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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