shall be removed when construction is complete.

The Contractor shall not be allowed to block existing drainage flowing onto the work area. The Contractor shall install temporary drainage facilities, if necessary. There shall be no extra compensation to the Contractor for keeping existing drainage open. The Contractor is responsible for any damage to property or existing improvements resulting from blocking existing drainage.

The Contractor shall inspect the sites of work at the beginning and once every 24-hour period through the duration of each storm to assure that inlets and pipes are not blocked with silt or debris and shall be prepared to make repairs to the erosion control devices and take any other remedial measures as directed by the Engineer. At the end of a storm event all depressions with ponded water, the water in catch basins, and the check dam ponds shall be pumped dry and all silt and debris removed. This work shall be completed within twenty-four (24) hours after the end of each storm.

8. Spill Prevention and Control. The Contractor shall take any and all precautions to prevent accidental spills during the work under this contract. However, in the event of a spill:

• The Contractor shall immediately contain and prevent leaks and spills from entering the storm drain system, and properly clean-up and dispose of the waste and clean-up materials. If waste is hazardous, the Contractor shall comply with all federal, state and local hazardous waste requirements.

• The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks.
• The Contractor shall report any hazardous material spills immediately to the City Engineer and the City of Brentwood Police Department, as per hazardous material response protocol.

9. Vehicle/Equipment Cleaning. The Contractor shall not perform vehicle or equipment cleaning or maintenance on-site or in the street using soaps, solvents, de-greasers, steam cleaning equipment or equivalent methods. The Contractor shall perform vehicle or equipment cleaning with water only in a designated, bermed area that will not allow rinse water to run off-site or into the storm drain system. The rinse-water shall be permitted to infiltrate in dirt area or shall be discharged to the sanitary sewer with the approval of the City Engineer.

The Contractor shall dispose of wash water from the cleaning of water base paint equipment and tools to the sanitary sewer.

If using oil based paint, to the maximum extent practicable, the Contractor shall filter the paint thinner and solvents for reuse and dispose of the waste thinner and solvent, and sludge from cleaning of equipment and tools as hazardous waste. No disposal of oil base materials is allowed into the City sewer system.

10. Contractor Training and Awareness. The Contractor shall train all employees on the water pollution prevention requirements contained in these specifications. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met.

The Contractor shall comply with City of Brentwood Standard Specification SD-15c as the work relates to labeling of inlets, all cost associated with the labeling of inlets shall be considered as included in the various bid items of work on this project and no additional compensation will be allowed therefore.

11. Good Housekeeping Practices. In addition to the practices and procedures discussed above, the Contractor shall implement the following applicable good housekeeping practices.

• Store materials that have the potential to be transported to the storm drain system by storm run-off or by a spill under cover in a contained area or in sealed waterproof containers.
• Use tarps on the ground to collect fallen debris or splatters that could contribute to storm water pollution.
• Secure opened bags of cement, and of other light or powdered materials which can be transported by wind.
• Pick up litter, construction debris and other wastes daily from outside areas including the sidewalk area, gutter, street pavement and storm drains impacted by the project. All wastes shall be stored in covered containers or disposed of or recycled immediately.
• Dispose of wash water to the sanitary sewer with the approval of City Engineer or recycle wash water (refer to section 6).
• Inspect vehicles and equipment arriving on-site for leaking fluids and promptly repair leaking vehicles and equipment. Vehicles leaking fluids will not be allowed on the construction site and if not repaired, must be removed.
• Avoid spills by handling materials carefully. Keep a stockpile of spill control materials, such as rags or absorbents, readily accessible on-site. Clean up all spills immediately to prevent any material from being discharged to the storm drain (refer to section 8).
• Train employees regularly on good housekeeping practices and BMPs. Assign responsibility to specific employees on BMPs, good housekeeping practices, and what to do in the event of a spill (refer to section 10).
• Maintain and replace all sediment and water pollution control devices as necessary to ensure that said controls are working effectively (e.g. inspect all sediment ponds or sandbag sedimentation/filtering systems after each rain. Remove accumulated sediment and debris and replace or repair damaged sandbags immediately).

12. Payment. All costs associated with conforming to the requirements of this section shall be considered as included in the various bid items of work on this project and no additional compensation will be allowed therefore.

SECTION 29 - AUTHORITY OF ENGINEER
The Engineer, or his designee, shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner or performance and loss of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final and the Engineer shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.

SECTION 30 - PLANS AND WORKING DRAWINGS – This section intentionally omitted.

SECTION 31 - APPROXIMATE QUANTITY ESTIMATE
The quantities given in the notice to Contractors and in the proposal and contract forms are approximate only, being given as a basis for the comparison of bids, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the Engineer.

SECTION 32 - INSPECTION
The Engineer and designees shall at all times have access to the work during its construction and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished shall be subject to their inspection.

The inspection of the work or materials shall not relieve the Contractor of any of his obligations to perform the work as prescribed. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Construction Manager or Engineer or that payment therefore has been included in a progress estimate. Any lost time due to this section, no compensation will be granted.

SECTION 33 - REMOVAL OF REJECTED AND UNAUTHORIZED WORK
All work which has been rejected shall be remedied, or removed from the site and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such removal, replacement, or remedial work.

Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized work and will not be paid for. Upon order of the Construction Manager or Engineer unauthorized work shall be remedied, removed, or replaced at the Contractor's expense.

Upon failure of the Contractor to comply promptly with any order of the Construction Manager or Engineer made under this section, the Construction Manager or Engineer may cause rejected or unauthorized work to be remedied, removed, or replaced, and to deduct the costs from any monies due or to become due the Contractor.

SECTION 34 - CHARACTER OF WORKMEN
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the request of the Engineer, and such person shall not again be employed on the work. Failure by the subcontractor or Contractor to comply with this section shall be the basis of at least one day of liquidated damages as determined by the City Engineer.

SECTION 35 - CONTROL OF MATERIALS
A. GENERAL
The control of the materials required to complete the work including, but not limited to, the sources, handling, testing, and rejections shall conform to Section 6 of the Caltrans Standard Specifications.

B. SAMPLES AND TESTS
The source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work.

Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work, for testing or examination when requested by the Engineer or as specified in the Contract Documents. Contractor shall submit all test results to the Project Manager within five (5) days of the testing at no charge to the City.

All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Caltrans Standard Specifications, the City of Brentwood Standard Plans and Specifications, and the Special Provisions.

The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No material shall be used until it has been approved by the Engineer.

C. DEFECTIVE MATERIALS
All materials which the Engineer has determined do not conform to the requirements of the Contract Documents will be rejected, whether in place or not. They shall be removed immediately from the site of the work, unless otherwise permitted by the Engineer. No rejected material shall be used in the work, unless the defects have been corrected, and approval in writing has been given by the Engineer. The cost of re-testing material or workmanship that fails to pass the first test shall be borne by the Contractor. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions in this section, the Engineer shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any monies due or to become due the Contractor.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

CITY OF BRENTWOOD CONTRACTOR:


By: By:
Donna Landeros, City Manager (Authorized Representative of Contractor)


Dated: _________________, 2008 Printed Name:


ATTEST: Title:

_____________________________
Margaret Wimberly, CMC
City Clerk Dated: ____________________, 2008

APPROVED AS TO FORM:


______________________________
Damien B. Brower, City Attorney

 

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Brentwood, CA 94513
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