16-0419_TAYLOR TENNIS COURTS, INC_Agenda Report_F10TO:
FROM:
SUBMITTED BY :
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
;;t;n Siegel, City Manager
4/19/2016
F10
; £11A/\ __
Steve May, P.E., Public Works and Utilities Director ~-
Ken Al-lmam, Interim Director of Finance
PREPARED BY: Paul Meshkin, P.E., Senior Civil Engineer ?--
DATE:
SUBJECT:
April19, 2016
Consideration of Award of Contract for the Camino Capistrano
Athletic Arena Court Resurfacing Project, (Taylor Tennis Courts,
Inc.) (CIP 15304)
RECOMMENDATION:
By motion,
1. Determine that the Camino Capistrano Athletic Arena Court Resurfacing Project
is categorically exempt under provisions of CEQA Guidelines Section 15301
(Class 1 ); and,
2. Award a construction contract for the Camino Capistrano Sports Court
Resurfacing Project to the lowest responsive bidder, Taylor Tennis Courts, Inc.,
in the amount of $48,970, and authorize the City Manager to execute the
contract; and,
3. Authorize the City Manager to approve Contract Change Orders up to an amount
not to exceed 25% of the Construction Contract amount.
EXECUTIVE SUMMARY:
The Camino Capistrano Sports Court Resurfacing Project (CIP 15304) seeks to improve
the condition of sports facilities located on the east side of Camino Capistrano between
La Zanja and Acjachema Street. Staff is recommending that the City Council award a
construction contract to the lowest responsible bidder, Taylor Tennis Courts, Inc. in the
amount of $48,970. Due to the unknown condition of the concrete surface below the
existing carpet and the possibility for additional repair cost, staff is recommending that
City Council Agenda Report
April19, 2016
Page 2 of 3
the City Council authorize the City Manager to approve contract change orders up to an
amount not to exceed 25% of the contract amount. The City received two bids for the
Project on February 23, 2016, which are valid until May 23, 2016.
DISCUSSION/ ANALYSIS:
The condition of the tennis , basketball, and soccer court surfaces have deteriorated
over the past several years and the site is in need of urgent repairs and resurfacing .
The project scope includes resurfacing of the tennis and basketball courts, removal of
the existing carpet and padding at the soccer court, and repairing the concrete surface
and applying two coats of acrylic material in lieu of installing new carpet and padding.
The Project scope also includes installation of windscreens at the tennis courts. The
Project was advertised for construction on February 4, 2016, and the bid opening date
was on February 23, 2016. Two (2) bids were received for the Project as summarized
below:
Bidder's Name
Taylor Tennis Courts, Inc.
Sequoia Surfacing and Engineering, Inc .
Bid Amount
$48,970
$56,789
The bid amount of $48, 970 is below the Engineer's Estimate of $61,000. A time limit of
thirty (30) working days from the Notice to Proceed has been set for completion of
construction, with an expected completion date of June 15, 2016.
FISCAL IMPACT:
The City's Fiscal Year 2015-16 Amended Budget for the Project is $88,050. The
construction costs are estimated as follows:
Construction (Contract)
25% Contingency
Total Direct Construction Costs
Construction Engineering (staff time)
Total
The current available budget less expenses for the
sufficient funds to complete construction of the Project.
ENVIRONMENTAL IMPACT :
project is
$48,970
12,242
$61,212
9,181
$70,393
$82,984. There are
This project has been reviewed in accordance with the California Environmental Quality
Act. It has been determined that the Project is categorically exempt from environmental
review pursuant to CEQA Guidelines Section 15301 (Class 1 ).
City Council Agenda Report
April19, 2016
Page 3 of 3
PRIOR CITY COUNCIL REVIEW:
..
• On December 1, 2015, the City Council rejected the one bid received and
authorized staff to re-advertise and receive construction bids for the Camino
Capistrano Athletic Arena Court Resurfacing Project (CIP 15304).
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On November 16, 2015, the Project was presented to the Parks, Recreation,
Senior, and Youth Services Commission.
• On March 21, 2016, a project update was presented to the Parks, Recreation,
Senior, and Youth Services Commission.
NOTIFICATION:
Taylor Tennis Courts Inc.
Sequoia Surfacing and Engineering, Inc.
ATTACHMENT(S):
Attachment 1 -Construction Contract
Attachment 2 -Location Map
SECTION D -CONSTRUCTION AGREEMENT
CITY OF SAN JUAN CAPISTRANO
CONSTRUCTION CONTRACT
CAMINO CAPISTRANO ATHLETIC ARENA COURT RESURFACING
1. PARTIES AND DATE.
This Contract is made and entered into this day of April, 2016 by and between the
City of San Juan Capistrano, a public agency and public corporation of the State of California
("City") and TAYLOR TENNIS COURTS, INC, a CORPORATION, with its principal place of
business at 31441 Santa Margarita Pkwy #A-158 Rancho Santa Margarita, CA 92688
("Contractor''). City and Contractor are sometimes individually referred to as "Party" and
collectively as "Parties" in this Contract.
2. RECITALS.
2.1 Citv. City is a public agency organized under the laws of the State of California,
with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is duly licensed and experienced in providing
athletic court resurfacing related construction services to public clients, that it and its employees
or subcontractors have all necessary licenses and permits to perform the services in the State
of California, and that it is familiar with the plans of City. The following license classifications
are required for this Project: Class A or Class B or C61/D47.
2.3 Project. City desires to engage Contractor to render such services for the
Camino Capistrano Athletic Arena Court Resurfacing Project -CIP 15304 ("Project") as set
forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, a performance bond, a payment bond, and all insurance documentation,
as required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in
full by reference the following documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit "A")
• Plans and Specifications (Exhibit "B")
• Special Conditions (Exhibit "C")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "D")
• Public Works Contractor Registration Certification (Exhibit "E")
• Payment and Performance Bonds (Exhibit "F")
• Addenda
• Change Orders executed by the City
61147.02100\20980503.2 1
ATTACHMENT 1
• 2015 Edition of the Standard Specifications for Public Works Construction
(The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids
• Instructions to Bidders
• Contractor's Bid
3.2 Contractor's Basic Obligation: Scope of Work. Contractor promises and agrees,
at its own cost and expense, to furnish to the City all labor, materials, tools, equipment,
services, and incidental and customary work necessary to fully and adequately complete the
Project, including all structures and facilities necessary for the Project or described in the
Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as
specified pursuant to this Contract. All Work shall be subject to, and performed in accordance
with the above referenced documents, as well as the exhibits attached hereto and incorporated
herein by reference. The plans and specifications for the Work are further described in Exhibit
"B" attached hereto and incorporated herein by this reference. Special Conditions, if any,
relating to the Work are described in Exhibit "C" attached hereto and incorporated herein by this
reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method
of performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change,
addition or deletion is approved in writing by a valid change order executed by the City. Should
Contractor request a change order due to unforeseen circumstances affecting the performance
of the Work, such request shall be made within five (5) business days of the date such
circumstances are discovered or shall waive its right to request a change order due to such
circumstances. If the Parties cannot agree on any change in price required by such change in
the Work, the City may direct the Contractor to proceed with the performance of the change on
a time and materials basis.
3.2.2 Substitutions/"Or Equal". Pursuant to Public Contract Code Section
3400(b), the City may make a finding that designates certain products, things, or services by
specific brand or trade name. Unless specifically designated in this Contract, whenever any
material, process, or article is indicated or specified by grade, patent, or proprietary name or by
name of manufacturer, such Specifications shall be deemed to be used for the purpose of
facilitating the description of the material, process or article desired and shall be deemed to be
followed by the words "or equal."
Contractor may, unless otherwise stated, offer for substitution any material,
process or article which shall be substantially equal or better in every respect to that so
indicated or specified in this Contract. However, the City may have adopted certain uniform
standards for certain materials, processes and articles. Contractor shall submit requests,
together with substantiating data, for substitution of any "or equal" material, process or article no
later than thirty-five (35) days after award of the Contract. To facilitate the construction
schedule and sequencing, some requests may need to be submitted before thirty-five (35) days
after award of Contract. Provisions regarding submission of "or equal" requests shall not in any
way authorize an extension of time for performance of this Contract. If a proposed "or equal"
substitution request is rejected, Contractor shall be responsible for providing the specified
material, process or article. The burden of proof as to the equality of any material, process or
article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process
or article is an "or equal" material, process or article that may be substituted. Data required to
61147.02100\20980503.2 2
substantiate requests for substitutions of an "or equal" material, process or article data shall
include a signed affidavit from Contractor stating that, and describing how, the substituted "or
equal" material, process or article is equivalent to that specified in every way except as listed on
the affidavit. Substantiating data shall include any and all illustrations, specifications, and other
relevant data including catalog information which describes the requested substituted "or equal"
material, process or article, and substantiates that it is an "or equal" to the material, process or
article. The substantiating data must also include information regarding the durability and
lifecycle cost of the requested substituted "or equal" material, process or article. Failure to
submit all the required substantiating data, including the signed affidavit, to the City in a timely
fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City's costs associated with the review of
substitution requests. Contractor shall be responsible for all costs related to a substituted "or
equal" material, process or article. Contractor is directed to the Special Conditions (if any) to
review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages. Contractor shall perform and
complete all Work under this Contract within 30 working days, beginning the effective date of
the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance
with any completion schedule, construction schedule or project milestones developed by the
City. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached
hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such
Work is not completed within the aforementioned Contract Time and/or pursuant to any such
completion schedule, construction schedule or project milestones developed pursuant to
provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as
fixed and liquidated damages the sum of ($500.00) per day for each and every calendar day of
delay beyond the Contract Time or beyond any completion schedule, construction schedule or
Project milestones established pursuant to the Contract.
3.4 Standard of Performance; Performance of Employees . Contractor shall perform
all Work under this Contract in a skillful and workmanlike manner, and consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, including an City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Contract. As provided for in the indemnification
provisions of this Contract, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any work necessary to correct errors or omissions which are
caused by Contractor's failure to comply with the standard of care provided for herein. Any
employee who is determined by the City to be uncooperative, incompetent, a threat to the safety
of persons or the Work, or any employee who fails or refuses to perform the Work in a manner
acceptable to the City, shall be promptly removed from the Project by Contractor and shall not
be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor shall
at all times be under Contractor's exclusive direction and control. Contractor shall pay all
61147.02100\20980503.2 3
wages, salaries, and other amounts due such personnel in connection with their performance
under this Contract and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
3.6 Citv's Basic Obligation. City agrees to engage and does hereby engage
Contractor as an independent contractor to furnish all materials and to perform all Work
according to the terms and conditions herein contained for the sum set forth above. Except as
otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the
satisfactory performance by Contractor of the services and obligations required by this Contract,
the below-referenced compensation in accordance with compensation provisions set forth in the
Contract.
3. 7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of Forty Eight
Thousand Nine Hundred Seventy Dollars ($48.970.00) {"Total Contract Price") provided that
such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or
written change orders approved and signed in advance by the City.
3. 7.2 Payment of Compensation. If the Work is scheduled for completion in
thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon
completion and approval by City of the Work. If the Work is scheduled for completion in more
than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for
herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an
itemized application for payment in the format supplied by the City indicating the amount of
Work completed since commencement of the Work or since the last progress payment. These
applications shall be supported by evidence which is required by this Contract and such other
documentation as the City may require. The Contractor shall certify that the Work for which
payment is requested has been done and that the materials listed are stored where indicated.
Contractor may be required to furnish a detailed schedule of values upon request of the City
and in such .detail and form as the City shall request, showing the quantities, unit prices,
overhead, profit, and all other expenses involved in order to provide a basis for determining the
amount of progress payments.
3. 7.3 Prompt Payment. City shall review and pay all progress payment
requests in accordance with the provisions set forth in Section 20104.50 of the California Public
Contract Code. However, no progress payments will be made for Work not completed in
accordance with this Contract. Contractor shall comply with all applicable laws, rules and
regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent
(5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All
Contract retention shall be released and paid to Contractor and subcontractors pursuant to
California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct
from each progress payment an amount necessary to protect City from loss because of: (1)
liquidated damages which have accrued as of the date of the application for payment; (2) any
sums expended by the City in performing any of Contractor's obligations under the Contract
which Contractor has failed to perform or has performed inadequately; (3) defective Work not
remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be
61147.02100\2 0980503.2 4
completed for the unpaid balance of the Total Contract Price or within the scheduled completion
date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from
the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and
sufficient documentation as required by the Contract or by City during the prosecution of the
Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10)
any sums representing expenses, losses, or damages as determined by the City, incurred by
the City for which Contractor is liable under the Contract; and ( 11) any other sums which the
City is entitled to recover from Contractor under the terms of the Contract or pursuant to state
law, including Section 1727 of the California Labor Code. The failure by the City to deduct any
of these sums from a progress payment shall not constitute a waiver of the City's right to such
sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California
Public Contract Code Section 22300, the City will permit the substitution of securities for any
monies withheld by the City to ensure performance under the Contract. At the request and
expense of Contractor, securities equivalent to the amount withheld shall be deposited with the
City, or with a state or federally chartered bank in California as the escrow agent, and thereafter
the City shall then pay such monies to Contractor as they come due . Upon satisfactory
completion of the Contract, the securities shall be returned to Contractor. For purposes of this
Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the
contract" shall mean the time the City has issued written final acceptance of the Work and filed
a Notice of Completion as required by law and provisions of this Contract. Contractor shall be
the beneficial owner of any securities substituted for monies withheld and shall receive any
interest thereon. The escrow agreement used for the purposes of this Section shall be in the
form provided by the City.
3.7.7 Title t o Work. As security for partial, progress, or other payments, title to
Work for which such payments are made shall pass to the City at the time of payment. To the
extent that title has not previously been vested in the City by reason of payments, full title shall
pass to the City at delivery of the Work at the destination and time specified in this Contract.
Such transferred title shall in each case be good, free and clear from any and all security
interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge,
hypothecate, or otherwise encumber the items in any manner that would result in any lien,
security interest, charge, or claim upon or against said items. Such transfer of title shall not
imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply
with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to
items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and
material releases from all subcontractors performing work on, or furnishing materials for, the
Work governed by this Contract prior to final payment by City.
3.7.9 Prevai ling Wages. Contractor is aware of the requirements of California
Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations,
Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects. Since the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Contract. Contractor shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
61147.02100\20980503.2 5
Services available to interested parties upon request, and shall post copies at Contractor's
principal place of business and at the project site. Contractor shall defend, indemnify and hold
the City, its officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor
and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for
each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an
apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of
the California Labor Code with respect to the employment of properly registered apprentices
upon public works. The primary responsibility for compliance with said section for all
apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is
determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit
as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or
such greater amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor
constitutes a legal day's work . Pursuant to Section 1813 of the California Labor Code,
Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is
permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any
one calendar week, except when payment for overtime is made at not less than one and
one-half ( 1-1 /2) times the basic rate for that worker.
3. 7.12 Payroll Records. Contractor and each subcontractor shall keep an
accurate payroll record, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per diem wages
paid to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work. The payroll records shall be certified and shall be available for
inspection at all reasonable hours at the principal office of Contractor in the manner provided in
Labor Code section 1776. In the event of noncompliance with the requirements of this section,
Contractor shall have 10 days in which to comply subsequent to receipt of written notice
specifying in what respects such Contractor must comply with this section. Should
noncompliance still be evident after such 1 0-day period, Contractor shall, as a penalty to City,
forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until
strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor
Commissioner. A contractor who is found to have violated the provisions of law regarding
wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works
contracts for a period of one to three years as determined by the Labor Commissioner. Upon
the request of the Division of Apprenticeship Standards or the Division of Labor Standards
Enforcement, such penalties shall be withheld from progress payments then due. The
responsibility for compliance with this section is on Contractor.
3.7.13 Contractor and Subcontractor Registration. Effective March 1, 2015,
pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that
wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be
registered with the Department of Industrial Relations. No bid will be accepted nor any contract
entered into without proof of the contractor's and subcontractors' current registration with the
Department of Industrial Relations to perform public work. Contractor is directed to review, fill
out and execute the Public Works Contractor Registration Certification attached hereto as
Exhibit "E" prior to contract execution.
61147.02100\20980503.2 6
3. 7.14 Labor Complia nce . This Project is subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be the Contractor's sole
responsibility to evaluate and pay the cost of complying with all labor compliance requirements
under this Contract and applicable law.
3.8 Perfo rmance of Work ; Jobsite Obligations.
3.8. 1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor
shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance
with all local, state and federal laws, rules and regulations that may impact, or be implicated by
the performance of the Work including, without limitation, all applicable provisions of the Federal
Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality
Control Act (Cal Water Code§§ 13000-14950); local ordinances regulating discharges of storm
water; and any and all regulations, policies, or permits issued pursuant to any such authority
regulating the discharge of pollutants, as that tenn is used in the Porter-Cologne Water Quality
Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General
Permit. Contractor shall comply with all conditions of the most recent iteration of the National
Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated
with Construction Activity, issued by the California State Water Resources Control Board
("Pennit"). It shall be Contractor's sole responsibility to file a Notice of Intent and procure
coverage under the Permit for all construction activity which results in the disturbance of more
than one acre of total land area or which is part of a larger common area of development or
sale. Prior to initiating work, Contractor shall be solely responsible for preparing and
implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit.
Contractor shall be responsible for procuring, implementing and complying with the provisions of
the Permit and the SWPPP, including the standard provisions, and monitoring and reporting
requirements as required by the Permit. The Permit requires the SWPPP to be a "living
document" that changes as necessary to meet the conditions and requirements of the job site
as it progresses through difference phases of construction and is subject to different weather
conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to
address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage
City, or local agency regarding discharges of storm water to separate storm drain systems or
other watercourses under their jurisdiction, including applicable requirements in municipal storm
water management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other
waters may be encountered at various times during construction of The Work. Therefore, the
Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising
from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities
arising therefrom.
3.8.1.5 Liability for Non-Compliance. Failure to comply with the
Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this
Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its
directors, officials, officers, employees, volunteers and agents for any alleged violations. In
addition, City may seek damages from Contractor for any delay in completing the Work in
6 1147.02100\20 980503.2 7
accordance with the Contract, if such delay is caused by or related to Contractor's failure to
comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to
defend any enforcement action brought against the City for Contractor's failure to comply with
the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the
indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to
reimburse the City for the costs (including the City's attorney's fees) associated with, any
settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance
requirements set forth in paragraph 3.4, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will
receive adequate training, as determined by City, regarding the requirements of the laws,
regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided
under this Agreement. Upon request, City will provide the Contractor with a list of training
programs that meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. Contractor shall comply with the requirements of
the specifications relating to safety measures applicable in particular operations or kinds of
work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable
local, state and federal laws, rules and regulations, and shall exercise all necessary precautions
for the safety of employees appropriate to the nature of the Work and the conditions under
which the Work is to be performed. Safety precautions as applicable shall include, but shall not
be limited to, adequate life protection and lifesaving equipment; adequate illumination for
underground and night operations; instructions in accident prevention for all employees, such as
machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space
procedures, trenching and shoring, fall protection and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and
adequate facilities for the proper inspection and maintenance of all safety measures.
Furthermore, Contractor shall prominently display the names and telephone numbers of at least
two medical doctors practicing in the vicinity of the Project, as well as the telephone number of
the local ambulance service, adjacent to all telephones at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Contract or the Work, including all Cai/OSHA requirements,
and shall give all notices required by law. Contractor shall be liable for all violations of such
laws and regulations in connection with Work. If Contractor observes that the drawings or
specifications are at variance with any law, rule or regulation, it shall promptly notify the City in
writing. Any necessary changes shall be made by written change order. If Contractor performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a
public entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and
agreed that all provisions of the law applicable to the public contracts of a municipality are a part
of this Contract to the same extent as though set forth herein and will be complied with.
Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and
agents free and harmless, pursuant to the indemnification provisions of this Contract, from any
61147.02100\20980503.2 8
claim or liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City
permits and licenses necessary to perform the Work described herein, including, but not limited
to, an City Business License. While Contractor will not be charged a fee for any City permits,
Contractor shall pay the City's applicable business license fee. Any ineligible contractor or
subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on
this Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the
Work governed by this Contract entails excavation of any trench or trenches five (5) feet or
more in depth, Contractor shall comply with all applicable provisions of the California Labor
Code, including Section 6705. To this end, Contractor shall submit for City's review and
approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to
be made for worker protection from the hazard of caving ground during the excavation of such
trench or trenches. If such plan varies from the shoring system standards, the plan shall be
prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Cond itions. As required by California
Public Contract Code Section 7104, if this Contract involves digging trenches or other
excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly,
and prior to disturbance of any conditions, notify City of: ( 1) any material discovered in
excavation that Contractor believes to be a hazardous waste that is required to be removed to a
Class I, Class II or Class Ill disposal site; (2) subsurface or latent physical conditions at the site
differing from those indicated by City; and (3) unknown physical conditions of an unusual nature
at the site, significantly different from those ordinarily encountered in such contract work. Upon
notification, City shall promptly investigate the conditions to determine whether a change order
is appropriate . In the event of a dispute, Contractor shall not be excused from any scheduled
completion date and shall proceed with all Work to be performed under the Contract, but shall
retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underg round Uti li ty Fac ilit ies. To the extent required by Section 4215 of
the California Government Code, City shall compensate Contractor for the costs of: (1) locating
and repairing damage to underground utility facilities not caused by the failure of Contractor to
exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in
the construction drawings; and (3) equipment necessarily idled during such work. Contractor
shall not be assessed liquidated damages for delay caused by failure of City to provide for
removal or relocation of such utility facilities.
3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules
and regulations in furnishing or using equipment and/or providing services, including, but not
limited to, emissions limits and permitting requirements imposed by the California Air Resources
Board (GARB). Although GARB limits and requirements are more broad, Contractor shall
specifically be aware of their application to "portable equipment", which definition is considered
by GARB to include any item of equipment with a fuel-powered engine. Contractor shall
indemnify City against any fines or penalties imposed by GARB, or any other governmental or
regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.8.9 State Recycling Mandat es. Contractor shall comply with State
Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be
61147.02100\2 0 98 0503.2 9
feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or
recycling.
3.9 Completion of Work. When Contractor determines that it has completed the
Work required herein, Contractor shall so notify City in writing and shall furnish all labor and
material releases required by this Contract. City shall thereupon inspect the Work. If the Work
is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions
or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it
has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by
the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract
Price remaining to be paid, less any amount which City may be authorized or directed by law to
retain. Payment of retention proceeds due to Contractor shall be made in accordance with
Section 71 07 of the California Public Contract Code.
3.10 Claims : Government Code Claim Compliance.
3.1 0.1 Claims of $375 ,000 or Less. Notwithstanding any other provision herein,
claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution
procedures set forth in California Public Contract Code §§ 20104, et seq.
3.1 0.2 Third Party Claims. Pursuant to Public Contract Code Section 9201, the
City shall provide Contractor with timely notification of the receipt of any third-party claim,
relating to the Contract. The City is entitled to recover its reasonable costs incurred in providing
such notification.
3.1 0.3 Government Code Claims. In addition to any and all contract
requirements pertaining to notices of and requests for compensation or payment for extra work,
disputed work, claims and/or changed conditions, Contractor must comply with the claim
procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against
the City. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved after all
procedures pertaining to extra work, disputed work, claims, and/or changed conditions have
been followed by Contractor. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor
shall be barred from bringing and maintaining a valid lawsuit against the City.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall
be responsible for all loss and damage which may arise out of the nature of the Work agreed to
herein, or from the action of the elements, or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the Work until the same is fully completed and accepted
by City. In the event of damage proximately caused by an Act of God, as defined by Section
7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section
3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day
advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
authorized volunteers free and harmless from any and all claims, demands, causes of action,
suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any
61147.02100\2 0980503.2 10
alleged acts, errors or om1ss1ons, or willful misconduct of Contractor, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of the
Contractor's services, the Project or this Agreement, including without limitation the payment of
all consequential damages, expert witness fees and attorneys' fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782,
Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury
to persons, injury to property, or any other loss, damage or expense arising from the sole or
active negligence or willful misconduct of the City or the City's agents, servants, or independent
contractors who are directly responsible to the City, or for defects in design furnished by those
persons.
3.12.2 Additional Indemn ity Obl igations. Contractor shall defend, with
counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officilas, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor
shall also reimburse City for the cost of any settlement paid by City or its officials, employees,
agents and authorized volunteers as part of any such claim, suit, action or other proceeding.
Such reimbursement shall include payment for City's attorney's fees and costs, including expert
witness fees. Contractor shall reimburse City and its officials, employees, agents and
authorized volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
employees, agents and authorized volunteers.
3.13 Insurance.
3.13.1 T ime for Compliance. Contractor shall not commence Work under
this Contract until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Contractor shall not allow any subcontractor
to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requ irements. Contractor shall, at its expense, procure
and maintain for the duration of the Contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Work
hereunder by Contractor, its agents , representatives, employees or subcontractors. Contractor
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Contract. Such insurance shall meet at least the following minimum levels of
coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services
Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage
for operations of designated contractor); (2) Automobile Liability: Insurance Services Office
Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance. Policies shall not contain exclusions
contrary to this Contract.
61147.02100\20980503.2 11
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with a
general aggregate limit is used including, but not limited to, form CG 2503, either the general
aggregate limit shall apply separately to this Contract/location or the general aggregate limit
shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident
for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability:
Workers' compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and
each employee bodily injury or disease. Defense costs shall be available in addition to the
limits. Notwithstanding the minimum limits specified herein, any available coverage shall be
provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements (amendments) on forms supplied
or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liabil ity. (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status using ISO
endorsements CG20 1 0 1 0 01 plus CG20 37 1 0 01, or endorsements providing the exact same
coverage, with respect to the Work or operations performed by or on behalf of Contractor,
including materials, parts or equipment furnished in connection with such work; (2) all policies
shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained
by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to
any person named as an additional insured pursuant to this Contract, and Contractor agrees to
waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance
as respects the City, its officials, employees, agents and authorized volunteers, or if excess,
shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its officials, employees,
agents and authorized volunteers shall be excess of Contractor's insurance and shall not be
called upon to contribute with it.
3.13.3.2 Automobile Li ab ility. (1) Such policy shall give the City, its
officials, employees, agents and authorized volunteers additional insured status with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall
waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the
Contractor or any insurer by virtue of payment of any loss or any coverage provided to any
person named as an additional insured pursuant to this Contract, and Contractor agrees to
waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance
as respects the City, its officials, employees, agents and authorized volunteers, or if excess,
shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its officials, employees,
agents and authorized volunteers shall be excess of Contractor's insurance and shall not be
called upon to contribute with it in any way.
3.13.3.3 Workers' Compensati on and Emolove r's Liabi lity
Cove rage. The insurer shall agree to waive all rights of subrogation against the City, its officials,
employees, agents and authorized volunteers for losses paid under the terms of the insurance
policy which arise from work performed by Contractor.
61147.02100\20980503.2 12
3.13.3.4 All Coverages. Each insurance policy required by this
Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (2) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations . All insurance
required by this Section shall contain standard separation of insureds provisions. In addition,
such insurance shall not contain any special limitations on the scope of protection afforded to
the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Contractor shall
guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officials, employees, agents and
authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee
acceptable to the City guaranteeing payment of losses and related investigation costs, claims
and administrative and defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and
satisfactory to the City. Exception may be made for the State Compensation Insurance Fund
when not specifically rated.
3.13. 7 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Contract on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms supplied or approved by the City. All certificates and endorsements must be received and
approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of
this Section before commencing Work. Contractor shall furnish separate certificates and
endorsements for each subcontractor. Subcontractor policies of General Liability insurance
shall name the City, its officials, employees, agents and authorized volunteers as additional
insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All
coverages for subcontractors shall be subject to all of the requirements stated herein except as
otherwise agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition
to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with
the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by
City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Contract a Payment Bond in an amount
required by the City and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until the bond has been received and approved by the City.
61147.02100\20980503.2 13
3.14.2 Performance Bond. If specifically requested by City in Exhibit "C"
attached hereto and incorporated herein by reference, Contractor shall execute and provide to
City concurrently with this Contract a Performance Bond in an amount required by the City and
in a form provided or approved by the City. If such bond is required, no payment will be made
to Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions. Should, in City's sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
effected bond within (ten) 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at
least ten (10) days prior to expiration of the original bonds. No further payments shall be
deemed due or will be made under this Contract until any replacement bonds required by this
Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased
in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of
the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such
increase to the City. If Contractor fails to furnish any required bond, the City may terminate the
Contract for cause.
3.14.4 Surety Qualifications . Only bonds executed by an admitted surety
insurer, as defined in California Code of Civil Procedure Section 995 .120, shall be accepted. If
a California-admitted surety insurer issuing bonds does not meet these requirements, the
insurer will be considered qualified if it is in conformance with Section 995.660 of the California
Code of Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes
of this Section shall be deemed to include unauthorized work which has not been removed and
any non-confonning materials incorporated into the Work) to be of good quality and free from
any defective or faulty material and workmanship. Contractor agrees that for a period of one
year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the Work,
whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after
being notified in writing by the City of any defect in the Work or non-conformance of the Work to
the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms
of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the
City in response to an emergency. In addition , Contractor shall, at its sole cost and expense,
repair and replace any portions of the Work (or work of other contractors) damaged by its
defective Work or which becomes damaged in the course of repairing or replacing defective
Work . For any Work so corrected, Contractor's obligation hereunder to correct defective Work
shall be reinstated for an additional one year period, commencing with the date of acceptance of
such corrected Work. Contractor shall perform such tests as the City may require to verify that
any corrective actions, including, without limitation, redesign, repairs, and replacements comply
with the requirements of the Contract. All costs associated with such corrective actions and
testing, including the removal, replacement, and reinstitution of equipment and materials
necessary to gain access, shall be the sole responsibility of Contractor. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of
the City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such warranties
and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform
its obligations under this Section, or under any other warranty or guaranty under this Contract,
to the reasonable satisfaction of the City, the City shall have the right to correct and replace any
61147.02100\20980503.2 14
defective or non-conforming Work and any work damaged by such work or the replacement or
correction thereof at Contractor's sole expense . Contractor shall be obligated to fully reimburse
the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor's Labor Certification. By its signature hereunder, Contractor
certifies that he is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Work. A certification form for this
purpose, which is attached to this Contract as Exhibit "D" and incorporated herein by reference,
shall be executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other
interests protected by the State or Federal Constitutions. Such non-discrimination shall include,
but not be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility. By executing this Contract,
Contractor verifies that it fully complies with all requirements and restrictions of state and federal
law respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
3.17 General Provisions .
3.17 .1 Citv's Representative. The City hereby designates the General Manager,
or his or her designee, to act as its representative for the performance of this Contract ("City's
Representative"}. City's Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Contractor shall not accept direction or orders from any person
other than the City's Representative or his or her designee.
3.17.2 Contractor 's Representative. Before starting the Work, Contractor shall
submit in writing the name, qualifications and experience of its proposed representative who
shall be subject to the review and approval of the City ('"Contractor's Representative"}.
Following approval by the City, Contractor's Representative shall have full authority to represent
and act on behalf of Contractor for all purposes under this Contract. Contractor's
Representative shall supervise and direct the Work, using his best skill and attention, and shall
be responsible for all construction means, methods, techniques, sequences and procedures and
for the satisfactory coordination of all portions of the Work under this Contract. Contractor's
Representative shall devote full time to the Project and either he or his designee, who shall be
acceptable to the City, shall be present at the Work site at all times that any Work is in progress
and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency
Work which may be required. Should Contractor desire to change its Contractor's
Representative, Contractor shall provide the information specified above and obtain the City's
written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either
with our without cause, by giving Contractor three (3} days advance written notice. In the event
61147.02100\20980503.2 15
of termination by City for any reason other than the fault of Contractor, City shall pay Contractor
for all Work performed up to that time as provided herein. In the event of breach of the Contract
by Contractor, City may terminate the Contract immediately without notice, may reduce payment
to Contractor in the amount necessary to offset City's resulting damages, and may pursue any
other available recourse against Contractor. Contractor may not terminate this Contract except
for cause. In the event this Contract is terminated in whole or in part as provided, City may
procure, upon such terms and in such manner as it may determine appropriate, services similar
to those terminated. Further, if this Contract is terminated as provided, City may require
Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials
or other matter prepared or built by Contractor in connection with its performance of this
Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning
or import of any of the provisions of this Contract or written or oral instructions from City, the
matter shall be referred to City's Representative, whose decision shall be binding upon
Contractor.
3.17 .5 Anti-Trust Claims. This provision shall be operative if this Contract is
applicable to California Public Contract Code Section 7103.5. In entering into this Contract to
supply goods, services or materials, Contractor hereby offers and agrees to assign to the City
all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with
Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from
purchases of goods, services, or materials pursuant to the Contract. This assignment shall be
made and become effective at the time the City tender final payment to Contractor, without
further acknowledgment by the Parties.
3.17 .6 Notices. All notices hereunder and communications regarding
interpretation of the terms of the Contract or changes thereto shall be provided by the mailing
thereof by registered or certified mail, return receipt requested, postage prepaid and addressed
as follows:
CONTRACTOR:
CITY:
TAYLOR TENNIS COURTS, INC.
31441 Santa Margarita Pkwy #A-158
Rancho Santa Margarita, CA 92688
Attn: Jim Taylor, President
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and addressed to the Party at the above address. Actual
notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
3.17. 7 Time of Essence. Time is of the essence in the performance of this
Contract.
61147.02100\20980503.2 16
3.17 .8 Assign ment Forbidden. Contractor shall not, either voluntarily or by
action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by
Contractor herein without the prior written consent of City. If Contractor attempts an assignment
or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option,
terminate and revoke the Contract and shall thereupon be relieved from any and all obligations
to Contractor or its assignee or transferee.
3.17 .9 No Third Party Benefi ciaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws . Venu e . and Attorneys ' Fees. This Agreement shall be
interpreted in accordance with the laws of the State of California. If any action is brought to
interpret or enforce any term of this Agreement, the action shall be brought in a state or federal
court situated in the County of Orange, State of California.
3.17.11 Coun te rpart s. This Contract may be executed in counterparts,
each of which shall constitute an original.
3.17 .12 Successors. The Parties do for themselves, their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the provisions
contained in this Contract.
3.17.13 Bonds. Within ten (10) calendar days from the date the
Contractor is notified of award of the Contract, the Contractor shall deliver to the City four
identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the
City and included as Exhibit "F" to the Contract. Failure to do so may, in the sole discretion of
City, result in the forfeiture of Contractor's bid security. The surety supplying the bond must be
an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to
do business as such in the State of California and satisfactory to the City. The Performance
Bond and the Payment Bond shall be for one hundred percent ( 1 00%) of the Total Contract
Price.
3.17.14 Solicitation. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Contract. For
breach or violation of this warranty, City shall have the right to terminate this Contract without
liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Contract, no director, official, officer or employee of City, during the
term of his or her service with City, shall have any direct interest in this Contract, or obtain any
present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file,
or to cause its employees or subcontractors to file, a Statement of Economic Interest with the
City's Filing Officer as required under state law in the performance of the Work.
6 1147.02100\209 80 5 03 .2 17
3.17.16 Certification of License.
3.17 .16.1 Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor's license of the classification indicated below
under Contractor's signature.
3.17 .16.2 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 (4) years of the date of the alleged violation. A complaint regarding a latent act or omission
pertaining to structural defects must be filed within ten (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.
3.17.17 Authoritv to Enter Contract. Each Party warrants that the
individuals who have signed this Contract have the legal power, right and authority to make this
Contract and bind each respective Party.
3.17 .18 Entire Contract; Modification. This Contract contains the entire
agreement of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Contract may only be modified by a writing
signed by both Parties.
3.17.19 Non -Wa iver. None of the provisions of this Agreement shall be
considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City 's Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project or other projects.
[SIGNATURES ON NEXT PAGE]
61147.02100\20980503.2 18
SIGNATURE PAGE FOR CONSTRUCTION CONTRACf
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND TAYLOR TENNIS COURTS INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 19th
day of April, 2016.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Pam Patterson, Esq.
Mayor
Date
Attested By:
Maria Morris, City Clerk
61147.02100\24564820.1
TAYLOR TENNIS COURTS, INC.
;flr~ , }:.VV"e~ 1&<-)/,v
Name
Pe~-
Title
Date
Contractor License Classification: c -6 (
Contractor License #
19
EXHIBIT "A"
SERVICES I SCHEDULE
The work to be performed under this contract includes the furnishing of all labor, materials,
equipment, transportation and services necessary for the installation of a 10 foot high open mesh
green polypropylene wind-screen with center reinforcing tape and box wind holes every 10 feet
on center, around two tennis courts on four sides and resurfacing of two tennis courts, two
basketball courts and one soccer court at Camino Capistrano Athletic Arena. Tennis, Basketball
and soccer courts resurfacing material shall be Nova Sports Products Manufactured by Nova
Sports USA or Approved Equal. Work also includes replacement of bent net post at the tennis
courts, painting of all net posts to match existing color. For the basketball courts install new nets
and paint all posts.
Tennis Courts colors shall be Stadium Blue with Grass Green surround and titanium white
stripes. Basketball Courts color shall match existing colors. Soccer Court color shall be grass
green with titanium white striping. Work for the soccer court also includes removal of
existing turf and padding, removal of residual glue on concrete, filling/repair any cracks in
the surface, filling any bird bath, leveling, smoothing and preparation of existing surface to
receive Nova Sports resurfacing materials. The detail specifications shall be followed exactly.
Any concerns or issues related to the Contractor's ability te exactly follow the specifications
shall be brought to the attention of the City's Project Manager and resolved prior to
commencement of work in that particular area. All materials required to complete the work shall
be the responsibility of the Contractor. Contractor shall furnish all supplies, labor, trucks,
equipment, disposal costs and supervision necessary to perform said work as described in the
Standard Specifications, General and Special Conditions, Detail Specifications and contract
documents provided herein:
Work will be performed between the hours of7:30 a.m. and 5:00p.m., Monday through Friday.
Absolutely no work is permitted on Saturdays, Sundays, or Federal Holidays unless approved in
advance in writing by the City.
Contractor shall be responsible for protecting all adjacent utilities during work. Any damage to
utilities resulting from Contractor's actions or omissions shall be the responsibility of the
Contractor.
61147.02100\20980503.2 20
EXHIBIT "B"
PLANS AND SPECIFICATIONS
PRODUCTS SPECIFICATIONS :
T E NN IS , BASKET BALL AND SOCCER COURT RESURFACING
1. SUBMITTALS:
Submit data, manufacturer's instructions and specifications for the following products:
• Wind Screen (submit samples for approval prior to purchase)
• Soccer Court turf and Padding (submit samples and products specifications for
approval prior to purchase) (Alternate Bid Item)
• Nova Bond
• Novasurface Acrylic Resurfacer
• Novacrylic Combination Surface with colors Stadium Blue & Grass Green (Tennis
Courts). Batch numbers will need to be recorded when delivered to the site
• NovaPiay (Basketball Courts) (Color to match existing color)
• Novatex Titanium White line paint or Approved equal
• Nova Seal A Line or Approved equal
2. QUALITY ASSURANCE:
• Conform to temperature range for application of products .
• Obtain materials from same source and maintain high degree of consistency in
workmanship throughout project.
• Use same batch number on any given coat to achieve uniform color. If different
batch is used then batches will be mixed together to generate enough material to
spread color coat with uniform consistency. Batch Numbers of unopened
containers will be reviewed by Project Inspector prior to application.
• Installer Qualifications: resurface materials shall be applied by firm with a minimum
of five years' experience with work of similar scope and quality.
3. DELIVERY, STORAGE AND HANDLING:
A. Comply with manufacturer's instructions.
4. PROJECT SPECIAL CONDITIONS:
All the following items shall be addressed and incorporated into the resurfacing of the
Tennis and Basketball Courts:
61147.02100\20980503.2 21
• Pressure wash -Pressure wash courts surface with a 25 degree nozzle angle at
2500 PSI.
• Flood the play surface to detect ponds, some swales may need a 10 foot
straight edge to aid in the detection of areas that are currently providing a tricky
play area for users and will need to be addressed (removed if possible or
minimized at a minimum).
• Cracks -Clean thoroughly and fill all cracks with Novabond® crack filler. Primer
areas with a diluted mixture of Novabond prior to filling according to
Manufacture's specifications.
• Perimeter cracks -Protect concrete where asphalt paving meets concrete.
Concrete is to remain clean and free of resurfacing materials . Dress edges and
fill cracks to provide clean edge.
• Birdbaths & Swales -Use Novabond to fill birdbaths and swales deeper than a
nickel and also to smooth divots in the finish as needed to provide a flat finish
after the final coats. Use recipe as provided by manufacture. A 1 0' straight edge
shall be used to determine areas deeper than a nickel (U.S. coin.) All areas that
are deeper than a nickel will be filled and smoothed to provide uniform play
surface. "Swales" shall be removed using Novabond patch and primered with
Novasurface.
• Use Nova Acrylic Resurface as a primer over the Nova bond® patch. This· is
done to hide the patch and make the finish coat look better. Apply one coat of
Nova Acrylic Res u rfa ce over t he entire courts su rface. Appli ca t ion to be don e in
accordance with manufacturer's instructions.
• Novacrylic Combination Surface®-T e n nis Courts, Apply two coats of
Novacrylic Combination Surface. Batch numbers vary from batch to batch. Use
the same batch for the complete final coat. If more than one batch is used for any
single coat, then mix the complete coat together and apply as a uniform color in
the coat, apply second coat perpendicular to the first coat without leaving ridges
in either coat. Allow each coat to dry between coats.
• NovaPiay-Bas k e tb all a nd Soccer Cou rts , Apply two coats of NovaPiay. Follow
instructions provided by the manufacture. Batch numbers vary from batch to
batch. Use the same batch for the complete final coat. If more than one batch is
used for any single coat, then mix the complete coat together and apply as a
uniform color in the coat, apply second coat perpendicular to the first coat without
leaving ridges in either coat. Allow each coat to dry between coats.
• Seal A Line® and Novatex® Titanium White line paint (or approved equal.)
Application shall be in accordance with UST A specifications Lines will be taped
and hand painted with Seal-A-Line and Novatex textured line paint.
61147.02100\20980503 .2 22
Nova Sports USA (the Manufacture) recommendations are to be followed and as such
these are incorporated into the specifications along with the above items as the
minimum procedure to follow.
61147.02100\20980503.2 23
TECHNICAL SPECIFICATIONS:
COMBINATION SURFACE SYSTEM
NOVAPLAY SURFACE SYSTEM
1.1 SUMMARY
A. This section is a part of the entire set of Contract Documents and shall be
coordinated with the applicable provisions of the other parts.
B. Related Sections:
1. STANDARDS
All work shall be done in accordance with American Sports Builders Association
(A.S.B.A.).
1 .2 SCOPE OF WORK
A. This specification covers the installation for: 2 Tennis courts and 2 Basketball
courts AND ONE Soccer court at the Camino Capistrano Sports Park
B. All courts shall be cleaned using a stiff bristle broom and gas powered blower or
water based pressure spray unit capable of generating 2500 psi at the nozzle tip,
to remove all dirt and debris.
C. The work to be performed under this specification includes all labor, equipment,
materials and supplies necessary for the installation.
2.1 TENNIS, BASKETBALL and SOCCER COURTS SURFACE MATERIAL
All coatings shall be pure acrylic, containing no asphaltic or tar emulsions, nor any vinyl,
alkyd or non-acrylic resins.
The color system shall be factory-mixed compounds requiring only the addition of water
at the jobsite except for the addition of sand to Novasurface. All materials shall be
delivered to the jobsite in sealed containers with the manufacturer's label affixed.
3.1 APPLICATION
A. Contractors must notify the Project Inspector of all applications, 48 hours prior to
installation.
B. The surface to be coated shall be inspected and made sure to be free of grease,
oil, dust, dirt and other foreign matter before starting work.
C. The surface shall be flooded. Any ponding water remaining that is deep enough
to cover the thickness of a five-cent piece shall be corrected using a patch mix
consisting of Novabond, 50-mesh sand and Portland cement, as per
manufacturer's directions. Depressions must be primed with a 50% dilution of
Novabond and water prior to patching.
D. Application shall proceed only if the surface is dry and clean and the temperature
is at least fifty degrees (50°F) and rising, and the surface temperature is not in
excess of one hundred forty degrees (140°F). Do not apply coatings when rain is
imminent.
61147.02100\20980503.2 24
E. Each coat in this system must dry completely before next application. Between
each coat, inspect entire surface. Any defects should be repaired. Scrape
surface to remove any lumps, and broom or blow off all loose matter.
F. Using a neoprene rubber squeegee, apply one (1) coat of Novasurface acrylic
resurfacer, diluted with one (1) part clean water to two (2) parts Novasurface.
Clean, bagged sand shall be incorporated into the diluted Novasurface at the rate
of five (5) to ten (10) Lbs. per gallon. Sand gradation shall be 50 to 60-mesh.
Allow application to dry thoroughly.
G. Using a neoprene rubber squeegee, apply two (2) coats of Novacrylic
Combination Surface, diluted two (2) parts concentrated material to one (1) part
clean water (colors to be designated by owner). Allow each application to dry
thoroughly. The quantity of water used in diluting these coatings may exceed the
quantity specified by only a small amount and only if coatings are drying too
rapidly. Permission of the owner shall be obtained before adding additional
water.
3.2 LINE MARKINGS
A. Upon completion and acceptance of the tennis surface, this Contractor shall
prepare and paint lines for tennis.
B. All lines are to be applied by painting between masking tape with a paintbrush or
roller, according to U.S.T.A specifications.
C. Prime masked lines with Seal-A-Line, or approved alternate. Allow application to
dry.
D. Paint lines with Novatex textured line paint, or approved alternate. Allow
application to dry.
E. Remove masking tape immediately after lines are dry.
F. Protect adjacent areas and structures (fences, posts, sidewalks, buildings, etc.),
which are not to be coated. In the event that coatings are applied to above,
remove immediately before drying is complete.
3.3 LIMITATIONS
A. Apply coatings only when ambient temperature is 50 degrees F. and rising, and
the surface temperature is not in excess of one hundred forty (140) degrees F.
B. All NOV ACRYLIC coatings are waterborne and cannot cure in cold temperatures
or when subject to moisture. Care should be taken not to apply coatings when
rain is forecast or sudden drop of temperature is expected. Climatic conditions
such as very cool evenings and high dew points dictate that work should be
completed early in the day so the coatings can be exposed to enough warm
sunlight to form a film before sunset. The opposite applies during times of high
heat, low humidity and drying breezes: under these conditions, work very early in
the morning or very late in the day. If the product seems to be drying too fast in
hot weather, mist the pavement with water to make the application easier. Care
must be taken to allow each application to dry thoroughly prior to recoating.
3.4 COMPLETION
61147.02100\20980503.2 25
A. Upon completion, the contractor shall insure proper removal of all construction
debris, surplus materials, empty containers and wash water, and shall leave the
site in a condition acceptable to the owner. The court is to be left secure so as to
prevent vandalism.
B. The contractor shall remove any resurfacing product from concrete and leave
concrete is the same condition as prior to the commencement of the project.
61147.02100\20980503.2 26
EXHIBIT "C"
SPECIAL CONDITIONS
S-1. STANDARD SPECIFICATIONS
The Standard Specifications of the City are contained in the 2015 Edition of the Standard
Specifications for Public Works Construction, as written and promulgated by Public Works
Standards, Incorporated. Copies of these Standard Specifications are available from the Publisher
of Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, California 92081,
telephone (760) 734-1113. The Contractor shall maintain a copy of this book on the job-site at all
times.
The Standard Specifications set forth above will control the general provisions, construction
materials, and construction methods for this contract, except as amended by the Plans, Special
Conditions, or other Contract Documents. The following Special Conditions are supplementary
and in addition to the provisions of the Standard Specifications, unless otherwise noted. ONLY
THOSE SECTIONS REQUIRING ELABORATIONS, AMENDMENTS, SPECIFYING OF
OPTIONS, OR ADDITIONS ARE CALLED OUT.
S-2. REVISIONS TO STANDARD SPECIFICATIONS
Change 1: Contract Termination
"If at any time, in the opinion of the Public Works Director, Contractor fails to supply suitable
equipment, an adequate working force, or material of proper quality, or shall fail in any respect
to prosecute any work with the diligence and force specified and intended in and by the terms of
the Contract, notice thereof in writing shall be served upon him, and should he neglect or refuse
to provide means for satisfactory compliance with the contract, as directed by the Public Works
Director, within the time specified in such notice, the City, in any such case, shall have the
power to terminate all or any portion of the contract.
Upon receiving notice of such termination, Contractor shall discontinue said work or such parts
of it as the City may designate. Upon such termination, the Contractor's control shall terminate
and thereupon the Members of the City Council, or its duly authorized representative, may take
possession of all or any part of the Contractor's materials, tools , equipment, appliances, and
plant, and buy such additional materials and supplies at the Contractor's expense as may be
necessary for the proper conduct of the work and for completion thereof; or may employ other
parties to carry the contract to completion, employ the necessary workmen, substitute other
machinery or materials and purchase the materials contracted for, in such manner as the City
may deem proper; or the Members of the City Council may annul and cancel the contract and re-
let the work or any part thereof. Any excess of cost arising therefrom over and above the
contract price will be charged against the Contractor and his sureties, who will be liable
therefore.
In the event of such termination, all money due the Contractor retained under the terms of this
contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the
61147.02100\20980503.2 27
sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited
with the amount of monies so forfeited toward any excess of cost over and above the contract
price, arising from the suspension of the operation of the contract and the completion of the work
by the City as provided above, and the Contractor will be credited with any surplus remaining
after all just claims for such completion have been paid."
Change 2:Section 7-13-Laws to be Observed
Add: "All contractors and subcontractors shall comply with all sections of the Municipal
Code of the City, especially Section: 6-3.06(b), (c), (d) and (e) and shall secure the services of
the City's exclusive solid waste hauler for their solid waste handling needs."
Change 3:Section 2-9.3 -Survey Services
The Contractor will perform and be responsible for the accuracy of survey adequate for
construction. If any construction survey stakes are lost or disturbed and need to be replaced,
such replacement shall be by the Contractor at his expense.
Change 4:Section 7-10.2-Storage ofEguipment and Materials in Public Streets
Construction equipment and materials shall not be stored in streets, roads, highways or public
right-of-way. All materials or equipment not installed or used in construction within the daily
work period shall be stored elsewhere by the contractor at its expense.
Construction equipment shall not be stored at the work site before its actual use on the work.
S-3. TERMS DEFINED
Whenever in the said Standard Specifications the following terms are used, it is hereby provided
that the following City departments or person shall be intended:
AGENCY shall mean City of San Juan Capistrano whenever appropriate.
BOARD shall mean the City Council of the City of San Juan Capistrano.
ENGINEER shall mean City Engineer and Utilities Director or other person(s)
designated by same.
S-4. FLOW AND ACCEPTANCE OF WATER
Surface or Dther waters may be encountered at various times during construction. The
Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from
surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of
the Contractor to protect his work from danger due to any waters encountered. Should any
damage to the work due to surface or other water occur prior to acceptance of the work by the
City, the Contractor shall repair such damage at his expense.
61147.02100\20980503.2 28
S-5. WATER
Water will be available from the City. Arrangements for temporary construction water services
permit and water service may be made by contacting the City Utilities Department at (949) 487-
4300 one week prior to need for service. Use of water shall be limited to construction related
activities exclusively. Contractor is highly encouraged to conserve water. If City identifies abuse
of water, Contractor will be notified to rectify the situation. If follow-up abuse of water is
identified, then City will start charging the Contractor for water used at regular City rate.
S-6. INSURANCE AND OVERHEAD COSTS
The Contractor shall receive no direct compensation for insurance and overhead (move-in costs,
for example) costs. Accordingly, these costs should be prorated to the appropriate bid items.
S-7. PROTECTION OF PRIVATE PROPERTY
The Contractor must remain within the construction zone to the best of his ability. The
Contractor must protect all existing private property, unless otherwise shown on the plans to be
removed, relocated, or location of improvements require temporary demolition and replacement.
Improvements shall be reconstructed in a timely manner to equal or better than preconstruction
condition and to the satisfaction of the Owner.
S-8. CONSTRUCTION ZONE
Contractor shall protect property and facilities adjacent to the construction zone, and all property
and facilities within the construction zone which are shown on the plans to be protected. After
completion of project, the construction zone shall be clean and in a presentable condition. All
publicly-or privately-owned improvements and facilities shall be restored to their original
condition and location. In the event improvements of facilities are damaged, they shall be
replaced with new materials equal to or better than the original.
Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public
street, way or parking area during performance of the contract work, and Contractor shall
conduct his operations so as not to interfere with the authorized work of utility companies or
other agencies in such streets, way or parking areas.
The Contractor shall be responsible for investigating conditions of available public and private
roads and of clearances, restrictions and other limitations affecting transportation and ingress and
egress to the site of the work.
In an emergency situation, such as a storm event, or when required by the County, Contractor
shall remove all equipment as requested.
S-9. PRE-CONSTRUCTION COORDINATION MEETING
61147.02100\20980503.2 29
Prior to the start of construction, arrangements will be made for a meeting between the
Contractor and the City staff. The purpose of this meeting is to coordinate the activities of the
Contractor within the limits of this contract, review scheduling, discuss resurfacing methods and
clarify inspection procedures. The Contractor will be required to submit a complete schedule
showing the number of working days required to complete each phase of the project. This
schedule shall be approved by the City Engineer prior to the start of construction.
S-10. PROJECT SITE MAINTENANCE
No person shall commence or continue any construction project in the City that causes the
disturbance of existing ground by clearing, grading, saw cutting, or excavating without obtaining a
permit from the City.
The Contractor shall be informed regarding, and shall adhere to, the requirements of the State Water
Resources Control Board and the San Diego Regional Water Quality Control Board (RWQCB). All
work shall be performed in accordance with:
1. The National Pollutant Discharge Elimination System (NPDES) General Permit for Storm
Water Discharges Associated with Construction Activity (General Permit) (when applicable),
Water Quality Order 99-08-DWQ, NPDES No. CAS000002 and subsequent modifications,
which can be found on the internet at:
http://www. waterboards.ca.gov/stormwtr/construction.html
2. The Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal
Separate Storm Sewer Systems (MS4s) Water Quality Order No. R9-2002-0001, NPDES NO.
CAS0108740; and any subsequent modifications thereof;
The following requirements shall apply to all projects undergoing construction in the City. The
requirements set forth below shall apply at the time of demolition of an existing structure or
construction.
1. The Contractor shall implement an effective combination of erosion and sediment controls,
waste and materials management controls, and other BMPs, as required to minimize transport of
pollutants from the site to streets, drainage facilities or adjoining property by wind or runoff, to
the maximum extent practicable.
2. If the Engineer determines that the Contractor's measures are not adequate, the Contractor shall
provide whatever additional measures are required to achieve compliance.
3. The Contractor shall designate a qualified person who is trained and competent in the use of
Best Management Practices (BMP's) and who shall be on the site daily, although not
necessarily full time, to evaluate the conditions of the site with respect to storm water pollution
prevention. This person shall ensure the implementation of the conditions of the City, the
Contract Documents, the City's local water quality ordinance (www.sanjuancapistrano.org), and
other State and local regulations and ordinances with respect to control of erosion, sediment and
61147.02100\20980503.2 30
other forms of water pollution, as well as other waste management regulations. Further, this
person shall be responsible for monitoring weather and implementation of any emergency plans
as needed. The weather shall be monitored on a five-day forecast plan and a full BMP
protection plan shall be activated when a 40% chance of rain is forecasted. This person shall
also be responsible for overseeing the general project operations and evaluating the
effectiveness of the BMP's. This person shall modify the BMP's as necessary to keep the
project site in compliance. This person or other designated site management staff shall be
responsible to inspect the BMP's routinely and ensure maintenance measures are implemented.
4. The Contractor shall educate all employees, subcontractors, and suppliers about storm water
BMPs and water pollution controls required during various construction activities to prevent the
impact of construction discharges. The Contractor shall ensure that all personnel are trained in
basic urban runoff management. A list of attendees and copies of the educational materials shall
be kept on file at the site and submitted to the Engineer at the conclusion of each training
session, upon request.
5. The Contractor shall protect with BMPs, such as gravel bags and filter fabric or other BMP
approved by the City, all new and existing storm water conveyance system structures and other
facilities from sedimentation or other related construction debris and discharges, or by any other
equal product that is approved by the Engineer.
6. No washing of construction or other industrial vehicles shall be allowed adjacent to a
construction site. No water from washing vehicles on a construction site is allowed to run off
into the City's storm drain system, including the streets and gutters.
7. The Contractor shall prevent any discharge of concrete rinse water, saw cutting and cold milling
materials, and other pollutant into a stormwater conveyance facility with physical barriers.
Polluted discharges are prohibited from entering the storm drain system, including the streets
and gutters.
8. Any sediment or other materials, which are not retained on the site, shall be removed the same
day prior to leaving the site. Where determined necessary by the Engineer or his or her
designated representative, a temporary sediment barrier shall be installed.
9. On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise
unprotected area, along with runoff devices to intercept and effectively convey the runoff to the
storm drain system after elimination of contaminants. These measures cannot be used for
duration longer than 48 hours unless specifically approved by the City.
10. Drainage controls shall be utilized at all project locations. Nuisance flow resulting from
landscaping and irrigation runoff (if applicable) shall be retained on-site the extent of proposed
construction activities.
11. Contractor shall refer to and be familiar with the most recent edition of the Construction BMP
Handbook, produced and published by the California Stormwater Quality Association at
www.caBMPhandbooks.com . This document can be used for specific guidance on selecting
61147.02100\20980503.2 31
best management practices for reducing pollutants in storm water discharges from construction
activities.
12. Littering. No person shall throw, deposit, place, leave, maintain, keep or permit to be thrown,
deposited, placed, left or maintained or kept, any refuse, rubbish, garbage, broken concrete, or
any other discarded or abandoned, articles or accumulations, in or upon any street, alley,
sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon
any public or private plot of land in the City, so that the same might be or become a pollutant,
except in containers, recycling bags, or other lawfully established waste disposal facilities.
13. At least 24 hours in advance of any storm event where the probability of rain is 40 percent
or greater, all BMPs that are installed in the curb and gutter, in front of or on a storm
drain catch basin, or around storm drain drop inlets are to be removed to prevent
blocking of any storm drain or impede drainage. This does not relieve the Contractor's
obligation to prevent silt, sediment, or any other pollutant from entering the storm drain
system as a result of work activities.
14. During the dry season (May 1 through September 30 each year), the Contractor shall inspect at
least weekly all pollutant control measures installed to mitigate construction activities during the
dry season. For the duration of the project, the Contractor shall submit, with each progress
payment request, documentation that these pollutant control measures were inspected, including
detailed inspection reports.
15. During the rainy season (October 1st through April 30th each year), the Contractor shall inspect
at least daily all pollutant control measures, and inspect before and after every rain event and
every 24 hours during any prolonged rain event. The Contractor shall implement special
maintenance measures as required to meet all requirements at Contractor's expense. At the
conclusion of any rain event, the Contractor shall immediately repair all pollutant control
measures. For the duration of the project, the Contractor shall submit, with each progress
payment request, documentation that these pollutant control measures were inspected, including
detailed inspection reports, and a list ofBMP's that were found to be inadequate.
16. The Contractor shall perform routine maintenance of all pollution control measures
continuously for the duration of the project. The Contractor shall implement special
maintenance measures before and after every rain event and every 24 hours during any
prolonged rain event. The Contractor shall maintain and repair all pollutant control measures as
soon as possible after the conclusion of each rain event as worker safety allows. For the
duration of the project, the Contractor shall submit, with each progress payment request,
documentation that these pollutant control measures were maintained, including detailed
inspection reports, work orders on daily routine work and special maintenance work that was
performed, and a list ofBMP's that were found to be inadequate.
The Contractor shall monitor the project site for unmitigated non-stormwater discharge 24 hours per
day, 7 days a week, throughout the duration of the project construction. If an unmitigated non-
stormwater discharge leaves the project site at any time, the Contractor shall immediately stop all
the activity causing the discharge and mitigate the discharge. The Contractor shall also immediately
61147.02100\20980503.2 32
notify the Engineer of the discharge. As soon as practical, any and all waste material, sediment,
debris or other pollution from any discharge shall be removed from the drainage system by the
Contractor. The Contractor shall adhere to reporting requirements as identified in the General
Permit for Construction Water Quality Order 99-08-DWQ, NPDES No. CAS000002.
Whenever an authorized inspector has reasonable cause to believe that there exists on the
construction site any condition, which constitutes an impact to human or environmental health (as
defined in the City's stormwater program), or if Contractor is notified of required corrections and
does not correct in the amount of time provided and/or violation of the provisions of the
requirements herein, the permit will cause to be in effect, and all construction works on the site shall
be terminated at the Contractor's expense. The Contractor shall conform to all Stormwater control
BMPs designated by the Engineer, in accordance with the recommendations and specifications set
forth in the Stormwater NPDES, and as outlined herein in this Contract Document.
S-11. JOBSITE SAFETY
Contractor acknowledges responsibility for jobsite safety and acknowledges that the engineer
will not have any such responsibility. To the fullest extent permitted by law the contractor shall
indemnify, defend and hold the City and employees from and against all claims, damages, losses
and expenses, including but not limited to attorney fees and claim costs, arising out of or
resulting from performance of work by the contractor, its subcontractors, or their agents and
employees, which results in damage to persons or property including wrongful death regardless
of whether or not such claim, damage, loss or expense is caused in whole or in part by the
negligence, active or passive, of the City and employees, excepting only the sole negligence of
the City and employees.
S-12. PROSECUTION OF WORK
There should be no period that roadways are not available. All work phases will be cleaned up
daily. The street shall be in good condition over the weekends. Prior to commencing work on this
project, the contractor shall submit to the Engineer for approval a plan and schedule of
construction which will allow the least inconvenience to the public.
Submittals -Prior to start of work, the Contractor shall submit product detais, data and
specifications for City Engineer's approval per Standard Specifications for Public Works
Construction "The Green Book".
S-13. HOURS OF WORK
The City construction work hours are:
Monday through Friday:
Saturday:
Sunday:
Federal Holidays:
7:30 a.m.-5:00p.m.
None
None
None
S-14. CLEARING AND GRUBBING
61147.02100\20980503.2 33
Clearing and Grubbing shall be performed in conformance with the provisions of Section 300-1
of the Standard Specifications and these Special Conditions.
The Cost for the operations outlined in said section and those items of work listed below shall be
deemed as included in the other items of work involved or the indicated price said for "clearing
and grubbing," if specified, and no additional compensation shall be allowed therefore.
Measurement and Payment -"Clearing and Grubbing" will be paid for at the Contract Lump
Sum Price. The lump sum price shall be considered full compensation for furnishing all labor,
materials, tools, equipment, apparatus and incidentals for doing all work required as specified
and no additional compensation shall be made therefore.
S-15. PUBLIC NOTIFICATION
The Contractor shall provide advance notification to all affected properties fourteen days in
advance of actual start of work.
Measurement and Payment-Public Notification will not be measured and paid for directly,
but shall be considered as a subsidiary obligation of the Contractor with costs included in the
prices bid for the items to which they apply. Public Notification shall include furnishing all
labor, materials, tools, transportation, signs, sign support structures, equipment and incidentals
necessary to carry out the work as specified, and no additional compensation shall be made
therefore.
S-16. TRAFFIC CONTROL
General
Detours, signs and barricades used for handling traffic shall conform to the requirements of latest
edition of the "Work Area Traffic Control Handbook" (WATCH), the California Manual on
Uniform Traffic Control Devices (CA MUTCD) latest edition and these Special Conditions.
Wo rking Hours
The Contractor's activities shall be confined to the following hours :
• From 7:30 a.m. to 5:00 p.m., Monday through Friday, within work areas. No lane
closures will be permitted .
Deviation from these hours/days shall not be permitted without the prior consent of the Engineer,
except in emergencies involving immediate hazard to persons or property, or as specified
otherwise.
S-17. REMOVAL AND DISPOSAL OF MATERIALS
61147.02100\20980503.2 34
Removal and disposal of materials shall conform to the provisions m Subsection 300-1.3,
"Removal and Disposal ofMaterials," of the Standard Specifications.
The Contractor shall comply with the requirements set forth in Section 7-10.2, "Storage of
Equipment and Materials in Public Streets," of the Standard Specifications for storage of
materials in public streets.
The Contractor shall take all necessary measures in order to avoid the nuisance of excessive dust
resulting from the process of breaking, reconstructing and removing any materials on the project
site. Such measures shall be employed for the duration of the contract work. Refer to Section 7-
8.1 of the Standard Specifications.
Measurement and Payment -Full compensation for conforming to the requirements of this
item shall include all labor, materials, tools and equipment necessary to carry out the work as
specified. This work shall be considered as included in various items of work. No additional
compensation will be allowed.
61147.02100\20980503.2 35
EXHIBIT 11 0"
CERTIFICATION
LABOR CODE -SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of the
Code, and I, the undersigned Contractor, agree to and will comply with such provisions before
commencing the performance of the Work on this Contract.
TAYLOR TENNIS COURTS INC.
By: 0 ·3c?
pgnature •
J~~ ~k--
Name (Print)
Title (Print)
•
-36-
6114?.02100\20980503.2
EXHIBIT "E"
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
If this bid is due on or after March 1, 2015, then pursuant to Labor Code sections 1725.5 and
1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter
into a contract to perform public work must be registered with the Department of Industrial
Relations. See http:/ /www.dir.ca.gov/Public-Works/Public Works.html for additional
information.
No bid will be accepted nor any contract entered into without proof of the contractor's and
subcontractors' current registration with the Department of Industrial Relations to perform public
work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor
Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department
of Industrial Relations.
Name of Contractor: ~), r r; ~ ""; :; f':~~
DIR Registration Number: / DD 000 72 Z 9'
Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the
project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and
1771.1 in its contract with subcontractors and ensure that all subcontractors are
registered at the time of bid opening and maintain registration status for the
duration of the project.
3. Failure to submit this form or comply with any of the above requirements may
oosult in a finding that the bid is non-responsive.
Signature: -~ ~1'
t:,/ \ ---7JL _r.-I .o
Name and Title: ~-e 5 le-v; (e;r ' r t' S
Dated: __ _3_-,__( Y_-_/_t ___ _
61147.02100\24564820.1 37
EXHIBIT "F"
PAYMlliNTANDPERFORMANCEBONDS
61147.02100\20980503.2 38
Project Location
.~.
Mission Basilica
San Juan Capistrano
~
1\cjachema Sl
~ Capistrano-laguna
~ Beach ROP
Mission Basilico School
ATTACHMENT 2