CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: December 20, 2022
SUBJECT: Approval of Purchase and Installation Agreement with Shaw Sports Turf California, Inc. for the Synthetic Sports Turf Surface Replacement at Chapparosa Park
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the Purchase and Installation Agreement with Shaw Sports Turf California, Inc. for the Synthetic Sports Turf Surface Replacement at Chapparosa Park in the amount of $536,464;
2. Authorize the Public Works Director/City Engineer to process change orders in an amount not to exceed 20% of the total contract for $107,293, for a total not-to- exceed amount of $643,757, if needed;
3. Authorize the City Manager to execute the Purchase and Installation Agreement for the Synthetic Sports Turf Surface Replacement at Chapparosa Park, with Shaw Sports Turf California Inc., subject to the City Attorney making non-substantive changes; and,
4. Authorize the Public Works Director/City Engineer to execute the Notice of Completion at the conclusion of construction.
BACKGROUND
The City of Laguna Niguel owns and maintains five public sports parks with over 10 acres of synthetic turf sports fields (Attachment "A") that contribute to recreational opportunities and the overall aesthetics of the community. The replacement of the synthetic turf sports field at Chapparosa Park last occurred in 2013. The recommended industry standard is to replace synthetic turf every 8 to 12 years to ensure proper sports field performance and safety. Staff recommend replacing the synthetic turf sports field at Chapparosa Park because it has reached the end of its useful life.
This project will fully replace the synthetic turf sports field at Chapparosa Park to include leveling of the infill material and drainage improvements as required. This project supports City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
A vicinity map is provided in Attachment "B."
ANALYSIS
In accordance with the City's Purchasing Policy, staff obtained pricing for the replacement synthetic turf sports field at Chapparosa Park using cooperative contract pricing from Shaw Sports Turf California, Inc. ("Shaw Sports Turf"), provided by Sourcewell. Shaw Sports Turf, was awarded Sourcewell agreement # 060518-SIl to provide synthetic sports turf surfaces. A copy of the Sourcewell agreement is on file with the City Clerk's Office.
The City is a member agency of Sourcewell, a municipal agency that leverages the purchasing power of more than 50,000 member agencies and provides competitively solicited cooperative contracts. Sourcewell uses the same bidding procedure as the City to solicit, evaluate, and award cooperative contracts for goods and services. The use of cooperative contracts provides access to better pricing and streamlines routine purchases by removing repetitive and resource intensive bidding processes.
In addition to the pricing from Shaw Sports Turf, staff solicited quotes for synthetic turf from multiple qualified vendors. The results are summarized below:
Contractor Base Price
Shaw Sports Turf California, Inc. (Recommended) $536,464 KYA Services, LLC $678,713
The Track and Turf Doctor $712,160
After reviewing the quotes, staff recommend awarding Shaw Sports Turf for the Synthetic Sports Turf Surface Replacement at Chapparosa Park. Shaw Sports Turf is the largest American-owned and operated synthetic turf company in the world and provided the lowest base price. Shaw Sports Turf will remove the existing synthetic turf, inspect the existing base and re-grade as appropriate, install the replacement synthetic turf and related materials, and provide an eight-year manufacturer's warranty. Staff recommends approving the Purchase and Installation Agreement with Shaw Sports Turf for the Synthetic Sports Turf Surface Replacement at Chapparosa Park. Staff also recommends a 20% contingency of the total contract amount of $536,464 for a total not-to-exceed amount of $643,757. The contingency will cover unforeseen conditions that may occur with the substrate and drainage for the synthetic turf sports field.
Construction is expected to begin in January 2023 with an estimated completion by March 2023. The contractor will complete all work between the hours of 8 AM and 5 PM, Monday through Friday.
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines - California Code of Regulations, Chapter 3 (Guidelines for
Implementation of CEQA), Article 19 (Categorical Exemptions), Section 15301 (Existing Facilities), Subsection (c).
ALTERNATIVES CONSIDERED
1. The City Council may decide not to approve the Purchase and Installation Agreement with Shaw Sports Turf. Staff believes that separately bidding the project will not result in lower bids.
2. The City Council could direct staff to defer the project to a future date. As a result of this action, the synthetic turf at Chapparosa Park will likely deteriorate further and may not perform as designed.
FISCAL REVIEW
There is adequate funding available in the Fiscal Year 2022-23 Capital Improvement Program. The total project budget is $700,000 and the estimated construction cost with contingency is $643,757, which is summarized below:
Funding Sources Expenditures
Contract $536,464
American Rescue Plan $700,000 20% Contingency for
Change Orders $107,293
Total Estimated
Total Funding $700,000 Project Expenditures $643,757
LEGAL REVIEW
The City Attorney's Office has reviewed the Purchase and Installation Agreement and approved as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve the Purchase and Installation Agreement with Shaw Sports Turf California, Inc. for the Synthetic Sports Turf Surface Replacement at Chapparosa Park in the amount of $536,464;
2. Authorize the Public Works Director/City Engineer to process change orders in an amount not to exceed 20% of the total contract for $107,293, for a total not-to- exceed amount of $643,757, if needed
3. Authorize the City Manager to execute the Purchase and Installation Agreement for the Synthetic Sports Turf Surface Replacement at Chapparosa Park, with Shaw Sports Turf California Inc., subject to the City Attorney making non-substantive changes; and,
4. Authorize the Public Works Director/City Engineer to execute the Notice of Completion at the conclusion of construction.
Tamara S. Letourneau
City Manager (Public Works Director/City Engineer
For
Bruce Lindemann Scott Frame
Maintenance Services Manager Parks & Landscape Maintenance Superintendent
Attachments:
A. Location Map
B. Vicinity Map
C. Purchase and Installation Agreement
ATTACHMENT A
Location Map
La Paz Rd
My Laguna Niguel
Skate and Soccer Park
Aliso Creek Rd
La Paz Sports Park Cabot Rd
Moulton Pkwy
Alicia Pkwy
Crown Valley
Highlands Ave Community Park
Crown Valley Pkwy
Pacific Island Dr Marina Hills Dr
Chapparosa Park
Golden Lantern
Niguel Rd
Bear Brand Park
Legend
Camino Del Avion
Park Area
Five Parks with Synthetic Turf Sports Fields
Location Map
ATTACHMENT B
Vicinity Map
Springbrook Rd
Vicinity Map
Chapparosa Park Rd
Legend
Replacement Project
Chapparosa Park Soccer Field Synthetic Turf
Replacement Project
Vicinity Map
ATTACHMENT C
Purchase and Installation Agreement
PURCHASE AND INSTALLATION AGREEMENT
FOR SYNTHETIC SPORTS TURF SURFACE REPLACEMENT AT CHAPPAROSA PARK
THIS PURCHASE AND INSTALLATION AGREEMENT (this "Agreement") is entered into as of (the "Effective Date") by and between the CITY OF LAGUNA NIGUEL, a California municipal corporation, hereinafter the "City", and Shaw Sports Turf California, Inc., a Georgia corporation, hereinafter the "Contractor", who has been qualified by the California Secretary of State to conduct business in the state of California and is made with reference to the following:
RECITALS
A. City requires the removal of the existing synthetic sports turf and replacement of that turf with a new synthetic sports turf surfacing material at Chapparosa Park, as detailed in the Scope of Services and Schedule of Billing Rates attached hereto as Exhibit A (the "Project").
Contractor has examined the location of all proposed work, has carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement.
Contractor has full access to the material and special pricing under Sourcewell Contract No. 06518-SII (the "Cooperative Contract") and all applicable provisions are incorporated herein
D. The City is a member of Sourcewell (Member No. 29780) and is authorized to use the Cooperative Contract and the City has obtained pricing for the material to be provided under this Agreement pursuant to the Cooperative Contract as allowed by Laguna Niguel Municipal Code Section 3-6-7(5).
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. SCOPE OF WORK
1.1 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, Contractor shall provide all tangible materials and perform all the services (the "Services") described in the Scope of Services, including applicable provisions of the Cooperative Agreement, attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used under -1-
reasonably competent practitioners of the same discipline under similar circumstances and that all materials will be of good quality.
At all times herein, Contractor shall maintain performance and payment bonds each in an amount of not less than 100% of the Contract Price, and in such form as attached to this Agreement and approved by the City Attorney.
At all times herein, Contractor shall possess a valid California State Contractor's License, [Class B], License No. 10000038339.
The provisions of this Agreement shall govern over any conflicting provisions contained in any exhibit hereto.
1.2 Contractor shall perform all required services, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project.
2. TIME OF PERFORMANCE
2.1 Time is of the essence in the performance of the Services under this Agreement and Contractor shall complete the Project installation and implementation within the time set forth in Exhibit A. Failure of Contractor to meet this schedule may result in termination of this Agreement by City.
2.2 Force Majeure. The time period(s) specified in Exhibit A for performance of Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of and without the fault or negligence of Contractor, including but not restricted to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor notifies the City in writing of the cause of the delay within ten (10) days of the commencement of such delay. City shall ascertain the facts and extent of delay, and may extend the time for performing the Services for the period of the enforced delay when and if, in the judgment of the City, such delay is justified. City's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, and Contractor's sole remedy being the extension of this Agreement pursuant to this Section 2.2.
3. TERM
Unless earlier terminated in accordance with Section 17 of this Agreement, this Agreement shall continue in full force and effect until completion of the Services agreed to herein.
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4. COMPENSATION
4.1 City shall pay Contractor for the Services on a fixed fee, not-to-exceed basis in accordance with the provisions of this Section and Exhibit A. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Five Hundred Thirty-Six Thousand Four Hundred and Sixty-Four Dollars ($536,464.00) without prior written authorization from City. No billing rate changes shall be made during the term of this A twenty (20%) contingency (allowance) of the total contract value in an amount of One Hundred Seven Thousand Two Hundred and Ninety-Three Dollars ($107,293.00) shall be added to the contractor's total bid proposal for unforeseen conditions or additional work related to this project. The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the project. The Contractor shall obtain written approval from the City for the use of the allowance
4.2 Contractor shall submit invoices to City describing the Services performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project but is not included within the Scope of Services and the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit A.
4.5 Contractor shall provide City with a minimum fourteen (14) days' notice of its dates of installation to enable the City to prepare the installation sites for the Products in accordance with the instructions of Contractor. The City shall complete site preparation prior to the date of installation of the products, and the site shall thereafter be available for inspection and approval. All costs and expenses related to the site preparation shall be at the sole expense of City.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of this Agreement. Contractor has designated Stephen Bingham to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City, which approval shall not be unreasonably withheld. -3-
6. ADMINISTRATION
This Agreement will be administered by the City Manager or her designee (the "Project Administrator") and the Project Administrator shall have the authority to act for City under this Agreement.
TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed unless approved in writing in advance by the Project Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (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 and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by judicial decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
8.2 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. -4-
Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project.
8.3 The rights and obligations set forth in this Section 8 shall survive the termination of this Agreement.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City.
The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service statutes or other right of employment shall accrue to Contractor or its employees.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project.
11. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain, at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference.
12. PREVAILING WAGES
12.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of worker needed to execute the work contemplated under the Agreement shall be paid to all workers employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification or type of worker or mechanic needed to execute the Agreement. A copy of the determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and -5-
regulations, including those set forth in Exhibit C hereto, and the parties agree that the City shall not be liable for any violation thereof.
Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work.
12.3 Contractor's DIR registration number is 1000007670.
12.4 This Agreement is also subject to the provisions of Exhibit D, Public Contract and Other State Code Requirements, attached hereto and incorporated by reference herein.
13. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.
14. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums.
15. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. -6-
15.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach of the Act and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section 15.
16. NOTICES
16.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third (3rd) business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:
City of Laguna Niguel
Attn: Public Works Director
3011 Crown Valley Parkway
Laguna Niguel, CA 92677
16.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:
Shaw Sports Turf California, Inc.
185 S. Industrial Blvd
Calhoun, CA 30701
17. TERMINATION
17.1 Termination With Cause. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non-defaulting party may terminate this Agreement forthwith by giving the defaulting party written notice thereof. In the event that the default cannot be cured within five (5) days, no such failure will be deemed to exist if the defaulting party has given the non-defaulting party adequate assurance of due performance and commenced to cure such default within such period, such cure efforts are prosecuted to completion with reasonable diligence, and in any event are completed with thirty (30) days.
17.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section 17, City shall pay Contractor for Services satisfactorily performed and costs incurred in the performance of such Services up to the effective date of termination for which Contractor has not previously been paid. In the -7-
event of termination under this Section 17, City shall also pay Contractor for all products, associated materials, and hardware delivered to the site under this Agreement that City deems usable.
18. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has visited the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Services.
19. ANTITRUST CLAIMS
Pursuant to Public Contract Code Section 7103.5, Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
20. WARRANTY
For all products provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purposes). All other warranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit A.
21. REPRESENTATIONS
21.1 Authority. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder.
21.2 No Other Representations. Each party acknowledges and agrees that it is relying on no representation of the other party except as expressly set forth herein. -8-
22. ASSIGNMENT
This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of the City and the Contractor.
23. STANDARD PROVISIONS
23.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.
23.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Services prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.
23.3 Waiver. A waiver by either party of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
23.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
23.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.
23.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
23.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
23.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.
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23.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law.
23.11 Attorneys' Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled.
23.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL,
A MUNICIPAL CORPORATION
By:
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin,
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Christopher F. Neumeyer
City Attorney
"CONTRACTOR"
Shaw Sports Turf California, Inc.
a Georgia Corporation
By: _
Print Name:
Title:
By:
Print Name:
Title:
Attachments:
Exhibit A - Scope of Services and Fee Schedule
Exhibit B - Insurance Requirements
Exhibit C - California Labor Law Requirements
Exhibit D - Public Contract and Other State Code Requirements -11-
EXHIBIT A
SCOPE OF SERVICES AND
FEE SCHEDULE
-A-1-
shaw: FIELD K
866.703.4004
SPORTS TURF 185 South Industrial Blvd.
DIRECT
Calhoun, GA 30701
CALIFORNIA www.shawsportsturf.com PURCHASING PROGRAM
December 9, 2022
Project: Chapparosa Park
Synthetic Turf, Infill and Sundries
Laguna Niguel, CA
Shaw Sports Turf California is pleased to provide the following proposal for your upcoming project:
Product Pile Wt. (oz) Description Area/SF (+/-) Price
Legion NXT 2.25 56 oz Turf, Infill & Installation 60,812 $332,532 Supplies
Removal, Disposal, Grading,
Labor 60,812 $203,932
Installation
Replace Nailer Board as LF
Nailer Board needed $13
Additional Stone needed for Per ton $75
Leveling Stone levling low spots
Payment and Performance 1.5% of Total Contract
P&P Bonding Bonding L.S.
(Est. $8,047)
Notes: This proposal includes any and all taxes, freight, and similar charges. All appropriate taxes will be charged unless proof of tax-exempt status/certificate is supplied to Shaw Sports Turf related to the project.
Pricing based on, and in compliance with the Shaw Sports Turf Field Direct Purchasing Program. The Field Direct Purchasing Program is comprised of several national and local cooperative and group purchasing organization contracts that provide predetermined and preferential pricing, leveraging volume buying power. Purchases under such contracts may be subject to additional terms and conditions. These purchasing programs and contracts have been bid publicly and competitively. *Pricing based on Shaw Sports Turf/Sourcewell contract # 060518-SII Shaw Sports Turf California, Inc.
Contractor's License Number: 1014087
California DIR # 1000038339
Tax- Use tax of 7.75% for materials & freight included with this quotation Scope of work includes:
Removal and proper, lawful disposal of existing synthetic turf system Samples, submittal information, shop drawings as required. • Price based upon Shaw Sports Turf standard colors for each product (custom color yams not included) Supply and install turf system infill materials - Rubber and Silica Sand :
Supply and install tufted and inlaid game field markings:
One (1) GMA lest performed upon completion of each field Lines/Markings - Soccer Shaw
Turf
shaw 1 Watershed
shawgrass® Geosynthetics™
SPORTS TURF SOUTHWEST GREENS
shaw: FIELD K
866.703.4004
SPORTS TURF 185 South Industrial Blvd.
DIRECT
Calhoun, GA 30701
CALIFORNIA www.shawsportsturf.com PURCHASING PROGRAM
Payment & Performance Bond (1)
All usable remnants of new material generated by Shaw Sports Turf shall become property of owner.
Quote based upon use of Shaw Sports Turf standard adhesive; other adhesives at additional cost.
Shaw Sports Turf Standard (8) Year Manufacturer's Warranty for our turf products only.
Maintenance-instruction and training for best practices in field care and maintenance and review of the Shaw Sports Turf Maintenance Manual.
• • Prices based upon prevailing wage schedule in effect at time of proposal.
Prices based upon one mobilization. If the site is not ready and additional mobilizations are necessary additional charges will apply for each re-mobilization.
Scope of Work Exclusions. This Proposal and Shaw's scope of work expressly excludes:
Any additional insurance policies and construction permits : Any infill, pad, any additional logos, painted lines, installation labor, independent testing, surveys, bonding, maintenance visits, maintenance training for owner or grooming equipment not listed in above scope
Any Union Wages or Union Requirements
Design services, engineering, construction drawings, storm water management, architectural/engineering inspections, geotechnical testing, site survey or independent testing.
• Any contaminated soils, unsuitable soils, hazardous material removal and/or remediation including rock/disposal/analysis/testing. included in the Scope of Work above
Independent testing of synthetic turf not already included in the Scope of Work above.
Any storm water measures including sediment/erosion control measures beyond scope Any additional storm water detention or retention requirements that may be required by local or state jurisdiction is not included in our scope . Installation of concrete pads or asphalt paving unless damaged during construction • Any field markings, lettering or logos not mentioned above • Civil Site Construction-Shaw Sports Turf shall not be responsible for the base, including site demolition, drainage systems, sub-grade work, grading, soil stabilization, rock excavation, stone base or concrete curbs and/or nailer boards, asphalt paving, track surface or track and field events. • Locating, relocation, removal, supply, installation and/or repair of any existing or proposed Conditions
• This bid proposal and its acceptance is subject to Force Majeure and delays beyond •
site.
/Shaw
Turf
shaw shawgrass 2 & Watershed
SPORTS TURF SOUTHWEST GREENS® Geosynthetics
GRASS
Shaws FIELD Y
866.703.4004
SPORTS TURF. 185 South Industrial Blvd.
DIRECT
Calhoun, GA 30701
CALIFORNIA www.shawsportsturf.com
PURCHASING PROGRAM
Any existing infill material to be re-used in new Shaw Sports Turf system is subject to inspection and verification to ensure quantity, quality and performance requirements are met. • Proposal contingent upon executed contract approved by Shaw Sports Turf. • Proposal amount is subject to the payment terms established upon credit review by Shaw Sports Turf Financial
Services at project award or approval.
" Changes in the specifications and/or scope of work are subject to change orders and may require additional charges and/or fees added to the agreed contract price. Changes in the scope of work require appropriate change order submittal, approval and execution from the appropriate parties.
: Shaw Sports Turf shall not be bound by any liquidated damages or penalty clauses.
Proposal and Contract Prices) are subject to increase. Items that may affect increases) include but are not limited to: raw material costs, freight costs, manufacturing costs, labor cost, taxes, etc. Prices are subject to change 30 days from proposal date This proposal expires thirty (30) days after the Proposal Date written above. Please contact me wit any questions regarding this proposal.
. Currently, the synthetic turf industry is experiencing supply chain disruptions across several raw material channels. Due to these extraordinary circumstances, Shaw can not guarantee any new projects for :
2022 installation date. We will place your project into the queue in the order it is received and we will do everything to expedite the manufacturing process.
Please contact me if you any questions about the above.
Jason Kyzer
RVP - West
423.605.5400
Shaw Sports Turf California, Inc.
[email protected]
Shawi
Turf
shaw shawgrass® 3 28 Watershed
SPORTS TURF SOUTHWEST GREENS Geosynthetics™
Project Schedule
City of Laguna Niguel
Chapparosa Park
Task Name Duratior Start Finish Jan 15 Jan 29 Feb 12 Feb 19 Feb 26 Mor 5
SMTWTESSMTWTESSMTWTFSSMTWTFSSMTWTFSSMTWTFSSMTWTESSMTWT
1D Removal & Disposal 01/16/23 01/19/23 [Removal & Dsposal Remova/Disposal 01/16/23 0118823 _ Removal Disposal
Cleanup 01/19/23 01/19/23
+• Base Work 01/19/23 : 01124123 Base Work
Potential Nailer Replacement /01/19/23 01/20223 Potential Naler Replacement Evaluate Base/Planarity 01/23/23 01/23/23 Evaluate Base Panarty Permablity Test 101/2423 01/24/23 Permabity Test
E New Turf Installation 01/25/23 New Turf Installation
Turf Installation 210 0125/23 02127123
hEll 02/28/23
EXHIBIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the ype and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident.
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4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
C. Primary and Non Contributory. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency's own insurance or self-insurance shall be called upon to protect it as a named insured.
Notice of Cancellation. Vendor agrees to oblige its insurance agent or broker and insurers to provide to Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of -B-2-
insurance required by giving Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation
C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees.
Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City.
G. City Remedies for Non-Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to -B-3-
monitor the handling of any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
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EXHIBIT C
CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", , Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
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Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. Pursuant to Labor Code Section 1771.4, Contractor and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner.
8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.
10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
-C-2-
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.
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EXHIBIT D
PUBLIC CONTRACT AND OTHER STATE CODE REQUIREMENTS
In accordance with Government Code Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
All claims arising out of or related to his Project, and the consideration and payment of such claims, are subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. For purposes of this Section, "claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for (i) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City, (ii) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract Documents, payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or (iii) payment of an amount that is disputed by the City. The Contractor or any Subcontractor must file a claim in accordance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable). (See Article 48, Procedure for Resolving Disputes, of General Conditions. In addition to compliance with Public Contract Code Section 9204 and Article
1.5, filing a claim in accordance with the Government Claims Act (Government Code Section 810 et seq.) is a prerequisite to filing any lawsuit against the City relating to this Agreement.
In the event of any delays arising from the current COVID-19 (Coronavirus) epidemic or any pandemic, as defined by the United States Centers for Disease Control and Prevention, the Contractor shall be entitled to an extension of the Contract time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as required by Section 7102 of the Public Contract Code. No extension of time will be granted for any such delay unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.
Pursuant to Public Contract Code Section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification.
Contractors are required by law to be licensed and regulated by the Contractors State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826. (See B&PC s7030) -D-1-
Bond No.
CITY OF LAGUNA NIGUEL
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Laguna Niguel, California ("hereinafter referred to as CITY"), rewarded to as the "Contractor/Principal" a contract for the work described hereinafter Project
in the amount of Dollars
_) ("Penal Sum");
WHEREAS, said Contractor/Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract which contract is incorporated herein by reference;
NOW, THEREFORE, we, the undersigned Contractor, as Principal, and as Surety, a California admitted
surety insurer, are held and firmly bound unto the CITY for one hundred percent (100%) of the total amount payable by the CITY under the terms of the contract awarded by CITY to the Contractor/Principal, lawful money of the United States of America for 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 said
Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or a subcontractor, 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 said contract which is attached hereto and incorporated herein by reference and any alteration and/or amendments thereof, made as therein provided, including, but not limited to, the provisions regarding contract duration and liquidated damages, all within the time and in the manner therein designated in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the contract, the above obligation shall hold good for a period of one (1) years) after the acceptance of the work by CITY, during which time if Contractor/Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the CITY from loss or damage made evident during the period of one (1) years) from the date of completion of the work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligation of Surety hereunder shall continue so long as any obligation of Contractor remains.
Whenever Contractor/Principal shall be, and is declared by the CITY to be, in detault under the contract, the CITY having performed the CITY's obligations thereunder, the Surety shall promptly remedy the default in a manner mutually agreeable to both CITY and SURETY:
SURETY's takeover of the performance obligations to complete the contract by entering into an agreement with a completion contractor with terms and conditions consistent with the original contract between CITY and Contractor; or
2. SURETY shall obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, prepare a contract between such bidder and the CITY (to the CITY's satisfaction), and make available as work progresses sufficient funds to pay the cost of completion less the balance of the contract price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the Penal Sum.
The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor/Principal by the CITY under the contract and any modifications thereto, less the amount previously properly paid by the CITY to the Contractor/Principal.
Surety expressly agrees that the CITY may reject any contractor or subcontractor, which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize Contractor/Principal in completing the contract nor shall Surety accept a bid from Contractor/Principal for completion of the work if the CITY, when declaring the Contractor/Principal in default, notifies Surety of the CITY's objection to Contractor's/Principal's further participation in the completion of the work.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the CITY named herein or the successors or assigns of the CITY.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Project documents, or of the work to be performed thereunder, shall in any way affect its obligations on this bond; and it does hereby waive notice of any change, extension of time, alteration or modification of the Project documents or of work to be performed thereunder.
The prevailing party on any dispute (whether legal, equitable, or otherwise) regarding the interpretation, enforcement, and respective rights and obligations under this Performance Bond shall be entitled to recovery of reasonable attorney's fees and costs (including but not limited to consultant's and/or expert fees and costs)..
IN WITNESS HEREOF, we have hereto set our hands and seals on this day of _, 2022.
NOTE:
1. This Bond must be executed in duplicate and dated.
2. All signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached
3. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT.
4. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PRINCIPAL'S SIGNATURE
Contractor-Principal Name:
By:
Signature (above)
Type or Print Name:
Note: Attach the Notary Public Acknowledgement of Principals Signature
SURETY'S SIGNATURE
Surety's Name:
By:
Signature of Attorney-in-Fact for Surety (above)
Type or Print Name of Attorney-in-Fact:
Note: Attach (i) Attorney-In-Fact Certification; (ii) Notary Public Acknowledgment of Authorizing Signature on Attorney-Fact Certification; and (iii) Notary Public Acknowledgement of Attorney-In-Fact's Signature
CONTACT INFORMATION FOR NOTICES TO THE SURETY
Contact Name:
Mailing Address:
City, State, Zip Code:
Email Address:
Telephone No.:
APPROVED AS TO FORM:
Christopher F. Neumeyer
City Attorney
City of Laguna Niguel
Bond No.
LABOR AND MATERIALS PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Laguna Niguel ("Public Agency"), State of California, has awarded to the Contractor ("Principal")
a contract (the "Contract") for the Work described as follows:
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and 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 and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ _), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
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 representatives) pursuant to authority of its governing body.
Dated:
1. All signatures must be notarized, and evidence of the authority of any person Signing as attorney-in-fact must be attached
2. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT.
3. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PRINCIPAL'S SIGNATURE
Type or Print Name:
Title:
By:
Signature (above)
Address:
Note: Attach the Notary Public Acknowledgement of Principal's Signature
SURETY'S SIGNATURE
Surety's Name:
By:
Signature of Attorney-in-Fact for Surety (above)
Type or Print Name of Attorney-in-Fact:
Note: Attach (i) Attorney-In-Fact Certification; (ii) Notary Public Acknowledgment of Authorizing Signature on Attorney-Fact Certification; and (iii) Notary Public Acknowledgement of Attorney-In-Fact's Signature
CONTACT INFORMATION FOR NOTICES TO THE SURETY
Contact Name:
Mailing Address:
City, State, Zip Code:
Email Address:
Telephone No.:
APPROVED AS TO FORM:
Christopher F. Neumeyer
City Attorney
City of Laguna Niguel
CITY OF LAGUNA NIGUEL
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the Agency prior to performing any work on the contract:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's compensation or to undertake self-insurance in accordance with the 0, та і отру ». provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract."
Contractor
By
Print Name
Signature
Title
Date
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent compensation that may become due to his employee."
CITY OF LAGUNA NIGUEL
GUARANTY
In accordance with the terms of the _ Contract in the
City of Laguna Niguel approved Nique, (aeria ter releed to as the Agency and the undersited, the City of Contract the undersigned shall complete work as described in the contract documents, the following guarantee of said work is hereby made.
Should any of the items installed pursuant to said contract, prove defective or should the Item as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the said item or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which the work is accepted by the Agency, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within thirty (30) days after the receipt of demand from the Agency. In the event repairs are not made within thirty (30) days, the Agency shall have the unqualified option to make any needed repairs or replacements itself or by any other Contractor. The undersigned agrees to reimburse the Agency, upon demand, of its expenses incurred in restoring said items to the condition contemplated in said contract, including the cost of any equipment or successfully as originally contemplated.
Emergency repairs must necessarily be made by the Agency; therefore, when defective material or workmanship results in emergency repairs, the undersigned agrees to reimburse the Agency, upon demand, expenses incurred
Said items will be deemed defective within the meaning of this Guaranty in the event that they fail to operate as originally intended thereof and in accordance with the plans and pecifications included in said contract. The Faithful Performance Bond for this project hall remain in full force and effect for the entire quarantee period as required in the specifications and contract documents.
Date Contractor