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CC AG PKT 2009-10-12 #F
~4GEfV®A STAFF REPORT' DATE: October 12, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS FOR TENNIS COURTS RESURFACING PROJECT SG1004 SUMMARY OF REL~UEST: City Council is asked to approve plans and specifications for the Tennis Courts Resurfacing Project No. BG1004 and authorize staff to solicit for bids. SACICGROUND: Staff has analyzed the surface condition of all the tennis courts at Seal Beach Tennis Center, Last year, four of sixteen tennis courts were resurfaced and this year the remaining twelve tennis courts will be completed. The asphalt tennis courts are in a state of disrepair with numerous holes, cracks, and depressions. They have deteriorated over the years and do not provide an acceptable playing surface. This project will also include furnishing and installation of windscreens throughout the tennis court facility. The specifications have been completed and approved by the City Engineer and staff is ready to solicit for bids. FINANCIAL IMPACT: In the 2009/10 Adopted Budget, $60,000 of General Fund is allocated for this project. The engineer's estimate for construction is $50,000, $5,000 for inspections and $5,000 for contingency totaling to $60,000. RECOMMENDATION: It is recommended City Council approve plans and specifications for the Tennis Cou s Resurf g oject No. BG1004 and authorize staff to solicit for bids. S B ITT NOTED AND APPROVED: 6 Vin a Mastrosimone David Carmany, City Manager Director of Public Works Agenda Item F CITY OF SEAL BEACH ORANGE COUNTY STATE OF CALIFORNIA ~®~t~~ct D®cu~ments ~n~ ~pec~~c~.tg®~~ ~'E1V1VI-~` C'®~JRT-S ~E-~'~JR~'~C~IV~ ~~P No..~~l ®®4 1Vlandatory Pre-Bid 1Vleeting: ®ctober 22, 2009,10:00 am Bid ®pening Date and 'l'ime: November 3, 2009,10:00 am All Request Por Information (RPn shall be submitted to Cesar Rangel by faz: (562) 430-8763 or email: crangel(a~,ci.seal-beach.ca.us prior to ®ctober 29, 2009, 9:OOam. Approved By: Michael Ho, P.E, City Engineer Date These Contract Documents aze the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency. Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740-6379 Il®TD~X T® D®CTJ1VIEl~'I'S Title Section I~TOtice Inviting Sealed Bids A Instructions to Bidders B Proposal C General Provisions D Sub-Section 17 Special Provisions APPENDICIES A. Contract Agreement B. Resurfacing Plan Page i SEC'TI®l~ A l~®'I'ICE I1~TVI'I'Il®TG SEAI~EI~ ~II)S City of Seal Beach California ~'ENNIS C'®URT'S R~SUR14'ACIN~ CIP # BG1004 BIDS MUST BE RECEIVED BY: 10:00 am on Tuesday, November 3, 2009 BIDS TO BE OPENED BY: RFI'S SHALL BE SUBMITTED BY: PLACE OF BID RECEIPT: 10:00 am on Tuesday, November 3, 2009 9:00 am on Thursday, October 29, 2009 City of Seal Beach Office of the City Clerk First Floor 211 8~' Street Seal Beach, CA 90740 NOTICE IS HEREBY GIVEN that the City of Seal Beach, County of Orange, California, will receive up to, but not later than the time set forth above, sealed contract bids for the award of a contract for the above project. All bid proposals shall be made on the proposal forms furnished by the City and placed, together with the accompanying documents and security, in a sealed package marked outside with the title of the project and "TENNIS COURTS RESURFACING" - DO NOT OPEN WITH REGULAR MAIL" and addressed to the City Clerk at the above address in a sealed envelope All bid proposals must comply with the requirements contained in this Notice and in the specifications and other contract documents. All bids in apparent compliance with such requirements shall be opened and publicly read aloud at the above-stated time at the place of bid receipt identified above. Mandatory Pre-Bid Meeting: Attendance at the pre-bid conference is mandatory for submission of a bid. The pre-bid conference is scheduled to be held at Seal Beach Tennis Center located 3900 Lampson Avenue, Seal Beach, California 90740, at 10:00am, on Thursday, October 22, 2009. Bids will not be accepted from Contractors that do not attend the pre-bid meeting. DESCRIPTION OF WORK: Contractor shall furnish all material, labor, services and related items required to complete work indicated on drawings and/or specifications. The items of work to be performed shall include but are not necessarily limited to the completed installation of tennis court surfacing and playing lines. COMPLETION OF WORK: All work shall be completed within 25 WORKING DAYS following the date specified in the written notice to proceed from the City. OBTAWING BID DOCUMENTS: Contract documents for the above-referenced project may be obtained at the Office of the City Engineer, 211 Eighth Street, Seal Beach CA, for anon-refundable fee of $20, or $30 if mailed. No bid proposal will be received unless it is made on the official proposal forms furnished by the City, is accompanied by an executed Non-Collusion Affidavit and is accompanied by cash, a certified or cashier's check payable to the City or a satisfactory bidder's bond in favor of the City executed by the bidder as principal and a satisfactory surety company as surety licensed in the state of California with a rating of B+ or better as stated from time to time by Standard ancLPoors', Moodys', or Bests', in an amount not less than 10% of the bid amount, as provided in Public Contract Code section § 20170 et. seq. Should the bidder to whom the contract is awarded fail to enter into the subject contract, such bid security Page A-1 ,, shall be forfeited pursuant to Public Contract Code section 20172, except as otherwise provided in Public Contract Code section § 20174. LICENSES: At the time of the award of the contract, the successful bidder shall possess a valid Contractor's D-47 OR C-12 license, and shall comply with any applicable City requirements concerning Contractor qualifications. RETENTION SUBSTITUTION: In accordance with Part 5 (Section 22300), Division 2 of the Public Contract Code, a Contractor may substitute securities for retention moneys withheld by a public agency to ensure performance under this contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Seal Beach, or with a state or federally chartered bank, as the escrow agent, who shall then pay such moneys to the Contractor, and upon satisfactory completion of the contract, the securities shall be returned to the Contractor. INSURANCE AND BONDING REQUIREMENTS: The Contractor shall not begin work under the Agreement until it has given the City evidence of comprehensive public liability insurance and Workers' Compensation Insurance coverage together with additional Insured Endorsements. The successful Contractor shall also furnish 2 bonds required by the State Contract Act. Each of the said bonds shall be executed in a sum equal to the contract price. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor, and the other said bond shall secure the payment of claims for labor and material RIGHT OF REJECTION OR WAIVER: The City reserves the right to reject any or all bids or any parts thereof and waive any irregularities or informalities in any bid or in the bidding to the extent permitted by law and to make awards in all or part in the best interest of the City. CITY OF SEAL BEACH Dated: September 2009 Published: October 15.2009 Page A-2 Section ~ I1~1S'~"RUCTI®1~TS 'I'® ~II~I)ElaS FORM OF BID PROPOSAL: Bid proposals shall be made on the bid proposal forms found herein. The bid proposal shall be enclosed in a sealed envelope bearing the name of the bidder and the name of the project as described in the Notice Inviting Sealed Bids. DELIVERY OF BID PROPOSALS: The bid proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Sealed Bids. It is the bidder's sole responsibility to see that his bid proposal is received in proper time. Any bid proposal received after the scheduled closing time for receipt of bid proposals may be returned to the bidder unopened unless an extension has been granted by the City. Bidders or their authorized agents are invited to be present. MODIFICATIONS AND ALTERNATIVE PROPOSALS: Unauthorized conditions, limitations or provisos attached to a bid proposal will render it informal and may be cause for rejection. The complete proposal forms shall be without inter-lineations, alterations or erasures, unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. No oral, telegraphic or telephonic proposals or modifications will be considered. WITHDRAWAL OF BID PROPOSAL: A bid proposal may be withdrawn upon request by the bidder without prejudice to himself prior to the date and time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and is filed with the City Engineer. No bid proposal may be withdrawn for a period of 60 calendar days after the date set for the opening of bid proposals. BIDDER'S SECURITY: In accordance with Public Contract Code section § 20170 et seq., each bid proposal shall be accompanied by cash, a certified or cashier's check payable to the City or a satisfactory bidder's bond in favor of the City executed by the bidder as principal and a satisfactory admitted surety insurer as surety, in an amount not less than 10% of the amount named in the bid. The cash, check or bidder's bond shall be given as a guarantee that the bidder shall execute the contract for the project if it is awarded to bidder in conformity with the Plans, the Specifications, and other Contract Documents, and shall provide the evidence of insurance and furnish the required bonds as specified in the Plans, the Specifications and other Contract Documents, within 15 calendar days after written notice of the award. In case of the successful bidder's refusal or failure to do so, the cash, check or bond, as the case may be, shall be forfeited to the City pursuant to Public Contract Code section § 20172, except as provided in Public Contract Code section § 20174. Under Section § 20174, if the lowest responsible bidder fails or refuses to execute a contract, the City may award it to the next lowest responsible bidder; if it does so, the amount of the lowest bidder's security shall be applied by the City to the difference between the lowest and next lowest bid, and the surplus, if any, shall be returned to the lowest bidder. No bidder's bond will be accepted unless it conforms substantially to the form set forth as required. QUANTITIES APPROXIMATE: Quantities shown on the Bid Sheet, in an estimate included in the Special Provisions, or elsewhere herein shall be considered as approximate only, being listed for the purpose of serving as a general indication of the amount of work or materials to be performed or furnished, and as a basis for the comparison of bids. The City does not guarantee nor agree, either expressly or by implication, that the actual amounts required will correspond with those shown, but reserves the right to increase or decrease the amount of any item or portion of work or material to be performed or furnished or to omit any such item or portion, in accordance with the Plans, the Specifications and other Contract Documents, without in any way invalidating the Contract, should such increase, decrease or omission be deemed necessary or expedient. SUBSTITUTION OF EQUIPMENT: Whenever any material, product, or service identified in the specifications is described by one or more brand or trade names and is followed by the words "or approved Page B-1 equal," the apparent low bidder shall submit data substantiating a request for the substitution of equivalent item(s) within forty-eight (48) hours following bid opening. ADDENDA: The City Engineer may, from time to time, issue addenda to the Plans, the Specifications and/or other Contract Documents during the period of advertising for bids, for purposes of: (a) revising prevailing wage scales, (b) clarifying, correcting or otherwise amending quantities of work under the Plans, the Specifications or other Contract Documents, or (c) for other appropriate purposes. Parties having obtained from the City the bid documents for the project shall be notified of and furnished with copies of such addenda, either by certified mail, fax transmittal, or personal delivery, during the period of advertising at no additional cost. DISCREPANCIES IN PROPOSALS: The bidder shall set forth for each item of work, in clearly legible figures, a unit or line item bid for the item in the respective space provided for this purpose. In case of a discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the "Total" column shall be the unit price. (2) As to unit price items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. In case of discrepancy between words and figures, the words shall prevail. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end each proposal shall be supported by a statement of the bidder's experience on the form entitled "Information Required of Bidder" found herein. No agreement for the work will be executed with a Contractor who is not licensed in accordance with the laws of the State of California under applicable provisions of the Business and Professions Code, and with any applicable specific licensing requirements required by this project as specified in the Contract Documents. The licensing requirements for Contractors shall also apply to subcontractors. BIDDER'S EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Attention is directed to Section 1-B "Examination of Plans, Specifications, Contract, and Site" of the General Provisions of these Contract Documents. DISQUALIFICATION OF BIDDERS: No person, firm, or corporation shall be allowed to make, file or be interested in more than one bid for the same work, unless alternate bids are specifically called for. A person, firm or corporation that has submitted asub-proposal to a bidder, or that has quoted prices of materials to a bidder, is not hereby disqualified from submitting asub-proposal or quoting prices to other bidders or making a prime proposal. If there is a reason to believe that collusion exists among the bidders, all bids will be rejected. RETURN OF BID SECURITY: The successful bidder's security shall be held until the Contract is executed. 'Bidders' security shall be returned to unsuccessful bidders within a reasonable time but not in excess of 60 calendar days after the successful bidder has signed the Contract. AWARD OF CONTRACT: The City reserves the right to reject any or all bid proposals or any parts thereof or to waive any irregularities or informalities in any bid proposal or in the bidding. The award of the Contract, if made, will be to the lowest responsible bidder. Such award will be within sixty (60) calendar days after the opening of the bid proposals, except that the award may be made after said period if the successful bidder has not given the City written notice of the withdrawal of his bid. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code section § 4100 et seq.) A form for this purpose is found herein. Page B-2 EXECUTION OF AGREEMENT: The bidder to whom award of the work is made shall execute a written contract with the City in the form included in these contract documents and shall secure all insurance and bonds as herein provided within fifteen calendar days from the date of mailing of written notice of the award. Failure or refusal to enter into the agreement or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the Agreement within said time, the City may declare the bidder's security forfeited, and it may award the work to the next lowest responsible bidder, or may call for new bids. Where the City awards the work to the next lowest responsible bidder, pursuant to Public Contract Code section § 20174, the amount of the lowest bidder's security shall be applied to the difference between the lowest and next lowest bid and the surplus, if any, shall be returned to the lowest bidder. If the second lowest responsible bidder fails or refuses to execute the contract, the City may award the work to the third lowest responsible bidder pursuant to section § 20174. INSURANCE AND BONDS: The Contractor shall not begin work under the Agreement until it has given the City evidence of comprehensive public liability insurance and Workers' Compensation Insurance coverage together with additional Insured Endorsements. The successful Contractor shall also furnish two (2) bonds required by the State Contract Act. Each of the said bonds shall be executed in a sum equal to the contract price. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor, and the other said bond shall secure the payment of claims for labor and material. TELEPHONES: Bidders are hereby notified that City will not provide telephones for their use at the time of receipt of bids. MATERIAL SUPPLIER: If the firm who is signatory on the Contract is supplying materials only, a payment bond need not be furnished. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed Contract is in doubt as to the true meaning of any part of the drawings, Plans, Specifications or other Contract Documents, or fmds discrepancies in or omissions from such documents, he may submit to the City Engineer a written request for an interpretation or correction. The person submitting the request will be responsible for its prompt delivery. The Contractor shall deliver all requests a minimum of one week before the bid opening. No requests will be accepted or considered after that time. Any interpretation or correction of the Contract Documents will be made only by an Addendum duly issued, and a copy of such Addendum will be mailed or delivered to each person receiving a set of the bid documents. No oral interpretation of any provision in the Contract Documents shall be binding. OTHER REQUEST FOR INFORMATION: Phone calls will not be accepted by the City concerning the project three business days prior to the bid opening. SALES AND/OR USE TAXES: Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, state or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor. CONTRACT DOCUMENTS: The Contract Documents consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, the successful Contractor's bid proposal and bid sheet, Contractor's Industrial Safety Record, Non-Collusion Affidavit, List of Subcontractors, Bidder's Bond to Accompany Proposal, Information Required of Bidder, Bid Security Forms, any and all addenda to the contract documents distributed prior to the bid opening date, Insurance Requirements for the City, Performance Bond, Payment (labor and material) Bond, Worker's Compensation Certification and Certificate of Insurance, Public Works Contract, Warranty Bond (as applicable), Plans, details, standard drawings, applicable permits, notices and affidavits, the Specifications (including the Standard Specifications and the General and Special Provisions), Equal Employment Opportunity Certification, Debarment and Suspension Certification, Non- Lobbying Certification, Disclosure of lobbying Activities, Local Agency Bidder-DBE Information, Federal Contract Provisions, Federal Wage Rates and any and all applicable addenda or supplemental agreements. PLANS AND STANDARD DRAWINGS: The location of the work, the general nature and extent of the work and the forms and details of the various features of the work are shown on the Plans. When referenced in the Contract Documents, Plans shall include the construction plans and standazd drawings. Page B-3 FAIR EMPLOYMENT PRACTICES: The Contractor shall complete and enclose with his bid the compliance report attached to the proposal, stating that the Contractor will pursue an affirmative course of action as required by the affirmative action guidelines. As set forth in Labor Code section § 1735, no discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Government Code section § 12940. Every Contractor for public works violating this provision is subject to all of the penalties imposed for a violation of Labor Code Div. 2, Part 7, Chapter 1. DOCUMENTS TO BE EXECUTED AND SUBMITTED BY EACH BIDDER: / Proposal / Bid Sheet / Contractors' Industrial Safety Record / Non-Collusion Affidavit / List of Subcontractors / Bidder's Bond to Accompany Proposal / Information Required of Bidder / References / All Addenda to Plans & Specifications as issued by Agency prior to bid opening date (if any) DOCUMENTS TO BE EXECUTED AND SUBMITTED BY AWARDEE: / Performance Bond / Labor and Material Bond / Insurance Requirements for City OF SEAL BEACH / Workers' Compensation Certification / All Certificates of Insurance / Public Works Contract / Warranty Bond (as appropriate) / Statement Acknowledging Penal and Civil Penalties Concerning Contractor's License Laws Page B-4 Secti®n C PR®P®SAL Bidders Name TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as bidder, declares that: (1)-this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non-Collusion Affidavit; (2)-bidder has carefully examined the project Plans, Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contract documents and information furnished therefore and the site of the proposed work; and (3)-bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Accompanying this proposal is (Circle one "cash", "a Cashier's Check", "a certified check", or "a Bidder's Bond in the form furnished by the City", as the case may be) in the amount of $ , an amount equal to at least ten percent (10%) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after written notice of the award, the cash, check or bond shall be forfeited to the city in accordance with Public Contract Code section -20172, except as otherwise provided in Public Contract Code section -20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials and supplies for this project in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH, to the satisfaction and under the direction of the City Engineer, at the following prices: The contractor shall perform all work under this contract for a period of thirty-six (36) months. The term of this contract may be extended for two additional one-year terms, at the option of the City starting from the day after the issuance of the Notice to Proceed. Page C-1 Ciltg~ of Seal beach California PROPOSAL. FOR TENNIS COURTS RESURFACING SPECIFICATION NO. BG1004 BID SHEET All Request For Information (RFC shall be submitted to Cesar Rangel by fax: (562) 430-8763 or email: cran~el(a,ci.seal-beach.ca.us prior to October 29, 2009, 9:OOam. Item No. uanti Unit Description 1. 12 EA Furnish and Install -Tennis court resurfacing as specified by manufacturer complete and in place, in the sum of Words, per EA Figures per EA Total (Figures) $ 2. 6 EA Furnish and Install -Vinyl windscreens 60ft. x l Oft. complete and in place, in the sum of Words, per EA Figures per EA Total (Figures) $ 3. 1 EA Furnish and Install -Vinyl windscreens 120ft. x l Oft. complete and in place, in the sum of Words, per EA Figures per EA Total (Figures) $ 4. 3 EA Furnish and Install -Mesh windscreens 20ft. x Eft. complete and in place, in the sum of Words, per EA Figures per EA Total (Fi ures) $ Page C-2 TOTAL BID PRICE (Items #1 through #4) WORDS FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Page C-3 NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re-advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- Class (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Business Address Business Tel. No. Signature Date Title Signature Date Title Signature Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. Page C-4 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address: Telephone and Fax Number: California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: Page C-5 All current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with project owners (public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and outcome. Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. Have you ever been terminated for cause and then had it converted to a "termination of convenience"? If so, explain. For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One 1. By you against the owner? Yes / No 2. By the owner against you? Yes / No Page C-6 3. By any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc..) 4. Yes / No 5. By Subcontractors (Stop Notices, etc.) Yes / No 6. Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Subscribed and sworn to before me By This day of , 20 (print name of Owner or President of Corporation/Company) (Signature of Notary Republic) (Signature) (SEAL) (Title) (Date) (Signature of Secretary of Corporation) Page C-7 REFERENCES: Contractor must use this form!!! Please print or type. Bidders Name FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAYBE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: 1 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 2 Project Name/Number Project Description Approximate Construction Dates Agency Name Contact Person _ Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) From to Page C-8 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 3 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 4 Project Name/Number Project Description Approximate Construction Dates From Agency Name Contact Person Telephone ( ) to Original Contract Amount $ ~ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Page C-9 Project Name/Number Project Description Approximate Construction Dates Agency Name Contact Person From to -Telephone ( )_ Original Contract Amount $ Final Contract Amount $ If fmal amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 6 Proj ect Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Page C-10 Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Page C-11 DESIGNATION OF SURETIES Bidder's name Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Page C-12 ACKNOWLEDGEMENT OF ADDENDA Bidder's name The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature Page C-13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Record Last Five (5) Full Years Current Year of Record Current 2 2 2 2 2 Year of Total Year Record o g 0 7 0 6 0 5 o 4 No. of contracts Total dollar Amount of Contracts (in Thousands of $) No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of em to ent i ne uuormanon requires ror these items is the same as required for columns 3 to 6, Code ] 0, Occupational Injuries, Summary--Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Page C-14 If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. Page C-15 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California )SS. County of being first ~ duly sworn, deposes and says that he or she is of ,the party making the foregoing bid, in accordance with Public Contracts Code Section 7106, declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Project Name: - Legal Business Name of Bidder Business Address Business Tel. No. Signature of bidder Title Date: Signature of bidder Title Date: Subscribed and Sworn to before me on (Notary Seal) Signature Notary Public Page C-16 LIST OF SUBCONTRACTORS TO ACCOMPANY PROPOSAL In compliance with the provisions of Public Contract Code Section-4104, the undersigned bidder submitting this bid proposal sets forth the name, place of business and the portion of the work to be performed by: (1)-each subcontractor who will perform work or labor or render service to the bidder (as general Contractor) in or about the construction of the work or improvement; and (2)-each subcontractor licensed by the State of California who, under subcontract to the bidder, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid or, in the case of bids or offers for the construction of streets, highways or bridges, in excess of one-half of one percent of the bidder's total bid or ten thousand dollars ($10,000), whichever is greater. Subcontractor's Name, Address, Telephone # Bid Item Number Percent Of Total Bid Description of Work Percent of Total Bid Page C-17 Bond No. Bond Premium BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has issued an invitation for bids for the work described as follows: TENNIS COURTS RESURFACING WHEREAS (Name and address of Bidder) ("Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and fumly bound unto the Public Agency in the penal sum of Dollars ($ ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay al] court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. Page C-18 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Page C-19 Secti®n I) G1El~E~L PR®VISI®1~S TABLE OF CONTENTS Section Page 1. INSTRUCTIONS TO BIDDERS D-4 A. General Information D-4 B. Examination of Plans, Specifications, Special Provisions and Site of Work D-4 C. Bid Form D-4 D. Rejection of Proposal Containing Alterations, Erasures or Irregularities D-4 E. Bidder's Guaranty D-4 F. Award of Contract D-5 G. Execution of Contract D-5 H. Return of the Bidder's Guaranties D-5 I. Contract Bonds D-5 2. SCOPE OF WORK D-6 A. General Scope D-6 B. Construction Supervision D-6 C. Specifications D-6 D. Other Work D_~ E. Sub-Surface Data D_~ F. Discovery of Unusual Conditions D_g G. Surveying D_g H. Soils Engineering and Testing D_g I. Notification D_g 3. CHANGES IN WORK D-9 A. Changes Initiated by the City D_g B. Changed Conditions Caused by Acts of God D-10 C. Disputed Work D-10 D. Substitution of "An Equal" Items D-10 E. Changes Requested by Contractor D-11 4. CONTROL OF MATERIALS D-11 5. UTILITIES D-11 6. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK D-11 Page D-1 A. Completion Time B. Completion Requirements C. Completion Date D. Liquidated Damages E. Delays and Extensions of Time F. Extensions of Time G. Payment for Delays to Contractor H. Contract Terms 7. RESPONSIBILITY OF THE CONTRACTOR IN THE CONDUCT OF HIS WORK A. B. C. D. E. F. G. H. I. J. CaIOSHA Permit Site Cleanliness Jobsite Run-off Control Measures Inspections Compliance Construction Schedule Cost Breakdown Building Permits Coordination Antitrust Claims 8. FACILITIES FOR AGENCY PERSONNEL 9. MEASUREMENT AND PAYMENT A. Measurement and Payment B. Substitution of Securities for Monies Withheld to Assure Performance and Pay Earned Retentions Directly to an Escrow Agent C. Final Payment 10. 11. 12. 13. CLAIMS DISPUTE RESOLUTION A. Claim Form B. Claims Less Than $50,000 C. Claims More Than $50,000 D. Procedures for Lawsuits Based upon Contractor's Claims E. Payment of Money ' PROJECT MEETINGS WATER FOR THE JOB BARRICADING, PROTECTION AND TRAFFIC CONTROL A. Barricading D-11 D-11 D-12 D-12 D-12 D-13 D-13 D-13 D-13 D-14 D-14 D-14 D-14 D-14 D-14 D-15 D-15 D-15 D-15 D-16 D-16 D-16 D-18 D-18 D-19 D-19 D-19 D-19 D-20 D-20 D-21 D-22 D-22 Page D-2 B. Protection C. Traffic Control D. Payment 14. WORK HOURS D-22 D-22 D-23 D-23 15. RULES AND REGULATIONS D-23 16. GUARANTEE D-23 17. SPECIAL PROVISIONS D-24 Page D-3 SECTION 1 Information The City Clerk of the City of Seal Beach, California will receive sealed bids at their office .at the City Hall, 211 8~' Street, said City, until 10:00 am on the date set forth in the Notice Inviting Bids. B. Examination of Plans, Saecifications, Saecial Provisions and Site of Work: The bidder is required to examine carefully the site of the Project and the contract documents for the Project. It will be assumed that the bidder has thoroughly investigated the work and is satisfied as ~to the conditions to be encountered and to the character, quality and quantities of work to be performed and .materials to be furnished. It is further assumed that the bidder is familiar with the requirements of the contract documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination. No information derived from inspection of records or investigation or compilations of same made ~by the City will in any way relieve the Contractor from his/her obligations under the Contract Documents nor entitle 'the Contractor to any additional compensation. No claim for additional compensation shall be made by the Contractor for extra work created by conflicts, errors, or discrepancies in the Contract Documents that the Contractor should have discovered prior to submitting his or her bid. The Contractor will not and agrees not to make any claim against the City based upon ignorance or misunderstanding of any condition of the work site or of 'the requirements set forth in the Contract Documents. C. Bid Form• All bids must be made upon the blank proposal form included in this bid package. All -bids must contain the price proposed, both in words and figures, and must be otherwise properly acknowledged by 'the bidder. If the bids are made by an individual, his or her name and post office address must be ;shown; if by a partnership, the name and post office address of each general and limited partner, and the managing :partner must be included; if by a corporation, the bids must show the state under the laws of which the corporation was chartered and the names, titles and business addresses of the president, secretary, treasurer and manager. D. Resection of Proposal Containing Alterations. Erasures or Irregularities: Bids may, at the City's option, be rejected if they contain any alteration, additions, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. If the irregularities or -variances did not affect the amount of the bid or give the bidder a benefit or advantage not allowed other bidders, the City may waive the irregularities or variances. Further, the City reserves the right to reject any and all bids. E. Bidder's Guaranty All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to the City or a bidder's bond issued by a carrier licensed in the State of California with a rating of B+ or better as stated from time to time by Standard and Poors, Moodys or Bests for an amount lequal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, ashier's check, certified check or bidder's bond is enclosed therewith. Page D-4 F. Award of Contract The award of the contract, if it be awazded, will be to the lowest responsible bidder whose bid complies with all the requirements described. The awazd, if made, will be made within sixty (60) days after the opening of the bids. All bids will be compazed on the basis of the estimate of quantities of work to be done. G. Execution of Contract The contract shall be signed by the successful bidder and returned, together with the required bonds, within fifteen (15) calendaz days from the date the contract is awazded. Upon refusal or failure of the successful bidder to execute the contract, the City may awazd the contract to the next lowest responsible bidder. If the City awazds the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the next lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or check is used, or to the surety on the bidder's bond if a bond is used. H. Return of the Bidder's Guaranties Within sixty (60) calendar days after the awazd of the contract, the City will return the bid guazanties accompanying each of the bids which are not to be considered in making the award. All other bid guazanties will be held until the contract has been fully and finally executed and returned to the City with the required bonds, after which they will be returned to the respective bidders whose bids they accompany. I. Contract Bonds: The successful Contractor shall furnish two (2) bonds as set forth below: A surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this contract. A sepazate bond in an amount equal to one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract. The aforesaid bonds shall be in a form satisfactory to the City and issued by a carrier licensed in the State of California with a rating of B+ or better as stated from time to time by Standard and Poors or Moodys or Bests. Whenever any surety (or sureties) on any such bonds, or on any bonds required by law for the protection of the claims of laborers and materialmen becomes insufficient, or the City Engineer has cause to believe that such surety (or sureties) has or may become insufficient, a demand in writing may be made of the Contractor for such further bond (or bonds) or additional surety, not exceeding the contract amount as is considered necessary, taking into account the extent of the work remaining to be done. No payment shall be made upon such contract to the Contractor (or any assignee of the Contractor) until such further bond, bonds, or additional surety has been furnished. Page D-5 SECTION 2 SCOPE OF WORK A. General Scope: The work to be done, in general, consists of furnishing all labor, materials, tools, equipment and incidentals (unless otherwise specified), to construct and complete the project in a satisfactory and workmanlike manner, and in accordance with the plans and Contract Documents. B. Construction Supervision: The Contractor shall give personal attention to the fulfillment of the contract and shall keep the work performed pursuant to the contract under its control. The Contractor shall perform, with its own organization, a substantial portion of the work except that any designed "specialty item" may be performed by a subcontractor. C. Specifications: The work described herein shall be done in accordance with the provisions of the "Standard Specifications for Public Works Construction," most recent edition, with all amendments thereto ("Standard Specifications"), insofar as the same may apply, and in accordance with these Special Provisions. A copy of the "Standard Specifications for Public Works Construction" is on file in the Office of the City Engineer. Whenever in the Standard Specifications the following terms are used, they shall be understood to mean the following: Agency/ City of Seal Beach Address 211 8~' Street Seal Beach, CA 90740 Board The City Council of the City of Seal Beach Engineer The City Engineer, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them. Inspector An authorized representative of the City, assigned by said City to make inspections of work performed by or material supplied by the Contractor. Laboratory The designated laboratory authorized by the City of Seal Beach to test materials and work involved in the contract. Other terms appearing in the Standard Specifications and these Special Provisions shall have the intent and meaning specified in Section 1, "Terms, Defmitions, Abbreviations and Symbols of the Standard Specifications." In case of conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions. The Special Provisions shall take precedence over both the Project Plans and Standard Specifications. The "Contract Documents" consist of the Notice Inviting Bids and Proposal, the accepted bid, the contract, the bid security, any bonds required for the contract, the special provisions, the payment plans, the Standard Specifications for Public Works Construction, the Project Plans, all City Permits and Code Requirements, any and all State and Page D-6 City labor requirements and all addenda as prepared prior to the date of bid opening setting forth any modifications and interpretations of any of said documents and all supplemental agreements amending or excluding the work contemplated and which may be required to complete the work in accordance with the terms and conditions thereof and all applicable State and local laws. The precedence of Contract Documents are as follows: 1. Permits and Code Requirements; 2. Special Provisions; 3. Project Plans; 4. Construction Contract; 5. Notice Inviting Bids and Proposal; 6. Accepted Bid; 7. "Standazd Specifications for Public Works Construction;" and 8. Other Contract Documents. D. Other Work: The scope of the work may also include, but not be limited to, alterations; extra work; increases or decreases in the contract quantities; and, final clean up. Reference is made to Part I, Section 2, "Scope and Control of the Work" of the Standazd Specifications, which is adopted as part of these Special Provisions. E. Sub-Surface Data: If the City or its consultants have made investigations of subsurface conditions in azeas where the work is to be performed, such investigations shall be deemed made only for the purpose of study and design. Where such investigations have been made, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records shall be made in the Office of the City Engineer set the Seal Beach City Hall, 211 8~' Street, Seal Beach, California, 90740. It is the Contractor's sole responsibility to determine whether such investigations exist and the City makes no affirmative or negative representation concerning the existence of such investigations. The records of any such investigations are solely for the convenience of the Contractor. It is expressly understood and agreed that the City, the City Engineer, their agents, consultants or any employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and of the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the work. T'he Contractor represents that he/she has studied the Project Plans and Specifications and all surveys and investigation reports of sub-surface and latent physical conditions and has made such additional surveys and investigations as necessary for the performance of the work at the contract price in accordance with the requirements of the Contract Documents, and that he/she has correlated the results of all such data with the requirements of the Contract Documents. No claim of any kind shall be made or allowed for any enror, omission or claimed error or omission in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City. Page D-7 F. Discovery of Unusual Conditions: The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any: ~ (1) Material that the Contractor believes may be material that is hazazdous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated. (3) Unlrnown physical conditions at the site of any unusual nature, different materially from those ordinazily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. The City shall promptly investigate the conditions, and if it fmds that the conditions so materially differ, or do involve hazazdous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures set forth in the Contract Documents. In the event that a dispute azises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the Contract Documents. The Contractor shall retain any and all rights provided either by contract or by law that pertain to the resolution of disputes and protests between the contracting parties. G. Surveving• Contractor shall verify all dimensions on the drawings and shall report to the City .any discrepancies before proceeding with related work. Contractor shall perform all survey and layout work. Section 2-9, "Surveying," of the Standard Specifications is hereby modified such that construction stakes shall be set and stationed by the Contractor at his expense. Surveying costs shall be included in price of items bid. No sepazate payment will be made. Re-staking and replacement of construction survey markers damaged as a result of the work, vandalism, or accident shall be at the Contractor's expense. H. Soils Engineerine and Testing: A soils engineer will be retained by the City to perform soils tests during the Contractor's entire operation to ascertain a minimum 90 percent compaction. The City shall be responsible for the first series of soils tests. If there is need for another series, the Contractor shall beaz the cost of all subsequent tests. I. Notification: The Contractor shall notify the following agencies at least 48 hours prior to start of construction: CITY OF SEAL BEACH Engineering Division (562) 431-2527 Attention: Michael Ho Page D-8 Water Division (562)493-8660 Attention: Alan Bramlett SOUTHERN CALIFORNIA EDISON COMPANY (714)895-0242 Attention: Ryan Vergara THE GAS COMPANY (714) 634-5016 Attention: Frank Winn VERIZON (714)375-6716 Attention: Greg Miller UNDERGROUND SERVICE ALERT (USA) (800)422-4133 SECTION 3 CHANGES IN WORK Reference is made to Section 3 of the Standard Specifications, except as modified. A. Chances Initiated by the City: The City may at any time order additions, deletions or revisions in the general scope of the work without invalidating the Contract Documents and without notice to the sureties. The City may order minor changes or alterations in the work not involving extra cost or an extension of time, and not inconsistent with the overall intent of the Contract Documents. Such changes may be ordered by a field order. Before proceeding with the change of work described in a field order, the City Engineer will submit a field order to the Contractor for approval and signature. By signing the field order, the Contractor agrees that he or she shall not be entitled to any additional compensation or extension of time for the work identified in the field order. Changes not covered by a field order will be authorized by a change order. A change order is a written order, issued by the City to the Contractor, signed by the City Engineer, authorizing an addition, deletion or revision in the work, or an adjustment in the value of one or more of the respective bid items, or the contract time. Upon the receipt of a change order, the Contractor shall immediately proceed with the work described therein. All such work shall be performed in accordance with the applicable requirements of the Contract Documents. Except as agreed 'upon by the parties or as provided herein, Section 3-3.2.1 of the Standard Specifications shall govern the payment of costs for work performed pursuant to change orders. Except as otherwise provided, the Contractor shall be entitled to a mark-up (consisting of reasonable profit and overhead costs) of a maximum amount not to exceed ten (10) percent on the first Two Thousand Dollars ($2,000.00) and five (5) percent on any amount in excess of Two Thousand Dollars Page D-9 ($2,000.00) for work performed pursuant to a change order. Such mark-up shall be the sole monetary compensation to which the Contractor shall be entitled above the actual cost for performing such work. If the Contractor and City are unable to agree upon any adjustments in the contract price and/or time pursuant to a change order, the City and the Contractor shall try to resolve any difference respecting same. The Contractor shall proceed with the work called for by the change order notwithstanding any dispute as to the price and/or time adjustments. Within fifteen (15) days after the issuance of a change order in which either the price or time or both have not been mutually agreed upon in writing, the Contractor shall submit a written proposal to the City Engineer that shall include all reasonable cost data and time extension justification to enable the City Engineer to adequately analyze the proposal. If the Contractor cannot reasonably meet this deadline, the City Engineer, in his/her sole discretion, may extend the time to resubmit the proposal. The failure of the Contractor to comply in the time constraints imposed herein shall preclude the Contractor from recovering any additional changes in price or time unless the City Engineer, within his/her sole discretion, excuses the Contractor's delay and permits the proposal to be processed and considered by the City. The City Engineer shall issue its finding on any price or time adjustment request within thirty (30) days from receipt of the written proposal except as provided in this subsection. The Contractor waives any claim for damages or addition time azising from changes or revisions to the Contract Documents. B. Changed Conditions Caused by Acts of God: The City shall not hold the Contractor responsible for the cost of repairing or restoring damage to the work if the damages have been determined to have been proximately caused by an Act of God and are in excess of five (5) percent of the contracted amount provided that the work damaged was accepted by the Engineer and built in accordance with the Contract Documents and applicable building standards. Per Section 7105 of the Public Contract Code, an "Act of God" shall be defined as an earthquake in excess of 3.5 on the Richter Scale or a tidal wave. C. Disputed Work: Any and all disputes or claims arising out of changes in work for the project or relating to the Contract Documents that are not disposed of by agreement or aze not governed by Section 10 of these Special Provisions shall be decided by the City Engineer in writing as set forth above. The decision of the City Engineer shall be final and conclusive on the Contractor unless, within fifteen (15) days from the receipt of such decision, the Contractor submits to the City a written claim for review of the decision made by the City Engineer. The City Council shall review all decisions within a reasonable time. The Contractor and City Engineer shall be afforded an opportunity to be heazd and to offer evidence with respect to each claim. The City Council shall render its decision promptly and the decision shall be final and conclusive. Except for the filing of a claim as provided for herein or otherwise governed by Section 10 of these Special Provisions, the Contractor understands and agrees that no other procedures for submission of a claim or request for either increasing its contract price or time shall apply. Time is of the essence and failure of the Contractor to satisfy any deadline for filing as provided for herein shall preclude the Contractor from later recovering on a claim or request from the City in any legal proceeding. D. Substitution of "An Equal" Items: After a bidder is notified that it is the appazent low bidder, that bidder shall have up to seven (7) days to submit to the City Engineer any requests for substitution of "an equal" items and any data or materials substantiating that request. Page D-10 E. Changes Requested By the Contractor: Changes requested by the Contractor shall be governed by the Standard Specifications except that the mark-up of any such work and resolution of disputes concerning the scope and payment of such work shall be governed by Section 3.A. above. SECTION 4 CONTROL OF MATERIALS Reference is made to Section 4 and Section 7-10.2 of the Standard Specifications. SECTION 5 UTILITIES Reference is made to Section 5 of the Standard Specifications, which shall apply except as modified herein. The Contractor's attention is directed to the fact that work may be conducted at or adjacent to the site by other Contractors during the performance of the Work under this Contract. The Contractor shall conduct is operations so as to cause a minimum of interference with the work of such other Contractors, and shall cooperate fully with such Contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Interference with Work on Utilities: The Contractor shall cooperate fully with all utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the work, and shall schedule the Work so as to minimize interference with said relocation, altering, or other rearranging of facilities. If utilities become damaged or broken due to the Contractor's work, it will be his or her responsibility to repair the utility at no cost to the utility or the City of Seal Beach. SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK Reference is made to Section 6 of the Standard Specifications which shall apply except as modified herein. A. Comaletion Time; Reference is made to Section 6-7 of the Standard Specifications that shall apply except as herein modified. The Contractor shall complete all work under the Contract within 25 WORKING DAYS from the Notice to Proceed. The Contractor shall not be allowed to begin any construction activity at the site prior to the issuance of the Notice to Proceed. Between the period of the Notice of Award and Notice to Proceed, the Contractor shall process shop drawings, and begin equipment/materials procurement. B. Comuletion Requirements: The project will not be considered complete and ready for City Council acceptance until all required work is completed and all of the following items have been furnished to the City: Page D-11 (1) "Certificate of Occupancy" indicating approval by City departments and divisions; (2) Receipt by the City of all written guarantees and approvals from governing agencies as specified herein; (3) Submission of "as-builts;" and, (4) Submission in duplicate of all operating instructions and/or manufacturer's operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures. C. Completion Date: For the purposes of the calculation of liquidated damages, the work herein contracted for shall be deemed to be completed within the meaning of this contract when same has been actually completed in accordance with the plans and specifications therefore and to the satisfaction of the City Engineer. The project must be certified by the City Engineer in accordance with Section 6-8 of the Standard Specifications. D. Liquidated Damages: Liquidated damages as set forth in Section 6-9 of the Standard Specifications shall be Two Hundred and Fifty Dollars ($250) per calendar day. Nothing in this section shall prohibit the City Engineer or City Council from granting to the Contractor an extension of time and the waiving of the liquidated damages. E. Delays: The Contractor shall be entitled to an extension of the contract time without the assessment of liquidated damages when delays in the completion of work are extended by change order or caused by Acts of God, public enemies, fire, flood, epidemics, quarantine, restrictions, strikes, shortages of materials, trade embargoes and severe weather, delay of subcontractors due to such causes or delays caused solely by the act or omission of the City, as applicable. It shall be the responsibility of the Contractor to notify the City Engineer in writing within five (5) days prior to any such delay, if reasonably possible, and submit evidence as required by the City Engineer to substantiate his or her entitlement to additional time. The term "severe weather" shall be construed to mean only such weather as in the judgment of the City Engineer prevents work or makes performance of the work difficult or hazardous either during the weather's occurrence or its aftermath. • No extension of time will be granted for delay caused by shortage of materials unless the Contractor furnishes to the City Engineer documentary proof that he/she has diligently made reasonable and timely efforts to obtain such materials from all known sources. No time extension will be granted for delays which do not affect the critical path of the construction schedule provided at the Pre-Construction Meeting. Unless otherwise agreed in writing, an adjustment to the contract time by reason of a change order shall be agreed to at the time the change order is issued and accepted by the Contractor. Disagreements as to the adjustment of time shall be governed by subsections 3-2.1 and 3-5 of the Standard Specifications. If the change order does not reserve the right of the parties, or either of them, to seek an adjustment Page D-12 to the contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the contract time. F. Extensions of Time: In the event it is deemed appropriate by the City to extend the time for completion of the work, any such extension shall not release any guarantee for the work required by the Contract Documents, nor shall any such extension of time relieve or release the sureties on the bonds executed. ]n executing such bonds, the sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may azise in connection with a claim for adjustment of the contract time, the Contractor shall promptly proceed with the work. The Contractor agrees that no payment for compensation of any kind shall be made to the Contractor for damages for any delay in the progress of the contract, whether such delays are avoidable or unavoidable or caused by an act or omission of the City or any of its representatives. Any such delay claim shall be fully compensated for by an extension of time to complete performance of the work provided herein. G. Payment for Delays to Contractor: Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the contract price or extend the time for delays. Unless compensation and/or mazk up is ageed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the contract, whether such delays aze avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the work. This subsection shall not apply to unreasonable delays caused solely by the City. If an unreasonable delay is caused solely by the City, the Contractor shall be entitled to a change order that 1) extends the time for completion of the contract by the amount of delay caused by the City, 2) compensates the Contractor for the actual costs caused by the delay and 3) pays the Contractor a mazk-up for any additional work as set forth in Section 3 of the Special Provisions. SECTION 7 RESPONSIBILITY OF THE CONTRACTOR IN THE CONDUCT OF HIS WORK The provisions of Section 7 of the Standazd Specifications shall apply except as modified herein. A. CaUOSHA AND AO1VID Permit: Should this project require: (a) construction of trenches or excavations which aze five (5) feet or deeper and into which a person is required to descend, or the Contractor shall obtain a CaUOSHA permit and furnish the City with a copy before work can commence on this project. B. Site Cleanliness: Page D-13 The Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water or other means, as necessary. Clean up shall be done as work progresses at the end of each day and thoroughly before weekends. If the job site is not cleaned to the satisfaction of the City Engineer, the cleaning will be done or contracted by the City and shall beback-charged to the Contractor and deducted from the contract amount. C. Jobsite Run-off Control Measures: Under this contract, the Contractor agrees to provide for City review and approval and implement an approved Storm Water Pollution Prevention Plan (SWPPP) to prevent the run-off of construction materials into the City's storm water system. These run-off control measures aze defined by the currently applicable National Pollutant Discharge Elimination System (NPDES) Permit R8-2002-0010. D. Inspections• Contractor shall arrange and pay for all off-site inspection of the work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required. E. Compliance: Contractor shall comply with all codes, ordinances, rules, regulations, orders and other legal requirements of public authorities that govern, regulate or control the performance of its work. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or subcontractor not so licensed is subject to the penalties imposed by such laws. This project must follow all AQMD and CAL/OSHA requirements and Rule 1403 for handling ofAsbestos-Contained and Lead-Contained Materials. F. Construction Schedule: A proposed construction schedule shall be submitted to the City Engineer at the Pre- Construction Meeting to be scheduled by the City Engineer. G. Cost Breakdown: Within ten (10) days after awazd of the contract, Contractor shall prepaze and submit to the City Engineer a complete and correct cost breakdown of the contract sum for the purpose of establishing progress payments to the Contractor based on the progress of the work, if any. The Contractor agrees to revise its original breakdown, if necessary, to satisfy the City Engineer as to content, distribution of costs and form. H. Permits and Fees: Contractor will be~ required to obtain all necessary permits from the City which includes obtaining a no fee encroachment permit for work within the public right-of--way. The Contractor shall prepaze traffic control plans in conformance with City requirements for review and approval by the City. Contractor to beaz all cost for fees for all agencies except for the City of Seal Beach. I. Coordination: Page D-14 The Contractor shall coordinate the work of the various phases of the project and/or its subcontractors to avoid interference, duplication of work or unfmished gaps between operations. The Contractor shall provide and maintain full employment of personmel at the job site at all times during the performance of the contract and a sufficient crew of mechanics and foreman to prosecute the work with dispatch. A qualified full time superintendent shall represent the Contractor on the job at all times. J. Antitrust Claims: The Contractor's attention is directed to the following provisions of California Government Code Sections 4552, 4553, and 4554, which shall be applicable to the Contractor and his or her subcontractors: In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials by the Contractor or subcontractor pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. If the City receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Title 1, Chapter 11 of the Government Code, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the City any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the City as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. SECTION 8 FACILITIES FOR AGENCY PERSONNEL The provisions of Section 8 of the Standard specifications shall apply except as modified herein. No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for his own personnel. SECTION 9 MEASUREMENT AND PAYMENT A. Measurement and Payment: Method of measurement and payment shall conform to Section 9 of the Standard Specifications and as further described and modified in the detailed specifications herein. Page D-15 On or before the 10's day of each month, the Contractor shall submit an invoice for payment to the City Engineer. Said payment shall be in accordance with the Contract Documents and shall be in the amount accepted by the City Engineer, less ten percent (l0%) of the amount accepted by the City Engineer and less 11 previous payments made and sums to be kept or retained under the provisions of the Contract Documents. Payment will be made on or about thirty (30) days following receipt of the invoice unless it is the subject of an audit by the City or is not properly submitted. A payment request is properly submitted if it contains all information ecessary to document that the work for which payment is requested has been performed, contains all required ackup, including any materials required to be submitted to document compliance with the applicable Labor Code i aws. Payments shall be made if the above conditions are satisfied and if funds are available for payment and the payment is not delayed due to an audit inquiry by the City or a dispute exists over the payment request. materials. No payment will be made for materials prior to the complete installation of the Section 9-3 of the Standazd Specifications is hereby modified to provide that ten percent (10%) of each progress payment shall be deducted and retained by the City from all progress payments. B. Substitution of Securities for Monies Withheld to Assure Performance and Pav Earned Retentions Directly to an Escrow Agent. In accordance with California Public Contract Code Section 22300, the Contractor request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress Tents when such payments become due or, in the alternative, Contractor may request that the City make Tents of earned retentions directly to an agreed upon designated escrow agent at Contractor's expense. control: If the Contractor selects either one of the aforementioned alternatives, the following (1) Substitution of Securities for Performance Retention. At some reasonable time before any progress payment would otherwise be due and payable to Contractor in the performance of work under this Agreement, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City ("estimated amount of retention") to be withheld. Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a state or federally chartered bank in California, as the escrow agent, and at the Contractor's expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Agreement is modified by written modifications or change orders or Contractor otherwise becomes entitled to receive an amount more than the estimated contract amount at the time the securities aze deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the work progresses. Upon satisfactory completion of the Agreement, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Agreement or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion and upon advice of its attorney, determine whether or not the amount of the securities on deposit with the City or escrow agent, is equal to or greater than the amount of estimated retention of progress Page D-16 payments which could otherwise be held by the City if the Contractor had not elected to substitute same with securities. Deposit of Retention Proceeds with an Escrow Agent. As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in paragraph (1) above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in paragraph (3) below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this section. The Contractor shall pay to each subcontractor, not later than ten (10) days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount withheld to insure performance of the Contractor. (3) Subcontractor Entitlement to Interest. Any Contractor who elects to receive interest on moneys withheld in retention by the City shall, at the request of any subcontractor performing more than five percent of the Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by the Contractor from the subcontractor. If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each subcontractor, not later than 10 days after receipt of escrow moneys, the amount owed to each subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each subcontractor, on the amount of retention withheld to insure performance of the subcontractor. (4) Securities Eligible for Investment. Securities eligible for investment shall include those listed in California Government Code Section 16430, bank of savings and' loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon. Page D-17 (5) Escrow Agreement for Security Deposits in Lieu of Retention. The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in California Public Contract Code Section 22300(e). (~ Inconsistencies with Prevailing Statutory Requirements. If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control. C. Final Payment The City Engineer, after the completion of the project, shall make a final determination of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract Documents. The prior partial payments and estimates shall be subject to correction in the final estimate and payment. In processing the final payment estimate, the City Engineer will invite the Contractor to review and discuss said final estimate during the seven (7) calendar day period following acceptance of the work by the City. It is mutually agreed between the parties to the Contract that no certificate given or payment made under the Contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, and no payment shall be construed to be an acceptance of any defective work or improper materials. Retention or deposited securities shall be released to the Contractor sixty (60) calendar days after the date of completion as the term is defined by Section 7107(c) of the Public Contract Code. In the event of a dispute between the Contractor and the Agency, the City shall withhold from the final payment to the Contractor an amount not to exceed l 50 percent of the disputed amount. SECTION 10 CLAIM DISPUTE RESOLUTION Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, nonbinding judicially supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. "Claim" means a separate demand by the Contractor for: (I) a time extension, (ii) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work, the payment of which he is not otherwise entitled to, or (iii) an amount, the payment of which is disputed by the City. , A. Claim Form: The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. B. Claims Less Than 550.000: Page D-18 (1) For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within 45 days of receipt of the claim, or may, if appropriate, request, in writing within 30 day of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. (3) The City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation whichever is greater. C. Claims More Than $50.000: (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy five thousand dollars ($375,000), the• City shall respond in writing to all written claims within 60 days of receipt of the claim, or any request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. (2) If additional information is thereafter required, it shall be requested and provided upon mutual agreement of the City and the Contractor. (3) The City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. (4) If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days to attempt to settle the dispute. (5) If following the meet and confer conference the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (A) until the time the claim is denied, including any period of time utilized by the meet and confer conference. D. Procedures for Lawsuits Based Unon Contractor's Claims: The following procedures are established for all civil actions filed to resolve claims subject to this Section: (1) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. T'he mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless the time requirement is extended by mutual agreement or upon a good cause showing to the court. If the parties fail to agree upon a mediation within the 15 day period, any party may petition the court to appoint a mediator. Page D-19 (2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial azbitration. (3) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for the purposes of this subsection shall, be experienced in construction law, and upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator for good cause determines a different division. (4) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedures, any party who after receiving an arbitration awazd requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising after the trial de novo. (5) If any lawsuit is filed under Public Contract Code Section 20104.4, the losing party shall pay interest at the legal rate of any arbitration award or judgment against it. The interest shall begin accruing on the date the action is filed. E. Payment of Money: The City shall pay money as to any portion of a claim which is undisputed except as otherwise provided by the Contract Documents. SECTION 11 PROJECT MEETINGS 1. Pre-construction Conference: a. Seven days prior to the commencement of work at the site, apre-construction conference will be held at the City and shall be attended by the Contractor's Project Manager and its "On-Site" Field Superintendent and subcontractors as the Contractor deems appropriate. Unless previously submitted to the Engineer, the Contractor shall bring to the pre-construction conference copies of each of the following: 1) Project Schedule. 2) Procurement schedule of major equipment and materials and items requiring long lead time. 3) Shop Drawing/Sample submittal schedule. 4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes. 5) Written designation of the "On-site" Field Superintendent and the Project Manager. Both day time Phone Numbers and emergency Phone Numbers shall be included in the written designation. c. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The complete agenda will be furnished to the Contractor prior to the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) -Contractor's tentative schedule. 2) -Pre-construction Video. 3) -Notification of local residents prior to starting any work and keeping them informed through-out the project. 4) -Procedures for transmittal, review, and distribution of Contractor's submittals. Page D-20 5) -Processing applications for payment 6) -Maintaining record documents 7) -Critical work sequencing 8) -Maintaining sewage service during construction, including proposed by-passes 9) - NPDES requirements 10) -Compliance with the Orange County Stormwater Program., including the September 2004 "Construction Runoff Guidance Manual" 11) -Field decisions and Change Orders 12) -Use of project site, office and storage areas, security, housekeeping, and City's needs 13) -Major equipment deliveries and priorities 14) -Traffic control ' The City will preside at the pre-construction conference and will arrange for keeping and distributing the minutes to all persons in attendance. Attendance by the Contractor and its subcontractors is mandatory. 2. Weekly Progress Meetings: a. Progress Meetings will be held each week during the course of the project. b. The Contractor shall provide a 2-week "Look Ahead" schedule for each meeting. c. The inspection staff (CM) will preside at these meetings and will prepaze the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. d. The meeting location, day of the week and time of day will be mutually agreed to by the City, the CM and the Contractor. e. As the work progresses, if it is determined by mutual agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to Bi-Weekly. SECTION 12 WATER FOR THE JOB The City of Seal Beach will supply all water required during construction~and testing without charge to the Contractor at fire hydrants neaz the work and shall be drawn only from hydrants fitted with "Eddy" valves and meters at locations designated by the City Engineer. Full compensation for developing water supply, furnishing water equipment and applying City-furnished water will be considered as included in the price paid for the contract item of work involving the use of water. No sepazate payment will be made therefore. A refundable deposit of $750.00 will be reauired together with a $10.00 hookup fee which is non-refundable. SECTION 13 BARRICADING. PROTECTION AND TRAFFIC CONTROL A. Barricading: Page D-21 Due to the project's location, the Contractor shall be required to secure and render ;safe the entire construction area at the end of each workday. Work areas must be well barricaded and flagged. No open excavations will be allowed on the weekends. B. Protection• Contractor shall be responsible for and shall provide and maintain all required ,guards, railings, lights and warning signs and shall take all precautions to avoid injury or damage to any person or .property and shall protect and indemnify the City against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by himself or his agents, employees or subcontractors. Contractor shall protect all work, materials and equipment from damage from any cause whatsoever, and provide adequate and proper storage facilities during the progress of the work. He shall provide for the safety and good condition of all work until fmal acceptance of the work by the City and replace all damaged or defective work, materials and equipment before requesting final acceptance. Contractor shall exercise diligence to avoid damage to sprinkler piping, valves, trees, planting, turf, etc., in addition to buildings, structures, pavement, fences and footings. Any required tree branch trimming or removal shall be brought to the attention of the City promptly and will be performed by City :personnel. C. Traffic Control: Traffic control shall conform to the W.A.T.C.H. Handbook, the most recent edition, the State of California "Manual of Traffic Control Devices," most recent edition, and must be approved by the Engineer. Contractor shall provide for and maintain one lane of traffic in each direction during entire operation. "No Parking" signs, if required, must be installed forty-eight (48) hours in advance indicating ~e and date that parking will be prohibited. Contractor shall also provide and maintain steel traffic plates securely over the whenever required or at the end of the work day. The plates shall be pinned and ramped with temporary is concrete. The Contractor shall be responsible for all fees and costs associated with securing to access private property for any portion of the project. The Contractor shall maintain traffic access to all local streets throughout struction. Temporary shutdown of streets must be approved by the City a minimum of 72 hours in advance of proposed closure. D. Pavment: Payment for barricading, protection and traffic control shall be included in the price and shall include all labor and material necessary to adequately perform the work involved to the satisfaction of City Engineer. SECTION 14 Page D-22 Contractor shall do all construction work between the hours of 7:00 a.m. to 5:00 p.m., Mondays through Fridays. No work will be allowed on Saturdays, Sundays or City holidays. Whenever the Contractor is permitted or directed to perform night work or to vary the period during which work is performed during the day, he shall give twelve (12) hours notice to the Inspector so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. Throughout the progress of the work, the Contractor shall be responsible for providing temporary sewer bypasses, providing temporary facilities, and providing all necessary coordination in order to maintain the continuous collection and transport of sewage. The Contractor shall submit a work plan in accordance with the Contract Documents which provides details of the work necessary to satisfy the above condition. SECTION 15 RULES AND REGULATIONS The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and orders of the City of Seal Beach. If Contractor observes that any of the Contract Documents aze at variance therewith in any respect, he/she shall promptly notify the City Engineer in writing and any necessary changes shall be adjusted by appropriate modifications. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and/or regulations, and without such notice to the City Engineer, he/she shall assume full responsibility therefore and he/she shall bear all costs attributable thereto. The Contractor shall comply with all applicable provisions of the Orange County stormwater run-off manual throughout the course of construction. SECTION 16 GUARANTEE Contractor hereby guarantees that the entire work constructed by him/her under this contract will meet fully all requirements thereof as to quality of workmanship and materials furnished by him/her. Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship supplied by him that become evidence within one (1) year after City Council acceptance of the work. Within one (1) year after acceptance of the work, Contractor further agrees to restore to full compliance with any requirements any work or materials found to be deficient with respect to any provisions of the Contract Documents. Contractor agrees to hold the City harmless from claims of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the City Engineer. If the Contractor fails to make the repair and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost thereof. This guarantee shall be secured by the Faithful Performance Bond furnished under the contract and said bond shall remain in force and effect until the expiration of said one (1) year period from date of Page D-23 acceptance of the project by the City Council. However, instead of maintaining the bond, as described above, the Contractor may, at his/her option, provide the following: A surety issued by a carrier licensed in the State of California with a rating of B+ or better as stated from time to time by Standard and Poors', Moodys' or Bests' in an amount equal to ten percent (] 0%) of the final contract price; or One thousand dollars ($1,000.00) in cash -- whichever is greater. SPECIAL PROVISIONS SECTION 17 APPLICATION SPECIFICATIONS FOR ASPHALT SURFACE Mandatory Pre-Bid Meeting: Attendance at the pre-bid conference is mandatory for submission of a bid. The pre- bid conference is scheduled to be held at Seal Beach Tennis Center located 3900 Lampson Avenue, Seal Beach, California 90740, at 10:00am, on Thursday, October 22, 2009. Bids will not be accepted from Contractors that do not attend the pre-bid meeting. TABLE OF CONTENTS 1.0 Description 2.0 Quality Assurance 3.0 Installer Qualifications 4.0 Submittals 5.0 Guarantees 6.0 Barriers 7.0 Material Handling and Storage 8.0 Playing Lines 9.0 Close Out 10.0 Surface Preparation 11.0 Manufactures and Products 12.0 Windscreens 1.0 DESCRIPTION mish all material, labor, services and related items required to complete work indicated on drawings and/or :cifications. The items of work to be performed shall include but are not necessarily limited to the complete tallation of tennis court surfacing and playing lines. Tennis court resurfacing shall be surfaced with provisions set th by the manufacturer and as specified here in. QUALITY ASSURANCE Surfacing shall conform to the guidelines of the American Sports Building Association (ASBA). All surface coating products shall be supplied by a single manufacturer. The contractor shall record the batch number of each product used on the site and maintain it through the rranty period. The contractor shall provide the inspector, upon request, an estimate of the volume of each product to be used on site. Page D-24 E. The manufacturer's representative shall be available to help resolve material questions. 3.0 INSTALLER QUALIFICATIONS A. The Contractor must be experienced in tennis court surfacing work of the highest professional quality and have facilities and personnel adequate for the work specified. B. Installer shall be regularly engaged in construction and surfacing of acrylic tennis courts, play courts or similar surfaces. C. Installer shall be an Authorized Applicator of the specified surface system. 4.0 SUBMITTALS The Contractor shall submit to the Engineer materials containing the following information: A. Manufacturer specifications for components, color chart and installation instructions. B. Current Material Safety Data Sheets (MSDS). 5.0 GUARANTEES A. The manufacturer shall guarantee the material in writing for a period of one (1) years from date of Physical Completion against chalking, checking, fading discoloration, or other adverse effects from ultraviolet rays of the sun, from weather moisture, or from weather temperatures. B. The Contractor shall further guarantee that all work performed under this section shall be free from defects in material and workmanship. Upon notice in writing from the Owner to the Contractor within one (1) years of Physical Completion of the project, the Contractor shall, at no expense to the Owner, make necessary repairs or replacements of the defective work in question. 6.0 BARRIERS The Contractor shall erect and maintain barricades, canopies, guards, lights and warning signs to the extent required by law and as is prudent for the protection of the public and protection of the work. 7.0 MATERIAL HANDLING AND STORAGE A. Store materials in accordance with manufacturer specifications and MSDS. B. Deliver product to the site in original unopened containers with proper labels attached. C. All surfacing materials shall be non flammable. 8.0 PLAYING LINES Dimensions: Base lines shall be three inches (3") wide, and playing lines two inches (2") wide. Lines shall be accurately located and marked in accordance with the rules of the United States Tennis Association. All lines shall be painted with textured white line paint, provided by the approved manufacturer. Playing lines shall be taped, and then painted to provide straight lines with sharp edges. 9.0 CLOSE OUT Cleaning: Upon completion, the Contractor shall remove all containers, surplus materials and debris, and leave the site in a clean and orderly condition acceptable to the Engineer. 10.0 SURFACE PREPARATION Page D-25 A. Clean surfaces of loose dirt, oil, grease, leaves, and other debris in strict accordance with manufacturer's directions. Pressure washing will be necessary to adequately clean areas to be coated. Any areas previously showing algae growth shall be treated with Clorox or approved product to kill the organisms and then be properly rinsed. B. Holes and Cracks: All cracks and holes shall be cleaned, grinded, patched, and a suitable soil sterilant, as approved by the owner, shall be applied to kill all vegetation 14 days prior to use of court patching according to manufacturer's specifications. C. Depression: Depressions holding enough water to cover a five cent piece shall be filled with approved manufacturer's patch. Once the surface has been thoroughly cleaned and is free of all loose material, dirt, or dust, the court shall be flooded and allowed to drain a minimum of 30 minutes and a maximum of 1 hour. Any area that holds water (bird baths) in a depth greater than 1/16 inch (1.6 mm of the thickness of a nickel) shall be outlined and patched per manufacturer's guidelines and specifications. 11.0 MANUFACTURES AND PRODUCTS A. Manufactures This project shall use any of the following three manufacturers that offer products which conform to the intent and purposes of these specifications. z. :.. ,. .~ .. . ~ •, .•. .... ; • . . .: .:. k ~' a ~. 2 ~~ " .Jeff Bryant . , ~~~ ~ Bob Deller~ ; '~ ~~ Mark Stephens " hT'I AC T ~ '" (732) 206-0031 ~~ " K~~= ;; "(r7~~~) ~6U 6659 .". '" (415) 459=5565 ,~ .-' ~. .: ';~_ ~°. ihdurhamna,comcast.riet °;v~r bohd(a~~siiortaftack~~cbm .. " rriark(a)lmdistributior B. Products The project consists of applying a 3-coat system as follows: 1. Court Patch Binder: For use in patching cracks, holes, depressions and other surface imperfections per manufacturer's specifications. Z. Acrylic Resurfacer: Apply 1 coat of Acrylic Resurfacer per manufacturer's specifications. 3. Color System Finish: Apply 2 color coat (textured) system per manufacturer's specifications. Color(s) are as noted on the drawings. The Contractor shall obtain the Engineer's approval, prior to applying. 4. Playing Lines: Apply 1 to 2 coats (textured) as needed per manufacturer's specifications. coatings shall be pure acrylic, containing no asphaltic or tar emulsions, nor any vinyl, alkyd or non-acrylic is. Materials shall be delivered to the construction site in its original unopened containers clearly labeled with name and name of manufacturer. .com Page D-26 12.0 WINDSCREENS Windscreen shall be Collins Company or an approved equal. Measurements shall be verified by the contractor on- site. Items: • Six Vinyl windscreens 60ft. x loft. • One Vinyl windscreen 120ft. x loft. o Three open mesh polypropylene windscreens 20ft. x Eft. Collins Company Contact: Parker Collins, (800) 222-4348 or arker collinscom an .com A. Measuring Fence for Windscreen 1. For accurate measurements, make sure that the tape measure is stretched tight so that there is not any slack in the tape. 2. When possible, try to keep fence screen panels at a maximum of 60 feet in width. This allows for easier handling and installation. 3. Do NOT round off measurements. Send all measurements in feet and inches. 4. Do NOT assume two fences are the same size. Measure every fence just to be safe. 5. Make all measurements at site when possible rather than from drawings. 6. Make note of each measurement immediately. Do not make multiple measurements before writing them down. 7. Draw a rough sketch of the court to list your measurements. Match your measurements to the appropriate part of the drawing. This allows for a visual decreasing any chance of error. B. Color 1. Green END OF SECTION Page D-27 APPENDICES A Contract Agreement Page D-28 AN AGREEMENT FOR TENNIS COURTS RESURFACING between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 [Consultant's Name] [Consultant'"s Address] [Consultant's Phone Number] THIS AGREEMENT is made and entered into this ~ day of , 20 ~., by and between the City of Seal Beach, a California charter city ("City"), and ---~-~ ~ , a ._ ~ -- ~'"" ~ " ~ ~ " ("Contractor"). Page D-29 RECITALS WHEREAS, the City Council has approved the plans and specifications for the Tennis Courts Resurfacing ("Project") with respect to design criteria; and WHEREAS, Co_ntr_ actor has submitted a bid to City for the Project dated . " - in the amount of "~- ~- " " ~~" ("Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT Contractor's Services. Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ("Work") required by this Agreement and the documents listed in Subsection 1.2 for the Project. Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non-Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the work contemplated and that may be required to complete the work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. In the event of any material discrepancy between the express provisions of this grad the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. Effective Date. This Agreement is effective as of " ~ " " ~ (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. Payment. For performing and completing the work in accordance with the Contract Documents, shall pay Contractor, in full compensation therefor, the amount of ' ' "- " . -, subject to any ons and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute ent in full for all work performed hereunder, including, without limitation, all labor, materials, Page D-30 equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. Contractor's Personnel. All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. Indemnification. Contractor's Dutv. Contractor shall indemnify and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims"), in any manner arising out of or incident to the performance of the Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Page D-31 Agreement. Contractor shall reimburse the City and the other Indemnitees, 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 Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorney fees and costs incurred by City in connection with, arising out of or incident to any bid protest. City's Sole Ne lig`aence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnities for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnities. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Insurance. Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: Exhibit D-1: Additional Insured Endorsement -Commercial General Liability Exhibit D-2: Additional Insured Endorsement -Automobile Liability Exhibit D-3: Additional Insured Endorsement Minimum Scone of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: form CG 0001). Insurance Services Office Commercial General Liability coverage (occurrence Page D-32 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured-Owners, Lessees or Contactors (Form B). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance. Contractor ~ shall provide to -.City :the standard form issued~by the carrier. Minimum Limits of Insurance. Contractor shall maintain limits no less than: General Liability: $1,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per occurrence for bodily injury and property damage. Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or•agency officials shall be excess of Contractor's insurance and shall not contribute with it. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Page D-33 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. Each insurance policy, except for any professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk Manager. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Liquidated DamaEes. Should the Contractor fail to complete the project, or any part thereof, in e time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate $ 250 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered 'n the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's for the convenience of City or for work stoppages beyond the control of City or Contractor. A ion of the Services does not void this Agreement. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight crier service during Contractor's and City's regular business hours or by facsimile before or during ntractor's regular business hours; or (b) on the third business day following deposit in the United rtes mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other tresses as the parties may, from time to time, designate in writing pursuant to the provisions of this ~tion. All notices shall be addressed as follows: If to City: City of Seal Beach -City Clerk 2l 1 8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director Page D-34 City of Seal Beach 211 8th Street Seal Beach, California 90740 If to Contractor: ~ - - - Telephone: Fax: . _ ~ .. - Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties, which expressly refers to this Agreement. (Intentionally Left Blank) Page D-35 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: By: By: David N. Carmany, City Manager Name: Title: Attest: By: By: Linda Devine, City Clerk Name: Title: Approved as to Form: By: Quinn M. Barrow, City Attorney Page D-36 EXI~IBIT A FAIT~I~UL P]ERI+ ®I2IVIANCE B®leTD Page D-37 Bond No. Bond Premium PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Tennis Courts Resurfacing WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Page D-38 Dated: "Principal" "Surety" By: By; Its Its By: By; Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Page D-39 EXHIBIT B PAYMENT B®1VID Page D-40 Bond No. Bond Premium PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Tennis Courts Resurfacing WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. ' FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. Page D-41 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: By: Its By: Its Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached Page D-42 EXIIIBIT C W®RI~ER'S C®1VIPENSA'I'I®N INSURANCE CER~'IFICATE Page D-43 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA 90740-6379. 2. The insureds under such policy or policies are: 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By: Its Authorized Representative Page D-44 EXHIBIT D-1 ADDITI®NAL INSURED END®RSEMENT C®MMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LL4BILITYJ Page D-45 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured ("Named Insured"): Name and address of Insurance Company ("Company"): OFFICIAL TITLE OF PROJECT: TENNIS COURTS RESURFACING Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered asthird-party claims, i.e., in the same manner as if sepazate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street, 2"d Floor Seal Beach CA 90740 Page D-46 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD THIS ENDORSEMENT ATTACHES FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ^ Contractual Liability ^ Owners/Landlords/Tenants ^ Manufacturers/Contractors ^ Products/Completed Operations ^ Broad Form Property Damage ^ Extended Bodily Injury ^ Broad Form Comprehensive ^ General Liability Endorsement ^ Explosion Hazazd 0 Collapse Hazard ^ Underground Property Damage ^ Pollution Liability ^ Liquor Liability 12. A ^ deductible or ^self-insured retention (check one) of $ all coverages) except: applies to (if none, so state). The deductible is applicable ^ per claim or ^ per occurrence (check one). 13. This is an ^ occurrence or ^ claims made policy (check one). 14. This endorsement is effective on Policy Number at 12:01 A.M. and forms a part of I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Signature of Authorized Representative ,20 (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) Page D-47 EXI3IBIT Y)-2 AIIDITIOI~TAL IloTSURED ENDORSEIVIENT AUTOIVIOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] Page D-48 ADDITIONAL INSURED ENDORSEiVIENT AUTOi1~OBILE LIABILITY Name and address of named insured ("Named Insured"): Name and address of Insurance Company ("Company"): OFFICL4L TITZE OFPROJECT.• TENNIS COURTS RESURFACING Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy') or in any endorsement now or hereafter attached thereto, it is agreed as follows: The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply sepazately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered asthird-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. ]n the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives al] rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street, 2°a Floor Seal Beach CA 90740 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. Page D-49 TYPE OF COVERAGES TO WHICH LIMITS OF THIS ENDORSEMENT ATTACHES LIABILITY POLICY PERIOD FROM/ TO Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to above coverages. Includes: ^ Any Automobiles ^ All Owned Automobiles ^ Non-owned Automobiles ^ Hired Automobiles ^ Scheduled Automobiles ^ Garage Coverage ^ Truckers Coverage ^ Motor Carrier Act ^ Bus Regulatory Reform Act ^ Public Livery Coverage 11. A ^ deductible or ^ self-insured retention (check one) of $ applies to all coverages) except: (if none, so state). The deductible is applicable ^ per claim or ^ per occurrence (check one). 12. This is an ^ occurrence or ^ claims made policy (check one). 13. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number . I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (®riginal signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) Page D-50 EX~IIBI~' D-3 ADDI'I'I®NAL INSURED END®RSEIVIEN7C [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY) Page D-51 EXIIIBIT E ACI~NOWLEDGM]ENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS Page D-52 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Page D-53 Public Contract Code § 20103.5: In all contracts subject to this part where federal funds aze involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registraz of Contractors verifies to the agency that the records of the Contractors' State License Boazd indicate that the contractor was properly licensed at the time the contract was awazded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Boazd. The agency shall include a statement to that effect in the standazd form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: Class: Expiration Date: Date: Page D-54 EX~$IBI~' ~+' LAB®R LAW RE~ZJ~2EMEI~TTS Page D-55 AGREEAIIENT TO COiVIPLY WITH CALIFORRIIA LABOR LAVA REQUIREIIAENTS [Labor Code §§ 1720,1773.8, 1775, 1776,1777.5,1813,1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failwe to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Duector of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accwate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hows. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day dwing which such worker is required or permitted to work more than 8 hows in any one calendar day and 40 hows in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secwe the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am•aware of the provisions of Section 3700 of the Labor Code which require every employer to be inswed against liability for worker's compensation or to undertake self-inswance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date Signatwe Page D-56 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND UVAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: Tennis Courts Resurfacing Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) ]ndemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an lndemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name: Name: By: Page D-57 By: Its Its APPENDICES ~ RESURFACING PLAN v~ ` I ~~~ Y P ~~\~ ~ ~ .\\\e, LEGEND: ® COURT RESURFACING I ~a~m _. ~ i q `~ xra~ CERfERNE RVILE 3 u 3 F i5 u b 1 1~ ~ ~( TYPICAL COURT NOT TO SCALE CONSTRUCTION NOTES: PROTECT IN PLACE. O APPLY TWO COATS OF GREEN COLOR PER MANUFACTURER'S GUIDELINES. i 0 0 F- C•~ ~ I W I- G~ I I 03 APPLY TWO COATS OF BLUE COLOR PER MANUFACTURER'S GUIDELINES. ® FURNISH AND INSTALL VINYL WINDSCREEN 60FT. X 10FT. O FURNISH AND INSTALL VINYL WINDSCREEN 120FT. X 10FT. © FURNISH AND INSTALL OPEN MESH POLYPROPYLENE WINDSCREEN 20FT. X 6FT. NOTES: 1. CONTRACTOR SHALL COORDINATE WITH THE CITY OF SEAL BEACH RECREATION DEPT. TO VERIFY SCHEDULING OF RESURFACING COURTS. CONTACT PROGRAM FACILITATOR, TIM KELSEY, AT (562) 431-2527 EXT. 1341. 2. ALL COURT RESURFACING SHALL BE CHECKED BY ENGINEER AFTER WORK IS COMPLETED. 3. EACH COAT SHOULD BE COMPLETELY DRY BEFORE APPLYING SUBSEQUENT COATS.! ,~ C+- `~ ~~ (~cs2 a,~ J*~~ ~uac~v ~~ oflYari~a TENNIS COURTS RESURFACING REVISIONS RESURFACING PLAN BG1004 RESURFACING LIMIT