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Embellece El Centro Town Square Renovation JOINT SEALANTS El Centro, California SECTION 07 92 00-4
A. Products: Subject to compliance with requirements, provide one of the products indicated for each type in the sealant schedule at the end of Part 3.
2.02 MATERIALS - GENERAL
A. Colors of Exposed Joint Sealants: As selected by Architect from manufacturer's full range.
B. Concealed Sealants: Manufacturer’s standard colors.
C. Compatibility: Provide joint sealants, backings, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on field experience.
2.03 ELASTORMERIC JOINT SEALANTS
A. Elastomeric Sealant Standard: Comply with ASTM C920 and other requirements indicated for each liquid applied chemically curing sealant in the Elastomeric Joint-Sealant Schedule at the end of Part 3, including those referencing ASTM C920 classification for type, grade, class, and uses.
B. Additional Movement Capability: Where additional movement capability is specified in the Elastomeric Joint-Sealant Schedule, provide products with the capability, when tested for adhesion and cohesion under maximum cyclic movement per ASTM C719, to withstand the specified percentage change in the joint width existing at the time of installation and remain in compliance with other requirements of ASTM C920 for uses indicated.
C. Stain-Test-Response Characteristics: Where elastomeric sealants are specified in the Elastomeric joint-Sealant Schedule to be non-staining to porous substrates, provide products that have undergone testing according to ASTM C 1248 and have not stained porous joint substrates indicated for Project.
2.04 ACOUSTICAL JOINT SEALANT
A. Acoustical Sealant for Exposed and Concealed Joints: manufacturer’s standard nonsag, paintable, non-staining, non-hardening, paintable latex sealant complying with ASTM C 834 and the following:
1. Products effectively reduces airborne sound transmission through perimeter joints and openings in building construction as demonstrated by testing representative assemblies according to ASTM E 90.
2. Subject to compliance, available products but not limited to:
a. AC-20 FTR Acoustical and Insulation Sealant; Pecora Corporation. b. SHEETROCK Acoustical Sealant; United States Gypsum Co.
2.05 JOINT-SEALANT BACKING
A. General: Provide sealant backings of material and type that are non-staining; are compatible with joint substrates, sealants, primers, and other fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing.
B. Cylindrical Sealant Backings: ASTM C 1330, of type indicated below and of size and density
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ot control sealant depth and otherwise contribute to producing optimum sealant performance:
1. Type C: Closed-cell material with a surface skin.
C. Elastomeric Tubing Sealant Backings: Neoprene, butyl, EPDM, or Silicone tubing complying with ASTM D 1056, non-absorbent to water and gas, and capable of remaining resilient at temperatures down to minus 26 deg F. Provide products with low compression set and of size and shape to provide a secondary seal, to control sealant depth, and otherwise contribute to optimum sealant performance.
D. Bond-Braker Tape: Polyethylene tape or other plastic tape recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint-filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide self-adhesive tape where applicable.
2.06 MISCELLANEOUS MATERIALS
A. Primer: Material recommended by joint-sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint-sealantsubstrate tests and field tests.
B. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials, free of oily residues or other substances capable of staining or harming joint substrates and adjacent nonporous surfaces in any way, and formulated to promote optimum adhesion of sealants with joint substrates.
C. Masking Tape: Non-staining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints.
PART 3 – EXECUTION
3.01 EXAMINATION
A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting joint-sealant performance.
B. Proceed with installation only after unsatisfactory conditions have been corrected.
3.02 PREPARATION
A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint-sealant manufacturer's written instructions and the following requirements:
1. Remove all foreign material from joint substates that could interfere with adhesion of joint sealant, including dust, paints (except permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer), old joint sealants, oil grease, waterproofing, water repellants, water, surface dirt, and frost.
2. Clean porous joint substrate surfaces by brushing, grinding, blast cleaning, mechanical abrading, or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. Remove loose particles remaining from above cleaning operations by vacuuming or blowing out
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joints with oil-free compressed air. Porous joint surfaces include the following:
a. Concrete.
b. Masonry.
c. Unglazed surfaces of ceramic tile.
d. Stone tile.
3. Remove laitance and form-release agents from concrete.
4. Clean nonporous joint substrate surfaces with chemical cleaners or other means that do not stain, harm substrates, or leave residues capable of interfering with adhesion.
Non-porous joint surfaces include the following:
a. Metal.
b. Glass.
c. Porcelain enamel.
d. Glazed surfaces of ceramic tile.
B. Joint Priming: Prime joint substrates where recommended by joint-sealant manufacturer or as indicated by preconstruction joint-sealant-substrate tests or prior experience. Apply primer to comply with joint sealant manufacturer’s written instructions. Confine primers to areas of joint-sealant bond; do not allow spillage or migration onto adjoining surfaces.
C. Masking Tape: Use masking tape where required to prevent contact of sealant or primer with adjoining surfaces that otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal.
3.03 INSTALLATION OF JOINT SEALANTS
A. General: Comply with ASTM C 1193 and joint-sealant manufacturer's written installation instructions for products and applications indicated unless more stringent requirements apply.
B. Install sealant backings of kind indicated to support sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability.
C. Install bond-breaker tape behind sealants where sealant backings are not used between sealants and backs of joints.
D. Install sealants using proven techniques that comply with the following and at the same time backings are installed:
1. Place sealants so they directly contact and fully wet joint substrates.
2. Completely fill recesses in each joint configuration.
3. Produce uniform, cross-sectional shapes and depths relative to joint widths that
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allow optimum sealant movement capability.
E. Tooling of Non-Sag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants to form smooth, uniform beads of configuration indicated. Use tooling agents that are approved in writing by sealant manufacturer and that do not discolor sealants or adjacent surfaces.
1. Remove excess sealants from surfaces adjacent to joint.
2. Use tooling agents that are approved in writing by sealant manufacturer and that do not discolor sealants or adjacent surfaces.
3. Provide concave joint profile per Figure 8A in ASTM C 1193 unless otherwise indicated.
3.04 JOINT DIMENSIONS
A. Joint dimension shall be as shown on the drawings. In joints up to 1/4 inch in width the depth of the sealant shall be the same as the joint width.
B. In open joints over 1/4-inch-wide, the depth of the sealant shall be approximately one-half the width of the joint, but in no case less than 1/4 inch deep.
C. When open joints exceed the depth requirements, insert backup material to the necessary depth stated above. If not, place bond breaker tape in bottom of joint.
D. When perimeter joints around frames that are to be sealed do not have built-in stops, insert backup material to provide a joint with a minimum depth of 3/8 inch and a maximum depth of 1/2 inch.
3.05 FIELD QUALITY CONTROL
A. Field-Adhesion Testing: Field test joint-sealant adhesion to joint substrates as follows:
1. Extent of Testing: Test completed, and cured sealant joints as follows:
a. Perform 10 tests for the first 1000 feet of joint length for each kind of sealant and joint substrate.
b. Perform one test for each 1000 feet of joint length thereafter or one test per each floor per elevation.
2. Test Method: Test joint sealants by hand-pull method described below:
a. Make knife cuts from one side of joint to the other, followed by two cuts approximately2 inches long at sides of joint and meeting cross-cut at one end. Place a mark 1 inch cross-cut end of the 2-inch piece. b. Use fingers to grasp the 2-inch piece of sealant between cross-cut end and 1-inch mark; pull firmly at a 90-degree angle or more in direction of side cuts while holding a ruler along side of sealant. Pull sealant out of the joint to the distance recommended by sealant manufacturer for testing adhesive capability, but not less than that equaling specified maximum movement capability in extension; hold this position for 10 seconds.
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c. For joints with dissimilar substrates, check adhesion to each substrate separately. Do this by extending cut along one side, checking adhesion to opposite side, and then repeating this procedure for opposite side.
B. Evaluation of Field-Adhesion-Test Results: Sealants not evidencing adhesive failure from testing or noncompliance with other indicated requirements will be considered satisfactory.
Remove sealants that fail to adhere to joint substrates during testing or to comply with other requirements. Retest failed applications until test results prove sealants comply with indicated requirements.
3.06 ELASTOMERIC JOINT-SEALANT SCHEDULE
A. JS-1 - Low Modulus Nonacid-Curing Silicone Sealant: Where joint sealants of this type are indicated. Meets ASTM C 920.
1. Products: Provide one of the following, but not limited to:
a. DOWSIL 790; Dow Corning.
b. Silpruf; GE Silicones.
c. 864; Precora Corporation.
d. Spectrem 1; Tremco Inc.
2. Color: Match architect’s samples(s) or Architect will select from the standard range of colors from the sealant manufacturer.
3. Type S, Grade NS, Class 100/50,
4. Use related to Exposure: NT (non-traffic).
5. Uses Related to Joint Substrates: M (Mortar), G (Glass), A (Aluminum), O (Other).
6. Applications: Exterior, horizontal and vertical joints.
B. JS-2 - Urethane: Multicomponent, pourable urethane joint sealant (self-leveling). Meets ASTM C 920.
1. Products: Provide one of the following, but not limited to:
a. MasterSeal SL 2; BASF Corporation Construction Systems. b. Chem-Calk 5550SL; Bostik, Inc.
c. Iso-Flex 880 GB; LymTal International.
d. Dynatrol II SG; Pecora Corporation.
e. Stampede-2SL; Sherwin-Williams Company.
f. THC 900/901; Tremco Inc.
2. Type M, Grade P, Class 25.
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3. Use related to Exposure: T (traffic) and NT (non-traffic).
4. Applications/ Locations: Parking deck, ramps, driveways, sidewalk joints, and industrial flooring.
C. JS-2a - Urethane: Multicomponent, pourable urethane joint sealant (self-leveling). Meets ASTM C 920.
1. Products: Provide one of the following, but not limited to:
a. MasterSeal SL 2; BASF Corporation Construction Systems. b. Chem-Calk 5550SL; Bostik, Inc.
c. Iso-Flex 880 GB; LymTal International.
d. Dynatrol II SG; Pecora Corporation.
e. Stampede-2SL; Sherwin-Williams Company.
f. THC 900/901; Tremco Inc.
2. Type M, Grade P, Class 35.
3. Use related to Exposure: T (traffic) and I (immersible).
4. Use related to Joint Substrate: M, A, O.
5. Applications/ Locations: Parking deck, ramps, driveways, sidewalk joints, and industrial flooring.
D. JS-3 - Silicone: Single component Neutral-curing, non-sag silicone sealant. Meets ASTM C920.
1. Products: Provide one of the following, but not limited to:
a. SCS2700 Silfruf LM; GE Construction Sealants.
b. Sikasil WS-290; Sika Corporation.
c. Spectrem 2; Tremco Inc.
2. Type S, Grade NS, Class 100/50.
3. Use related to Exposure: NT (non-traffic).
4. Use related to joint Substrate: M, G, A, O.
5. Applications/ Locations: Control joints in precast concrete panels and metal curtain walls. Weather seal in glass-to-glass butt joint glazing, and weather seal in nonstructural glazing applications, including cap, toe and heel beads.
E. JS-4 - Mildew-Resistant joint sealant: Formulated for prolonged exposure to humidity with fungicide to prevent mold and mildew growth. Meets ASTM C 920.
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1. Products: Provide one of the following, but not limited to:
a. 786-M White; Dow Corning Corporation.
b. SCS 1700 Sanitary; GE Construction Sealants.
c. RTV GP; Soudal USA.
d. Tremsil 200; Tremco Inc.
2. Type S, Grade NS, Class 25.
3. Use related to Exposure: NT (non-traffic).
4. Use related to joint substrate: A, G, O.
5. Applications/ Locations: Around fixtures in restrooms, locker rooms, swimming pool facilities and lavatories.
F. JS-5 - Silicone: Medium modulus elastomeric sealant for weatherproofing porous stone and metal panel substrates, ASTM C 920.
1. Products: Provide one of the following, but not limited to:
a. 756 SMS; Dow Corning Corporation.
b. SilPruf NB; GE Construction Sealants.
c. 895 NST; Pecora Corporation.
d. Spectrum 3; Tremco Inc.
2. Type S, Grade NS, Class 50
3. Use related to Exposure: NT (non-traffic)
4. Use related to joint substrate: M, G, A, O.
5. Movement: Plus-minus 50 percent.
6. Applications/ Locations: Joints between natural stone, metal panels, perimeter seals around window frames.
G. JS-6 – Silicone: Paintable sealant ASTM C 920.
1. Product:
a. GE: Paintable Silicone Supreme Window & Door Sealant or equivalent.
2. Type S, Grade NS, Class 25
3. Use related to Exposure: NT (non-traffic).
4. Use related to joint substrate: G, A, O.
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5. Applications/ Locations: windows, doors, siding, trim, decks, lattice, soffits, and vents.
H. JS-7 - Foam-in-place Gap Sealer: Minimal expanding, single component polyurethane in aerosol cans; “Great Stuff” or “Great Stuff Pro” by Dupont or accepted equal.
1. Sealer shall be UL listed as Class 1 sealant.
2. Sealer shall conform to recommendations included in AAMA 812.
3. Applications/ Locations: Filling gaps between window/door frames and walls, nonrated penetrations, etc.
3.07 MISCELLANEOUS SEALING WORK
A. The entire extent of sealing work is not necessarily fully or individually described herein.
Sealing shall be provided wherever required to prevent light leakage as well as moisture leakage. Refer to drawings for conditions and related parts of the work.
B. All penetrations and openings in exterior walls shall be sealed in compliance with CAC Title 24 standards.
3.08 PROTECTION
A. Protect joint sealants during and after curing period from contact with contaminating substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately so installation with repaired areas are indistinguishable from the original work.
3.09 CLEANING
A. Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by methods and cleaning materials approved in writing by manufacturers of sealants and by products in which the joint occurs.
END OF SECTION
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Embellece El Centro Town Square Renovation CEMENT PLASTERING El Centro, California SECTION 09 24 00-1
SECTION 09 24 00
CEMENT PLASTERING
PART 1 – GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.
1.02 SECTION INCLUDES
A. Supply and installation of base coat, reinforcing mesh and finish installed over Portland cement stucco.
1.03 RELATED SECTIONS
A. Section 07 25 00 – Weather Barriers.
B. Section 07 62 00 – Sheet Metal Flashing and Trim
1.04 REFERENCES
A. ASTM A123 Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products.
B. ASTM A525 Standard Specification for General Requirements for Steel Sheet, Zinc-Coated (Galvanized) by the Hot-Dip Process.
C. ASTM C35 Standard Specification for Inorganic Aggregates for Use in Gypsum Plaster Abstract.
D. ASTM C926 Standard Specification for Application of Portland Cement-Based Plaster.
E. ASTM C932 Standard Specification for Surface-Applied Bonding Compounds for Exterior Plastering.
1.05 QUALITY ASSURANCE
A. Codes and Reference Standards: In addition to complying with all pertinent codes and regulations, comply with the following:
1. "Lathing and Plastering Reference Specifications" published by California Lathing and Plastering Contractor's Association (CLPA).
2. ANSI A42.2, Specifications for Portland Cement and Portland Cement-Lime Plastering, Exterior (Stucco) and Interior.
3. ANSI A42.3, Specifications for Lathing and Furring for Portland Cement and Portland Cement-Lime Plastering, Exterior (Stucco) and Interior.
1.06 SUBMITTALS
A. Prepare one 48-inch x 48-inch sample panel of each texture specified, for approval by the
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Architect before starting any work.
B. Submit Manufacturer's Data for all items specified.
PART 2 – PRODUCTS
2.01 LATHING MATERIALS AND ACCESSORIES
A. Finishes: Manufacturer's standard steel products unless indicated as zinc alloy. Where not otherwise indicated, provide manufacturer's standard galvanized finish on steel products except as follows:
1. Exterior Components: Hot-dip galvanized finish; ASTM A525 G90 for 18 gauge and lighter formed metal products, ASTM A123 galvanized after fabrication for 16 gauge and heavier products.
2. Exterior Exposed Plastering Accessories: Provide zinc alloy accessories for exterior work, except where fully concealed in plaster, or specified otherwise.
B. Underlayment:
1. Base Layer: Refer to Section 07 25 00 – Weather Barriers.
2. Outer Layer: Refer to Section 07 25 00 – Weather Barriers.
C. Metal Lath: Type SF, self-furring, welded, double wire type, 3/8-inch deep furred Stucco Netting, by K-Lath Corp. or equal.
D. Accessories: Coordinate depth of accessory with thickness of and number of coats of plaster to be applied. All exposed accessories shall be finished to match plaster color.
1. Small-Nose Corner Beads: Expanded type with 2 7/8-inch wide flanges, Keene, #1- X, or equal.
2. Cornerite: Manufacturer's standard preformed corner reinforcement made from 2.5 lb. per sq. yd. diamond mesh lath.
3. Exterior Casing Beads: Manufacturer's standard with expanded flange to suit application, square-edged.
4. Expansion Joints: Manufacturer's standard roll-formed XJ-15. Provide with removable protective tape to keep joints clean.
5. Corner Reinforcement: Special stucco-type woven galvanized wire corner reinforcing strips.
6. Foundation Screed: Type 7 weep screed, 26 gauge.
7. Window and Door Corner Reinforcing: Patches Butterfly reinforcing, 2.5 lb lath, by Cemco, or equal.
E. Anchorages: Tie wire, nails, screws, and other approved metal supports, of type and size to suit application and to rigidly secure lathing materials in place; galvanized coated.
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2.02 PORTLAND CEMENT PLASTER (STUCCO)
A. Gun plastic portland cement machine application of base coats shall conform to ASTM C926, Type I or II. Plasticizing agents may be added in manufacturing process not to exceed 12% of the total volume.
B. Sand used for plaster shall be clean and well graded from coarse to fine and shall conform to ASTM C35.
C. Water used for plaster shall be clean and free from deleterious amounts of acid, alkali, and organic materials.
D. Stucco Finish Coat: Factory mixed and packaged and complying with the general requirements of the "Specifications and Standards of Manufactured Stucco Finishes" prepared by the Stucco Manufacturer's Association, by La Habra, Squires-Belt, Expo Stucco or equal.
1. Stucco shall be integral color as indicated.
a. Color: As indicated on drawings.
b. Texture: As indicated in subsection 3.04.A.3.
E. Bonding Agent: Complying with ASTM C932, nonoxidizing, non-crystallizing, unaffected by reapplication of moisture.
PART 3 – EXECUTION
3.01 INSPECTION
A. Examine the areas and conditions under which work of this Section will be performed.
Correct conditions detrimental to the proper and timely completion of the Work. Do not proceed until unsatisfactory conditions have been fixed.
3.02 FURRING AND LATH INSTALLATION AT METAL FRAMING
A. Install two layers of underlayment over all surfaces in accordance with manufacturer’s instructions.
1. Install base layer per Section 07 25 00 – Weather Barriers.
2. Install outer layer per Section 07 25 00 – Weather Barriers.
B. Erect lath as required for cement plaster in accordance with referenced standards.
1. Lath shall be discontinuous at all control/expansion joints.
C. Provide solid backing each side of cut metal lath.
D. Wrap horizontal surfaces with additional layer of underlayment.
E. On horizontal surfaces, seal all nails penetrating backing paper with mastic.
F. Corner Reinforcement: Install corner reinforcement at all corners of windows and doors.
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3.03 EXPANSION/CONTROL SCREEDS
A. Install expansion control joint screeds where indicated and specified herein. Provide horizontal and vertical screeds at door frame and window openings, and in field not to exceed 10 feet on center, or as shown. Limit of area shall not exceed 144 square feet.
Length of panels shall not exceed 2-1/2 times the width.
B. Provide corner metal reinforcing at all corners, and metal edge screeds at all locations where plaster abuts dissimilar materials.
C. Door and Window Reinforcing: Install corner reinforcing at all doors and windows per manufacturer’s installation instructions.
3.04 PLASTERING
A. Application:
1. Scratch Coat: Completely cover mesh lath in one heavy coat approximately 3/8-inch thick.
2. Brown Coat: Scratch and brown to total 3/4-inch thickness. Brown coat shall be brought to a true even surface by rodding and floating, and left ready to receive finish coat.
3. Exterior Finish Coat: Texture shall be "Fine” to match approved samples; to total thickness of 7/8-inch.
B. Curing: Cure portland cement plaster by maintaining each coat in a moist condition following application; keep enclosed and fog-spray (after initial set) as required to prevent dry-out.
1. Keep scratch coat moist for 48 hours before installation of brown coat.
2. Keep brown coat moist for 48 hours after installation and then let dry out.
3. Cure brown coat for a minimum of 10 days before installation of finish coat.
4. Cure finish coat a minimum of 14 days before application of water repellant coatings.
C. Complete all plaster work in the same plane and panel each day; do not stop short, such as at an expansion joint, etc.
D. Plaster surfaces shall be true and flat, edges straight and even.
E. Tolerances: Finish all plaster true and even within a tolerance of one in 500, leaving the finished surface free from tool marks and all other blemishes.
F. Cleaning Metal Accessories: Wipe all metal accessories clean after application of each coat.
G. Patching: Patch and repair all damaged plaster surfaces due to other trades, improper protection, or incomplete work of this Section.
1. Damage includes both physical and color damage.
2. Any patching or repair shall match adjacent color and texture.
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3.06 CLEAN-UP AND PROTECTION
A. Always keep premises clean and orderly, and adequately protect all other work from damage due to the work of this section.
B. Upon final completion of this work, clean off spatters, remove all tools, equipment and unused materials and cuttings. Leave the work in a clean orderly manner.
END OF SECTION
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Embellece El Centro Town Square Renovation CERAMIC TILING El Centro, California SECTION 09 30 13-1
SECTION 09 30 13
CERAMIC TILING
PART 1 – GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.
1.02 SECTION INCLUDES
A. Exterior ceramic tiling for walls.
B. Ceramic tiling accessories.
1.03 QUALITY ASSURANCE
A. Reference Standards:
1. American National Standards Institute (ANSI)
a. A108.1-1992 Glazed Wall Tile, Ceramic Mosaic Tile, Quarry Tile and Paver Tile Installed with Dry-Set Portland Cement Mortar.
b. A108.5-1999 Ceramic Tile Installed with Dry-Set Portland Cement Mortar or Latex-Portland Cement Mortar.
c. ANSI A118.6-1999 Recommended Specifications for Ceramic Tile Grouts. d. ANSI A137.1-1999 Recommended Specifications for Ceramic Tile. e. ANSI A118.1 Dry-set Portland cement mortar
f. ANSI A118.4 Latex Portland cement mortar.
g. ANSI A118.6 Ceramic tile grouts.
h. ANSI A137.1 Ceramic tile.
2. Tile Council of America, Inc. (TCA): Handbook for Ceramic Tile Installation, current edition.
1.04 SUBMITTALS
A. Samples: Submit in duplicate.
1. Exterior Wall Tile: Three tiles per sample for each color and type.
2. Grout: Each color selected.
B. Certificates:
1. Master Grade Certificates:
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a. Conform to ANSI A137.1.
b. State grade, kind of tile, identification marks or tile packages, and name and location of project.
c. Issued and signed by manufacturer when tile is shipped.
C. Manufacturer's Data: Submit manufacturer's data for all items to be supplied under this section of work.
D. Manufacturer's Instructions: Furnish manufacturer's instructions for use of mortars, adhesives, and grouts.
E. Shop Drawings: Submit shop drawings indicating tile pattern layout and layout of all expansion joints. Resubmitting copies of Architectural plans will not be acceptable.
1.05 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Deliver materials in manufacturer's original sealed containers.
1. Labels legible and intact identifying brand name and contents.
2. Tile cartons grade-sealed by manufacturer in accordance with ANSI A137.1.
3. Grade-seals unbroken.
4. Manufactured mortars and grouts to contain hallmarks certifying compliance with reference standards and be types recommended by tile manufacturer for application.
B. Store materials under cover in manner to prevent damage or contamination.
1.06 JOB CONDITIONS
A. Environmental:
1. Install mortar, set and grout tile when surface temperature is minimum 50°F (10°C) and rising but no more than 90°F (32°C).
2. Do not install mortar, set or grout tile when inclement weather conditions are expected within 48 hours after work is completed.
3. Protection: Protect adjoining work surfaces before tile work begins.
1.07 EXTRA STOCK
A. Provide owner with an additional five percent of each type of tile in unopened packages clearly labeled.
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PART 2 – PRODUCTS
2.01 EXTERIOR WALL TILE
A. Ceramic Tile: Colorbody porcelain ceramic tile.
1. Basis-of-Design Product: Subject to compliance with requirements, provide colorbody porcelain ceramic tile as noted in the Finish Schedule in Drawings.
2. Surface: Scratch-resistant, stainproof, dentproof.
3. Size, Style and Color: See Finish Schedule in Drawings.
2.02 SETTING MATERIALS
A. Portland Cement Mortar Installation Materials: Provide materials to comply with ANSI A108.1 as required for installation method designated, unless otherwise indicated.
B. Thin-Set Portland Cement Mortar: Where thin-set portland cement mortar applications are indicated, use the following unless otherwise indicated:
1. Laticrete 255, Multimax Multipurpose Thin Set Mortar, ANSI A118.4, by Laticrete International, or equal.
2.03 GROUTING MATERIALS
A. Epoxy Grout: Proprietary two component pre-blended compound of portland cement, selected and graded aggregates, color pigments, resin and hardener and chemical additives gaged with latex additive to comply with manufacturer's directions.
B. Manufacturers: Custom Building Products, or equal.
1. Grout shall be non-sanded.
2. Color: As selected by Architect from manufacturer’s full range of standard colors.
3. Joint Width: All joints between tiles shall be 1/8-inch unless noted otherwise.
2.04 MISCELLANEOUS MATERIALS
A. Sealants: Refer to Section 07 92 00 – Joint Sealants.
B. Transition Strip: Metal transition trim, by Schluter Systems, 1/8-inch thick, clear satin anodized aluminum. Contractor to use appropriate Schluter strip relative to thickness of tile.
C. Tile Cleaner: Product specifically acceptable to manufacturer of tile sealer, tile and grout manufacturer for application indicated.
D. Grout Sealer: "SurfaceGard Sealer", by TileLab, or equal.
E. Grout Release: Glaze-N-Seal, AquaMix, or equal.
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PART 3 – EXECUTION
3.01 INSPECTION
A. Examine surfaces to receive tile work and conditions under which tile will be installed. Do not proceed with tile work until surfaces and conditions comply with requirements indicated in referenced tile installation standard (ANSI AN-3 and A-3).
B. Condition of surface to receive tile:
1. Assure that surfaces to receive tile are stable, flat, firm, dry, clean and free of oil, waxes and curing compounds or any material that would interfere with direct bonding.
2. Protect adjacent surfaces prior to beginning tile work.
3.02 INSTALLATION, GENERAL
A. ANSI Tile Installation Standards: Comply with applicable parts of ANSI 108 series of tile installation standards included under "American National Standard Specifications for the Installation of Ceramic Tile".
B. TCA Installation Guidelines: TCA "Handbook for Ceramic Tile Installation (latest adopted edition)"; comply with TCA installation methods indicated or, if not otherwise indicated, as applicable to installation conditions shown.
C. Extend tile work into recesses and under or behind equipment and fixtures, to form a complete covering without interruptions, except as otherwise shown. Terminate work neatly at obstructions, edges and corners without disrupting pattern or joint alignments.
D. Accurately form intersections and returns. Perform cutting and drilling of tile without marring visible surfaces. Carefully grind cut edges of tile abutting trim, finish or built-in items for straight aligned joints. Fit tile closely to electrical outlets, piping, fixtures and other penetrations so that plates, collars, or covers overlap tile.
E. Jointing Pattern: Unless otherwise shown, lay tile in grid pattern. Align joints when adjoining tiles on floor, base, walls and trim are same size. Layout tile work and center tile fields in both directions in each space or on each wall area. Adjust to minimize tile cutting. Provide uniform joint widths, unless otherwise shown.
1. Laying Out Tilework: Lay out work so that, as far as possible, no tile less than half full size occurs. For heights stated in feet and inches on the drawings, maintain full courses to produce the nearest obtainable height using standard bases and trim.
Lay out tiles on walls so that fields and patterns center exactly on individual wall areas.
F. For tile mounted in sheets make joints between tile sheets same width as joints within tile sheets so that extent of each sheet is not apparent in finished work.
G. Expansion Joints: Locate expansion joints and other sealant filled joints, including control, contraction and isolation joints, where indicated, or if not indicated, at no more than 24 feet on center in each direction, and as recommended in TCA "Handbook for Ceramic Tile Installation", and approved by Architect.
1. Joints must be carried through all layers of installation materials, including tile,
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directly over joints in substrate. Provide additional joints in tile work to align with all structural joints in concrete slabs.
2. Where joints in slab do not correspond to joints in tile work, provide manufacturer’s recommended slip sheet to bridge over joints in slab.
a. Prepare joints and apply sealants to comply with requirements of referenced standards and sealant manufacturer.
H. Grout tile to comply with referenced installation standards, using grout materials indicated.
1. Apply grout release prior to grouting in accordance with manufacturer’s recommendations.
I. Mix and install proprietary components to comply with grout manufacturer's directions.
3.03 GROUT
A. Install grout in accordance with ANSI108.10 - 1999 and manufacturer's directions.
1. Proper curing of grout entails covering installation with non-staining kraft paper for a period of 72 hours.
3.04 TILE AND GROUT SEALING
A. Before Grouting: Apply tile sealer to all surfaces prior to grouting to allow for easy clean-up after grouting. Apply material according to manufacturer’s recommendations.
B. After Grouting: After removing all excess residue and haze from tiles per manufacturer’s recommendations, apply tile sealer to all grout joints and complete tile surfaces per manufacturer’s recommendations.
3.05 SEALANTS
A. After curing, remove spacers, and dry and clean all joints requiring caulking. Prime all joints to be caulked with primer recommended by the manufacturer of the caulking. Caulking shall be expertly applied, beaded smooth and concave, without protruding beyond adjacent surfaces. Caulking shall match color of grout in adjacent joints.
3.06 CLEANING AND PROTECTION
A. Cleaning: Upon completion of placement and grouting, clean all ceramic tile surfaces in accordance with manufacturer's recommendations so they are free of foreign matter. Polish tiles with dry, clean cloth (cheese cloth is recommended).
B. Unglazed tile shall be cleaned with acid solutions when permitted by tile and grout manufacturer's printed instructions, but no sooner than 14 days after installation. Protect metal surfaces, cast iron and vitreous plumbing fixtures from effects of acid cleaning. Flush surface with clean water before and after cleaning.
C. Finished Tile Work: Leave finished installation clean and free of cracked, chipped, broken, unbonded, or otherwise defective tile work.
D. Protection: Apply a protective coat of neutral protective cleaner to completed tile walls and floors. Protect installed tile work with Kraft paper or other heavy covering during construction
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period to prevent staining, damage and wear.
E. Prohibit foot and wheel traffic from using tiled floors for at least 7 days after grouting is completed.
F. Before final inspection, remove protective coverings and rinse neutral cleaner from tile surfaces.
END OF SECTION
City of El Centro 10/23/2025
Embellece El Centro Town Square Renovation EXTERIOR PAINTING El Centro, California SECTION 09 91 13-1
SECTION 09 91 13
EXTERIOR PAINTING
PART 1 - GENERAL
1.01 SUMMARY
A. This Section includes surface preparation and the application of paint systems on the following exterior substrates:
1. Concrete.
2. Galvanized metal.
3. Aluminum (not anodized or otherwise coated).
B. Volume 1 - Contracting Requirements, and Division - 01 General Requirements apply to the Work of this Section.
1.02 QUALITY ASSURANCE
A. Regulatory Requirements: Comply with applicable codes and regulations of governmental agencies having jurisdiction including those having jurisdiction over airborne emissions and industrial waste disposal. Where those requirements conflict with this Specification, comply with the more stringent provisions.
B. Regulatory changes may affect the formulation, availability, or use of specified coatings.
Confirm availability of coatings to be used prior to job going out to bid and before start of painting project.
1. Comply with the current applicable regulations of the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA).
1.03 ACTION SUBMITTALS
A. Submit under provisions of Section 01 30 00.
B. Samples for Initial Selection: For each type of topcoat product.
C. Samples for Verification: For each type of paint system and each color and gloss of topcoat.
1. Submit Samples on rigid backing, 8 inches square.
2. Step coats on Samples to show each coat required for system.
3. Label each coat of each Sample.
4. Label each Sample for location and application area.
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1.04 INFORMATIONAL SUBMITTALS
A. Product Data: For each type of product, include preparation requirements and application instructions.
B. Product List: For each product indicated, include the following:
1. Cross-reference to paint system and locations of application areas. Use same designations indicated on Drawings and in schedules.
2. Printout of current "MPI Approved Products List" for each product category specified, with the proposed product highlighted.
3. VOC content.
C. Maintenance Data.
1.05 ADDITIONAL MATERIALS
A. Provide an additional 1 gallon of each paint product/color used in the project for attic stock.
Color of mix shall be identified on the container.
PART 2 - PRODUCTS
2.01 GENERAL
A. Material Compatibility:
1. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience.
2. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated.
B. Dunn-Edwards Corporation is the standard of quality against which the Architect will judge equivalency. The quantity of titanium dioxide (prime pigments), the use of clays, aluminum silicate, talc and the purity of acrylic materials are the criteria which will be used by the Architect in determining equivalency of materials.
2.02 PRIMERS/SEALERS
A. Alkali-Resistant Primer:
1. 100% Acrylic.
2. Minimum 34% Volume Solids.
3. Minimum 9% Prime Pigment.
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2.03 METAL PRIMERS
A. Waterborne Galvanized-Metal Primer:
1. 100% Acrylic.
2. Minimum 37% Volume Solids.
3. Minimum 13% Prime Pigment.
B. Quick-Drying Primer for Aluminum:
1. Epoxy Ester.
2. Minimum 47% Volume Solids.
3. Minimum 22% Prime Pigment.
2.04 EXTERIOR LATEX PAINTS
A. Exterior Latex (Flat):
1. 100% Acrylic.
2. Minimum 39% Volume Solids.
3. Minimum 21% Prime Pigment.
B. Exterior Latex (Semigloss):
1. Acrylic.
2. Minimum 36% Volume Solids.
3. Minimum 20% Prime Pigment.
2.05 EXTERIOR PAINTING SCHEDULE
A. Concrete Substrates, Nontraffic Surfaces:
1. Latex Over Alkali-Resistant Primer System:
a. Prime Coat: Alkali-resistant primer.
b. Intermediate Coat: Exterior latex matching topcoat.
c. Topcoat: Exterior latex (flat).
B. Galvanized-Metal Substrates:
1. Latex Over Water-Based Primer System:
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a. Prime Coat: Waterborne galvanized-metal primer.
b. Intermediate Coat: Exterior latex matching topcoat.
c. Topcoat: Exterior latex (semigloss).
C. Aluminum Substrates:
1. Latex System:
a. Prime Coat: Quick-drying primer for aluminum.
b. Intermediate Coat: Exterior latex matching topcoat.
c. Topcoat: Exterior latex (semigloss).
D. Plastic Trim Fabrication Substrates:
1. Latex System:
a. Prime Coat: Bonding primer (water based).
b. Intermediate Coat: Exterior latex matching topcoat.
c. Topcoat: Exterior latex (flat).
PART 3 - EXECUTION
3.01 EXAMINATION
A. Examine substrates and conditions, with Applicator present, for compliance with requirements for maximum moisture content and other conditions affecting performance of the Work.
B. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter as follows:
1. Concrete: 12 percent.
2. Wood: 15 percent.
3. Masonry (Clay and CMU): 12 percent
4. Portland Cement Plaster: 12 percent
5. Gypsum Board: 12 percent
C. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers.
D. Proceed with coating application only after unsatisfactory conditions have been corrected.
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1. Application of coating indicates acceptance of surfaces and conditions.
3.02 PREPARATION
A. Comply with manufacturer's written instructions and recommendations in "MPI Manual" applicable to substrates and paint systems indicated.
B. Remove hardware, covers, plates, and similar items already in place that are removable and are not to be painted. If removal is impractical or impossible because of size or weight of item, provide surface-applied protection before surface preparation and painting.
1. After completing painting operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface-applied protection.
C. Clean substrates of substances that could impair bond of paints, including dust, dirt, oil, grease, and incompatible paints and encapsulants.
1. Remove incompatible primers and reprime substrate with compatible primers or apply tie coat as required to produce paint systems indicated.
D. Concrete Substrates: Remove release agents, curing compounds, efflorescence, and chalk. Do not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that permitted in manufacturer's written instructions.
E. Masonry Substrates: Remove efflorescence and chalk. Do not paint surfaces if moisture content or alkalinity of surfaces or mortar joints exceeds that permitted in manufacturer’s specifications
F. Steel Substrates: Remove rust, loose mill scale, and shop primer if any. Clean using methods recommended in writing by paint manufacturer, but not less than the following:
1. SSPC-SP 2, "Hand Tool Cleaning."
2. SSPC-SP 3, "Power Tool Cleaning."
3. SSPC-SP 7/NACE No. 4, "Brush-off Blast Cleaning."
4. SSPC-SP 11, "Power Tool Cleaning to Bare Metal."
G. Shop-Primed Steel Substrates: Clean field welds, bolted connections, and abraded areas of shop paint, and paint exposed areas with the same material as used for shop priming to comply with SSPC-PA 1 for touching up shop-primed surfaces.
H. Galvanized-Metal Substrates: Remove grease and oil residue from galvanized sheet metal by mechanical methods to produce clean, lightly etched surfaces that promote adhesion of subsequently applied paints.
I. Aluminum Substrates: Remove loose surface oxidation.
J. Wood Substrates:
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1. Scrape and clean knots. Before applying primer, apply coat of knot sealer recommended in writing by topcoat manufacturer for exterior use in paint system indicated.
2. Sand surfaces that will be exposed to view, and dust off.
3. Prime edges, ends, faces, undersides, and backsides of wood.
4. After priming, fill holes and imperfections in the finish surfaces with putty or plastic wood filler. Sand smooth when dried.
K. Plastic Trim Fabrication Substrates: Remove dust, dirt, and other foreign material that might impair bond of paints to substrates.
3.03 APPLICATION
A. Apply paints according to manufacturer's written instructions and recommendations in "MPI Manual."
1. Use applicators and techniques suited for paint and substrate indicated.
2. Paint surfaces behind movable items same as similar exposed surfaces. Before final installation, paint surfaces behind permanently fixed items with prime coat only.
3. Paint both sides and edges of exterior doors and entire exposed surface of exterior door frames.
4. Do not paint over labels of independent testing agencies or equipment name, identification, performance rating, or nomenclature plates.
5. Primers specified in painting schedules may be omitted on items that are factory primed or factory finished if acceptable to topcoat manufacturers.
B. Tint undercoats same color as topcoat, but tint each undercoat a lighter shade to facilitate identification of each coat if multiple coats of same material are to be applied. Provide sufficient difference in shade of undercoats to distinguish each separate coat.
C. If undercoats or other conditions show through topcoat, apply additional coats until cured film has a uniform paint finish, color, and appearance.
D. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks.
E. Painting Fire Suppression, Plumbing, HVAC, Electrical, Communication, and Electronic Safety and Security Work:
1. Paint the following work where exposed to view:
a. Uninsulated metal piping.
b. Uninsulated plastic piping.
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c. Pipe hangers and supports.
d. Metal conduit.
e. Plastic conduit.
f. Tanks that do not have factory-applied final finishes g. Other items as directed by the State
3.04 FIELD QUALITY CONTROL
A. Dry Film Thickness Testing: State may engage the services of a qualified testing and inspecting agency to inspect and test paint for dry film thickness.
1. Contractor shall touch up and restore painted surfaces damaged by testing.
2. If test results show that dry film thickness of applied paint does not comply with paint manufacturer's written recommendations, Contractor shall pay for testing and apply additional coats as needed to provide dry film thickness that complies with paint manufacturer's written recommendations.
3.05 CLEANING AND PROTECTION
A. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site.
B. After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces.
C. Protect work of other trades against damage from paint application. Correct damage to work of other trades by cleaning, repairing, replacing, and refinishing, as approved by the State, and leave in an undamaged condition.
D. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces.
END OF SECTION
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Embellece El Centro Town Square Renovation SIGNAGE
El Centro, California SECTION 10 14 00-1
SECTION 10 14 00
SIGNAGE
PART 1 – GENERAL
1.01 SUMMARY
A. This Section includes the following:
1. Dimensional characters.
2. Accessible parking signage.
1.02 REFERENCES
A. Underwriter's laboratory (UL) 746c - Standard for Safety of Polymeric Materials -- Use in Electrical Equipment Evaluations.
1.03 QUALITY ASSURANCE
A. Regulatory Requirements: Comply with applicable provisions in Americans with Disabilities Act Accessibility Guidelines (ADAAG) and CBC Chapter 11B.
1.04 SUBMITTALS
A. Submit under provisions of Section 01 30 00, “Submittals”.
B. Product Data: Manufacturer's illustrated product literature and specifications to be used, including:
1. Preparation instructions and recommendations.
2. Storage and handling requirements and recommendations.
3. Installation methods.
C. Shop Drawings: Submit detailed drawings of products and assemblies.
D. Selection Samples: For each finish product specified, two complete sets of color chips representing manufacturer's full range of available colors and patterns.
E. Verification Samples: For each finish product specified, two samples, minimum size 6 inches (150 mm) square representing actual product, color, and patterns.
1.05 QUALITY ASSURANCE
A. Manufacturer Qualifications: Manufacturer to have a minimum of 20 year experience in manufacturing letters.
B. Installer Qualifications: Minimum 2 year experience installing similar products.
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C. Sourcing: All signage shall be manufactured by one manufacturer.
D. Mock-Up: Provide a mock-up for evaluation of surface preparation techniques and application workmanship.
1. Finish areas designated by Architect.
2. Do not proceed with remaining work until workmanship is approved by Architect.
3. Rework mock-up area as required to produce acceptable work.
1.06 PRE-INSTALLATION MEETINGS
A. Convene minimum two weeks prior to starting work of this section.
1.07 DELIVERY, STORAGE, AND HANDLING
A. Deliver and store products in manufacturer's unopened packaging bearing the brand name and manufacturer's identification until ready for installation.
B. Handle materials to avoid damage.
1.08 PROJECT CONDITIONS
A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's recommended limits.
1.09 SEQUENCING
A. Ensure that products of this section are supplied to affected trades in time to prevent interruption of construction progress.
1.10 WARRANTY
A. Manufacturer's Warranty: Provide manufacturer's standard warranty against defects in materials and workmanship. Letters shall be guaranteed for the life of the business against defects.
PART 2 – PRODUCTS
2.01 MANUFACTURER
A. Subject to compliance with requirements, provide custom fabricated identifying signage as manufactured by Gemini Inc., Sign Pro Company, or approved equal.
2.02 MATERIALS
A. Aluminum Castings: ASTM B 26/B 26M, of alloy and temper recommended by sign manufacturer for casting process used and for use and finish indicated.
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B. Aluminum Extrusions: ASTM B 221, alloy and temper recommended by aluminum producer and finisher for type of use and finish indicated, and with at least the strength and durability properties of Alloy 6063-T5.
2.03 DIMENSIONAL CHARACTERS
A. Cast Characters: Produce characters with smooth flat faces, sharp corners, and precisely formed lines and profiles, free of pits, scale, sand holes, and other defects.
Cast lugs into back of characters and tap to receive threaded mounting studs. Alloy and temper recommended by sign manufacturer for casting process used and for use and finish indicated. Comply with the following requirements.
1. Character Material: Aluminum.
2. Character Size: All characters shall be sized as indicated in the Drawings.
3. Thickness: 1-inch.
4. Finish: Factory applied baked enamel finish after fabrication, color as indicated in the Drawings.
2.04 ACCESSIBLE PARKING SIGNAGE
A. Comply with Title 24, California Administrative Code, and as indicated. Signs shall be of steel with reflectorized porcelain finish, white lettering on blue background, and mounted on galvanized steel pipe supports or on building, as indicated in the Drawings.
2.05 ACCESSORIES
A. Anchors and Inserts: Provide nonferrous-metal or hot-dip galvanized anchors and inserts for exterior installations and elsewhere as required for corrosion resistance. Use toothed steel or lead expansion-bolt devices for drilled-in-place anchors. Furnish inserts, as required, to be set into concrete or masonry work.
2.06 FABRICATION
A. General: Provide manufacturer's standard signs of configurations indicated.
1. Welded Connections: Comply with AWS standards for recommended practices in shop welding. Provide welds behind finished surfaces without distortion or discoloration of exposed side. Clean exposed welded surfaces of welding flux and dress exposed and contact surfaces.
2. Mill joints to tight, hairline fit. Form joints exposed to weather to exclude water penetration.
3. Conceal fasteners if possible; otherwise, locate fasteners where they will be inconspicuous.
B. Illumination: Provide manufacturer’s standard backlighting configurations with LEDs as indicated on Drawings.
1. Mounting shall be Lexan back with removable can.
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El Centro, California SECTION 10 14 00-4
a. Minimum 1-1/2 inches deep cans up to 23 inches high. b. Minimum 2-1/2" deep cans 23 inches and higher.
2. Inside of cans shall be finished per manufacturer’s standard finish, or primed and painted gloss white if no manufacturer standard finish is available.
3. Lexan Back Fabrication:
a. Lexan backs shall be laser cut to fit within back of letter - recessed approx. 1/4 inch.
1) Up to 24 inches high letters shall receive 0.118 inch thick clear Lexan.
2) 24 inches high and higher shall receive 0.236 inch thick clear Lexan.
b. Lexan backs shall be secured to cans with custom L-brackets and stainless steel machine screws.
c. Power supply wire holes shall be drilled through Lexan backs at 1/4 inch (6 mm) diameter.
4. LED Mounting:
a. LED shall be positioned on inside of dimensional characters for proper halo lighting.
b. LEDs shall be secured to inside of dimensional characters with LED manufacturer's double face tape.
c. Every other module shall be additionally secured to inside of dimensional characters or Lexan back using custom plastic brackets. d. End LED module wires shall be capped with end cap.
5. Wiring:
a. Wiring components shall be UL approved components.
b. Power supply wire shall be run through Lexan back hole and secured to first module with UL approved wire nuts.
c. Wiring shall be performed by a licensed electrical contractor. d. LEDs shall be powered by 12V power supply in accordance with LED manufacturer's requirements.
6. Hardware:
a. Letters to stand off from wall to achieve desired halo effect. b. Stainless steel studs provided threaded into custom mounting brackets - through Lexan back.
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El Centro, California SECTION 10 14 00-5
c. Spacer Sleeves: Provided per stand-off requirements. d. Can Attachment: Panhead screws provided and painted same color as outside can.
2.07 ALUMINUM FINISHES
A. Baked-Enamel Finish: AA-C12C42R1x (Organic Coating: as specified below). Apply baked enamel complying with paint manufacturer's written instructions for cleaning, conversion coating, and painting.
1. Organic Coating: Thermosetting, modified-acrylic enamel primer/topcoat system complying with AAMA 2603 except with a minimum dry film thickness of 1.5 mils, medium gloss.
PART 3 – EXECUTION
3.01 EXAMINATION
A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of signage work.
B. Verify that sign-support surfaces are within tolerances to accommodate signs without gaps or irregularities between backs of signs and support surfaces unless otherwise indicated.
C. Do not begin installation until substrates have been properly prepared.
D. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding.
E. Verify that anchor inserts are correctly sized and located to accommodate signs.
F. Verify that electrical service is correctly sized and located to accommodate signs.
G. Proceed with installation only after unsatisfactory conditions have been corrected.
3.02 PREPARATION
A. Clean surfaces thoroughly prior to installation.
3.03 INSTALLATION
A. General: Install signs using mounting methods indicated and according to manufacturer's written instructions.
1. Install signs level, plumb, true to line, and at locations and heights indicated, with sign surfaces free of distortion and other defects in appearance.
2. Install signs so they do not protrude or obstruct according to the accessibility standard.
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3. Before installation, verify that sign surfaces are clean and free of materials or debris that would impair installation.
4. Corrosion Protection: Coat concealed surfaces of exterior aluminum in contact with grout, concrete, masonry, wood, or dissimilar metals, with a heavy coat of bituminous paint. Install disabled parking signs on pipe supports as indicated.
B. Mounting Methods:
1. Concealed Studs: Using a template, drill holes in substrate aligning with studs on back of sign. Remove loose debris from hole and substrate surface. a. Masonry Substrates: Fill holes with adhesive. Leave recess space in hole for displaced adhesive. Place sign in position and push until flush to surface, embedding studs in holes. Temporarily support sign in position until adhesive fully sets.
b. Thin or Hollow Surfaces: Place sign in position and flush to surface, install washers and nuts on studs projecting through opposite side of surface, and tighten.
C. Install exterior building signage as indicated above and in accordance with manufacturer’s recommendations.
3.04 ADJUSTING AND CLEANING
A. Remove and replace damaged or deformed signs and signs that do not comply with specified requirements. Replace signs with damaged or deteriorated finishes or components that cannot be successfully repaired by finish touchup or similar minor repair procedures.
B. Remove temporary protective coverings and strippable films as signs are installed.
C. On completion of installation, clean exposed surfaces of signs according to manufacturer's written instructions and touch up minor nicks and abrasions in finish.
Maintain signs in a clean condition during construction and protect them from damage until Acceptance of the Work.
3.05 PROTECTION
A. Protect installed products until completion of project.
B. Touch-up, repair or replace damaged products before Substantial Completion.
END OF SECTION
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Embellece El Centro Town Square Renovation DRILLED CONCRETE PIERS AND SHAFTS El Centro, California SECTION 31 63 29-1
SECTION 31 63 29
DRILLED CONCRETE PIERS AND SHAFTS
PART 1 - GENERAL
1.01 SUMMARY
A. Section Includes:
1. Dry-installed drilled piers.
1.02 UNIT PRICES
A. Drilled Piers: Actual net volume of drilled piers in place and approved. Actual length, shaft diameter, and bell diameter if applicable, may vary, to coincide with elevations where satisfactory bearing strata are encountered. These dimensions may also vary with actual bearing value of bearing strata determined by an independent testing and inspecting agency. Adjustments are made on net variation of total quantities, based on design dimensions for shafts and bells.
1. Base bids on indicated number of drilled piers and, for each pier, the design length from top elevation to bottom of shaft, extended through the bell, if applicable, and the diameter of shaft and bell.
2. Unit prices include labor, materials, tools, equipment, and incidentals required for excavation, trimming, shoring, casings, dewatering, reinforcement, concrete fill, testing and inspecting, and other items for complete drilled-pier installation.
B. Rock Measurement: Volume of rock actually removed, measured in original position, but not to exceed outside dimensions of drilled piers cast against rock. Unit prices for rock excavation include replacement with approved materials.
1.03 PREINSTALLATION MEETINGS
A. Preinstallation Conference: Conduct conference at site.
1.04 ACTION SUBMITTALS
A. Product Data: For each type of product.
B. Design Mixtures: For each concrete mixture.
C. Shop Drawings: For concrete reinforcement.
1.05 INFORMATIONAL SUBMITTALS
A. Welding certificates.
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B. Material certificates.
C. Material test reports.
D. Field quality-control reports.
1.06 CLOSEOUT SUBMITTALS
A. Record drawings.
1.07 QUALITY ASSURANCE
A. Welding Qualifications: Qualify procedures and personnel according to the following:
1. AWS D1.1/D1.1M, "Structural Welding Code - Steel."
2. AWS D1.4/D1.4M, "Structural Welding Code - Reinforcing Steel."
1.08 FIELD CONDITIONS
A. Project-Site Information: A geotechnical report has been prepared for this Project and is available for information only. The opinions expressed in this report are those of geotechnical engineer and represent interpretations of subsoil conditions, tests, and results of analyses conducted by geotechnical engineer. Owner is not responsible for interpretations or conclusions drawn from this data.
1. Make additional test borings and conduct other exploratory operations necessary for drilled piers.
2. The geotechnical report is included elsewhere in the Project Manual.
B. Survey Work: Engage a qualified land surveyor or professional engineer to perform surveys, layouts, and measurements for drilled piers. Before excavating, lay out each drilled pier to lines and levels required. Record actual measurements of each drilled pier's location, shaft diameter, bottom and top elevations, deviations from specified tolerances, and other specified data.
1. Record and maintain information pertinent to each drilled pier and indicate on record Drawings.
PART 2 - PRODUCTS
2.01 PERFORMANCE REQUIREMENTS
A. Drilled-Pier Standard: ACI 336.1 except as modified in this Section.
2.02 STEEL REINFORCEMENT
A. Reinforcing Bars: ASTM A615/A615M, Grade 60, deformed.
B. Low-Alloy-Steel Reinforcing Bars: ASTM A706/A706M, deformed.
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2.03 CONCRETE MATERIALS
A. Cementitious Material: Use the following cementitious materials, of same type, brand, and source, throughout Project:
1. Portland Cement: ASTM C150/C150M, Type II/V.
a. Fly Ash: ASTM C618, Class C orClass F.
b. Ground Granulated Blast-Furnace Slag: ASTM C989, Grade 100 or 120.
B. Normal-Weight Aggregate: ASTM C33/C33M, coarse aggregate or better, graded. , provide aggregate from a single source. Size per drawings.
1. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement.
C. Water: ASTM C94/C94M.
D. Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with other admixtures and that do not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride.
1. Water-Reducing Admixture: ASTM C494/C494M, Type A.
2. Water-Reducing and Retarding Admixture: ASTM C494/C494M, Type D.
3. High-Range, Water-Reducing and Retarding Admixture: ASTM C494/C494M, Type G.
4. Plasticizing and Retarding Admixture: ASTM C1017/C1017M, Type II.
2.04 STEEL CASINGS
A. Steel Pipe Casings: ASTM A283/A283M, Grade C, or ASTM A36/A36M, carbon-steel plate, with joints full-penetration welded according to AWS D1.1/D1.1M.
2.05 CONCRETE MIXTURES AND MIXING
A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial mixture or field test data, or both, according to ACI 301 (ACI 301M).
B. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than portland cement according to ACI 301 (ACI 301M) limits as if concrete were exposed to deicing chemicals.
C. Limit water-soluble, chloride-ion content in hardened concrete to 0.15 percent by weight of cement.
D. Proportion normal-weight concrete mixture as follows:
1. Compressive Strength (28 Days): as specified on drawings.
E. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C94/C94M, and furnish batch ticket information.
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PART 3 - EXECUTION
3.01 EXCAVATION
A. Unclassified Excavation: Excavate to bearing elevations regardless of character of surface and subsurface conditions encountered.
B. Classified Excavation: Excavation is classified as standard excavation, special excavation, and obstruction removal and includes excavation to bearing elevations as follows:
1. Standard excavation includes excavation accomplished with conventional augers fitted with soil or rock teeth, drilling buckets, or underreaming tools attached to drilling equipment of size, power, torque, and downthrust necessary for the Work.
2. Special excavation includes excavation that requires special equipment or procedures where drilled-pier excavation equipment used in standard excavation, operating at maximum power, torque, and downthrust, cannot advance the shaft.
3. Obstructions: Payment for removing unanticipated boulders, concrete, masonry, or other subsurface obstructions that cannot be removed by conventional augers fitted with soil or rock teeth, drilling buckets, or underreaming tools attached to drilling equipment of size, power, torque, and downthrust necessary for the Work is according to Contract provisions for changes in the Work.
C. Excavate shafts for drilled piers to indicated elevations. Remove loose material from bottom of excavation.
D. Notify and allow testing and inspecting agency to test and inspect bottom of excavation. If unsuitable bearing stratum is encountered, make adjustments to drilled piers as determined by Architect.
1. Do not excavate shafts deeper than elevations indicated unless approved by Architect.
2. Payment for additional authorized excavation is according to Contract provisions for changes in the Work.
E. End-Bearing Drilled Piers: Probe with auger to a depth below bearing elevation, equal to diameter of the bearing area of drilled pier. Determine whether voids, clay seams, or solution channels exist.
F. Temporary Casings: Install watertight steel casings of sufficient length and thickness to prevent water seepage into shaft; to withstand compressive, displacement, and withdrawal stresses; and to maintain stability of shaft walls.
1. Remove temporary casings, maintained in plumb position, during concrete placement and before initial set of concrete.
G. Bells: Excavate bells for drilled piers to shape, base thickness, and slope angle indicated.
Excavate bottom of bells to level plane and remove loose material before placing concrete.
H. Tolerances: Construct drilled piers to remain within ACI 336.1 tolerances.
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3.02 INSTALLATION
A. Install steel casings of minimum wall thickness indicated and of diameter not less than diameter of drilled pier.
B. Comply with recommendations in CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement.
C. Place concrete in continuous operation and without segregation immediately after inspection and approval of shaft by a qualified testing agency.
D. Place concrete to fall vertically down the center of drilled pier without striking sides of shaft or steel reinforcement.
E. Coordinate withdrawal of temporary casings with concrete placement to maintain at least a 60- inch (1500-mm) head of concrete above bottom of casing. Vibrate top 60 inches (1500 mm) of concrete after withdrawal of temporary casing.
3.03 FIELD QUALITY CONTROL
A. Special Inspections: Engage a qualified special inspector to perform the following special inspections:
1. Drilled piers.
2. Excavation.
3. Concrete.
B. Testing Agency: Engage a qualified testing agency to perform tests and inspections.
C. Drilled-Pier Tests and Inspections: For each drilled pier, before concrete placement.
1. Soil Testing: Bottom elevations, bearing capacities, and lengths of drilled piers indicated have been estimated from available soil data. Actual elevations and drilled-pier lengths and bearing capacities are determined by testing and inspecting agency. Final evaluations and approval of data are determined by Architect.
D. Concrete Tests and Inspections: ACI 301 (ACI 301M).
3.04 DISPOSAL OF SURPLUS AND WASTE MATERIALS
A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property.
END OF SECTION
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SECTION 32 13 13
CONCRETE PAVING
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work in this Section includes, but is not necessarily limited to, concrete paving, walkways, curbing/gutters, and driveways as shown on drawings and specified below.
B. Construction Means, Methods, Techniques, Sequences and Procedures.
1. The Contractor is solely responsible for, and has sole control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract.
2. Shoring, including shoring for structural foundations, structures, and trenching, that is required to complete the Work, is considered a method or technique and is the sole responsibility of the Contractor. If a regulatory agency requires a licensed Engineer to design, approve or provide drawings for shoring, then it is the sole responsibility of the Contractor to contract with a qualified Engineer for shoring design services.
3. Provide all necessary construction means, methods, techniques, sequences and procedures, including shoring design, for coordinating and completing all portions of the Work.
1.2 REFERENCES
Standard Specifications
1. City of El Centro Off-Site Construction Standards, current edition
2. Standard Specifications for Public Works Construction (SSPWC - "Green Book") 2021 Edition
3. State of California Department of Transportation Specifications (Current Edition) Geotechnical Report:
“City of El Centro Downtown Beautification Project Main Street- Between 4th Street and 8th Street El Centro, California” dated January 6th, 2025 prepared by Geocon Incorporated, including any subsequent addenda
Standard Drawings
1. City of El Centro Off-Site Construction Standards, current edition
2. San Diego Regional Standard Drawings (Current Edition)
3. State of California, Department of Transportation Standard Plans (Current Edition)
1.3 SUBMITTALS
A. Materials List/Samples
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1. Provide complete list of proposed materials for the Client’s Representative review.
2. Accompanying Materials List, submit proposed aggregate for color approval.
3. Samples for Verification: For each concrete type prepare samples as type indicated below. a. Integral color concrete: 4” x 4” samples. Provide two color samples with topcast finish for review and approval by City of El Centro Representative and the Landscape Architect prior to mockup.
4. Design Mixes: For each concrete paving mix. Include alternate design mixes when characteristics of materials, Project conditions, weather, test results, or other circumstances warrant adjustments.
B. Mock-up
Cast mockups of 6’ x 6’ sections of concrete pavement to demonstrate typical joints, surface finish, texture, color, and standard of workmanship for City of El Centro Representative and the Landscape Architect review and approval.
1. Integral color concrete: Build mockup panel 6’ x 6’ for each integral color concrete paving and finish. Locate on site as directed by City of El Centro Representative .
2. Concrete band: Build mockup panel 1’ x 6’ for concrete band paving and finish. Locate on site as directed by City of El Centro Representative .
3. Doweled expansion joint - include 1 joint in integral color concrete sample panels.
4. Expansion joint - include 1 joint in integral color concrete sample panels.
5. Control joint – include 1 joint in integral color concrete sample panels.
6. Notify City of El Centro Representative seven days in advance of dates and times when mockups will be constructed.
7. Obtain City of El Centro Representative’s approval of mockups before starting construction.
8. Maintain approved mockups during construction in an undisturbed condition as a standard for judging the completed pavement.
9. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless City of El Centro Representative and the Landscape Architect specifically approves such deviations in writing.
10. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion.
11. Demolish and remove non-approved mockups from the site.
C. Mix Design
1. Prior to installing concrete paving, submit a complete mix design for each mix that will be provided for the Work. Include water/cement ratio, size of coarse aggregate, amount of any admixtures, minimum compressive strength, maximum slump, air content percentage, and batch plant source.
2. Mix design shall be prepared by batch plant supplying concrete.
3. Changes in batch plant will require complete resubmittal process.
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D. Quality Assurance
1. Ready-Mix-Concrete Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C 94/C 94M requirements for production facilities and equipment.
2. ACI Publications: Comply with ACI 301 (ACI 301M) unless otherwise indicated.
E. Jointing Plan
1. Refer to sheet L1.0 Landscape Construction Plan for jointing layout.
PART 2 - PRODUCTS
2.1 DESIGN CRITERIA
A. All improvements shall be constructed per the referenced standards, the improvement drawings, and as specified in this Section.
2.2 CAST-IN-PLACE CONCRETE
A. General
1. All concrete shall be transit mixed, complying with ASTM C94.
2. All concrete shall be supplied from a single source, using a single cement supplier.
3. All cement shall be Portland cement, Type II, low alkali per ASTM C150, or Type V, and produced within the United States.
B. Product Characteristics: Paving/Flatwork:
1. Compressive Strength: 3250 psi
2. Coarse Aggregate:
a) Class C, No. 4 sieve, per Standard Specification Section 200-1.4. b) Aggregate shall be non-reactive per ASTM C 289, and shall comply with ASTM C33, Table 3, Class 4M.
c) Aggregate shall be batch plant selected to provide tan to buff color range. Aggregates exhibiting red, black, or gray color range shall not be used.
3. Cement Content: 560 pounds per cubic yard concrete
4. Slump: 4 inch maximum
5. Finish: Topcast. Grade 03 from GCP Applied Technologies Inc. Refer to Construction details.
6. Water-Cement Ratio: 0.55 maximum range per Standard Specification Section 201-1.3.3 City of El Centro
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7. Color: Color Admix for use in Integral colored concrete w/ releasing agent. Only commercially pure mineral pigments shall be used to produce the desired color and in no case shall they exceed 10% of the cement content by weight. Color shall be as specified on drawings. Coloring agent shall be used in strict conformity with manufacturer's specification. a. Integral color admixtures for color-conditioned concrete: Davis Colors, or approved equal.
C. Product Characteristics: Curbing, gutters, related drainage components.
1. Compressive Strength: 3250 psi per “Standard Specifications”
2. Aggregate: Class C per "Standard Specifications"
3. Cement Content: 560 pounds per cubic yard concrete
4. Slump: 4-inch maximum
5. Finish: Per Section 303-5.5.2 of "Standard Specifications," and with flatwork finishes as defined in this Section
6. Water-Cement Ratio: 0.55 maximum range per Standard Specification Section 201-1.3.3
2.3 PAVING BASE
A. All aggregate base material shall conform to Class 2 aggregate base as defined in Section 26-
1.02A of the latest edition of the Caltrans Standard Specifications.
B. Alternatively, base material should conform to the specifications for crushed aggregate base, crushed miscellaneous base, or processed miscellaneous base as defined in Section 200-2 of the latest edition of the Standard Specifications for Public Works Construction, “GREENBOOK”, or to the specifications for Class 2 aggregate base as defined in Section 400-2.4 of the Regional Supplement Amendments to the “Greenbook”.
2.4 REINFORCING STEEL
A. All deformed bar shall comply with Standard Specifications and per Drawings. Size per plan.
B. Metal Dowels for Concrete Jointing shall conform to current requirements of ASTM Designation A36. Dowels at expansion joints shall be 1/2" diameter rebar free of dirt, grease and oils. 50% of each dowel shall be encased in a “Speed Dowel” (or approved equal) plastic sleeve to allow parallel lateral movement of each dowel.
2.5 EXPANSION JOINT MATERIAL
A. Expansion joint sealant by Sikaflex, or approved equal. Color shall match adjacent concrete as shown in Drawings.
B. Joint Fillers: ASTM D 1751, asphalt-saturated cellulosic fiber in preformed strips.
2.8 CURING MATERIALS
A. Absorptive Cover: AASHTO M 182, Class 3, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. (305 g/sq. m) dry.
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B. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap polyethylene sheet.
C. Water: Potable.
D. Evaporation Retarder: Waterborne, monomolecular, film forming, manufactured for application to fresh concrete.
E. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B, dissipating.
F. White, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 2, Class B, dissipating.
2.9 SURFACE RETARDER
A. L.M. Scofield Lithotex top surface retarder.
2.10 TRUNCATED DOMES
A. Provide cast in place truncated domes which comply with the current Americans with Disabilities (ADA) guidelines.
B. Cast in place truncated domes shall be two-part, replaceable units, and Color Federal Yellow #33538.
C. Manufacturers: Access Tile, ADA Solutions, Armor Tile, or equal.
D. Size: 36"x48" rectangular panels
2.11 OTHER MATERIALS
A. All other materials not specifically described but required for complete and proper installation of this work, shall be selected by the contractor and subject to the approval of the Owner’s Representative.
PART 3 - EXECUTION
3.1 SURFACE CONDITIONS
A. Inspection
1. Prior to all work of this Section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence.
2. Verify that concrete pavement may be installed in strict accordance with the original design, all pertinent codes and regulations, and all pertinent portions of the referenced standards.
3. Prior to paving the site, the exposed pavement subgrade should be scarified to a depth of 12 inches, brought to approximately optimum moisture content, and compacted to at least 95 percent of the maximum dry density, as determined in general accordance with ASTM D1557.
B. Discrepancies
1. In the event of discrepancy, immediately notify the Client’s Representative.
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2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved.
3.2 FORMWORK
A. General
1. Construct forms accurately to dimensions, plumb and true to line and grade. Use forms that are substantial, mortar tight, braced and tied so as to maintain position and shape during placing of reinforcing and concrete.
2. Wavy surfaces and bulged walls or slab surfaces resulting from settlement or springing of formwork will be rejected.
3. Carefully verify and check all forms for alignment and level as the work proceeds.
Promptly make all needed adjustments or additional bracing.
B. Construction Joints: Construct and assemble forms in such a manner that joints occur at accepted locations. Thoroughly clean forms before pouring concrete.
C. Details: Take extreme care in all details of forming, setting and reinforcing. Except where tooled or radiused corners are indicated, provide all exposed concrete finish work with smooth, even surfaces of dense concrete with clean sharp arises and outside corners.
D. Prior to Pouring Concrete
1. Thoroughly clean out all forms to be used.
2. Thoroughly wet wood forms as required where form coatings are not used.
E. Removal of Forms:
1. Do not remove supporting forms or shoring until concrete has sufficient strength to carry its own weight and other loads upon it.
2. Remove forms only after concrete has properly set and without damaging concrete.
3.3 CONCRETE PAVING INSTALLATION
A. Preparation
1. Subgrade shall be fine graded per Section 310000 of this specification as applicable. The finished subgrade shall be tested and approved by the Soils Engineer prior to the placement of base.
2. Verify sub-grade, base material, conduit, and all other embedded items are properly located in relation to concrete paving. Verify all grades for pitch and fall prior to pouring pavements.
2. Verify that all cross-fall and ramp criteria comply with Title 24 & ADAAG requirements.
3. The aggregate base shall be compacted to at least 95 percent of the maximum dry density, as determined in general accordance with ASTM D1557.
4. “Neat Pouring” or placement of concrete against an existing surface without formwork, such as asphalt concrete, is not permitted.
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B. Placement
1. Place specified base material over compacted sub-grade to thicknesses shown on drawings, with minimum thickness of 4 inches. Compact with hand roller or suitable alternate.
2. Install all-natural color concrete paving per Section 303-5 of the "Standard Specifications", as specified, and as shown on drawings. Install integral color concrete per current editions of L. M.
Scofield Tech-Data Bulletins A-304, A-104 and T-203, and Guides G-307 and G-107.
3. Install all curbing, cross gutters, and related improvements per Section 303-5 of the "Standard Specifications," as specified, and as shown on drawings. Where machine formed curbing is provided, tolerances and joint control specified for fixed form construction shall be met.
4. All reinforcing shall be placed on approved concrete or plastic supports. "Hook and Pull" method of reinforcing placement not acceptable. Lap all mesh minimum 12" at edges.
3.4. FINISHES
A. Initial Finish: Place, consolidate, screed and trowel concrete.
B. Integral Color Concrete:
1.Mix coloring material into the concrete specified in Civil Drawings, in strict accordance with the manufacturer’s instructions to achieve color selected.
2.Upon completion of placing colored concrete slabs and not more than 24 hours after placing, apply curing compound and sealers as recommended by the color admix manufacturer.
C. Retarded Finish:
1.Before initial set takes place, apply retarder to finished surface as directed by retardant manufacturer by spray, roller, or brush, depending on retardant consistency. Cover with wet curing burlap and cure for not less than ten (10) and no more than eighteen (18) hours. Test surface with a knife blade to determine when to commence work of revealing aggregate.
2.Edge with a small radius edger before and immediately after the surface aggregate has been embedded.
3.Reveal aggregate by using water jet and coarse fiber brushes to remove retarded paste from surface, washing thoroughly until surface is clean and exposure is complete. Then replace curing burlap and maintain moist for at least 7 days.
4.Slab surfaces shall exhibit an aggregate exposure of coarse aggregate particles of a 3/8- in. size, constituting not less than 60% and not more than 80% of the surface. Exposure shall be to sufficient depth to provide a surface profile of 1/8 in. + 1/16 in.
5.Control joints shall be scored straight even lines.
3.4 JOINTS
A. General: Form doweled expansion joints, expansion joints and control joints true to line, with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to centerline unless otherwise indicated.
B. Expansion Joints: Expansion joints shall be formed provided at the location and intervals as shown on the Drawings and at all locations where concrete paving abuts buildings or other permanent vertical structures. Approved joint material shall be placed with top edge 1/2 in. below the paved surface, and shall be formed in the fresh concrete using an edging tool to provide a City of El Centro
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smooth uniform impression. All edges shall be struck before and after topcasting. After the curing period, expansion joints shall be carefully cleaned and filled with approved backer rod and joint compound flush with the paved surface in such a manner as to avoid spilling on paved surfaces or overflow from joint.
1. Doweled Joints: Install dowel bars and support assemblies at joints where indicated.
Lubricate or coat with asphalt one-half of dowel length to prevent concrete bonding to one side of joint.
C. Isolation Joints: Form isolation joints of preformed joint-filler strips abutting concrete curbs, catch basins, manholes, inlets, structures, other fixed objects, and where indicated.
1. Locate expansion joints at maximum intervals of 45 feet unless otherwise indicated.
2. Extend joint fillers full width and depth of joint.
3. Terminate joint filler not less than 1/2 inch or more than 1 inch below finished surface if joint sealant is indicated.
4. Place top of joint filler flush with finished concrete surface if joint sealant is not indicated.
5. Furnish joint fillers in one-piece lengths. Where more than one length is required, lace or clip joint-filler sections together.
6. During concrete placement, protect top edge of joint filler with metal, plastic, or other temporary preformed cap. Remove protective cap after concrete has been placed on both sides of joint.
D. Control Joints: Sawcut all joints as shown on Drawings. Sawing shall be done as soon as the surface is firm enough not to be torn or damaged by the blade. Sawcut joints before sandblasting, if applicable. Construct control joints for a depth equal to at least one-fourth of the concrete thickness,
E. Edging: After initial floating, tool edges of paving, gutters, curbs, and joints in concrete with an edging tool to a 1/4-inch radius. Repeat tooling of edges after applying surface finishes.
Eliminate edging-tool marks on concrete surfaces.
3.5 CONCRETE CURING
A. General
1. All natural-colored slabs shall be water cured by means of fine mist spray.
Maintain in damp condition for a period of seven (7) days after pouring.
2. Provide wind barriers and other screening as necessary to avoid rapid drying.
3. Cure all integral color concrete with Lithochrome curing wax, applied as directed by Scofield.
B. Alternate: Where natural color concrete is not adjacent to integral colored concrete, use of specified curing/hardener compound may be acceptable with prior Client’s Representative approval.
3.6 FIELD QUALITY CONTROL
A. Inspection and Testing
1. Coordinate taking of concrete cylinders for testing of concrete paving per Divisions 1 and 3.
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2. Evaluate surfaces for grade and drainage. Correct all non-conforming surfaces, ponds, and other irregularities to the satisfaction of the Client’s Representative.
3.6 PAVING TOLERANCES
A. General: Variations below list the maximum permissible deviations from established lines, grades, and dimensions for all exposed concrete paving.
B. Variation from Plumb:
1. In the lines and surfaces of walls and pavements: In 10 feet, maximum 1/4 inch.
2. For exposed corners, control-joint grooves, and other conspicuous lines:
a. In any 10 feet, maximum 1/4 inch
b. In any 20 feet or more, 1/2 inch
C. Variation from the Level or from the Grades shown per Drawings:
1. In pavements, walls and tops of curbing: In any 10 feet, 1/4 inch
2. For exposed joints and other conspicuous lines: In any 10 feet, maximum 1/4 inch D. Variation in Cross-Sectional Thickness of Slabs and Walls, without reducing tolerances established for line, plumb, and level: Minus 1/4 inch; Plus 1/2 inch E. Variation in Radii
1. In radii of less than 10 feet:
a. In any 5 feet, 1/8 inch
b. In any 10 feet, 1/4 inch
2. In radii of 20 feet:
a. In any 10 feet, 1/4 inch
b. In any 20 feet, 3/8 inch
3. In radii of 30 feet or more:
a. In any 20 feet, 1/2 inch
b. In any 30 feet, 1 inch
F. Comply with tolerances in ACI 117 and as follows:
1. Elevation: 1/4 inch.
2. Thickness: Plus 3/8-inch, minus 1/4 inch.
3. Surface: Gap below 10-feet-long; unleveled straightedge not to exceed 1/4 inch.
4. Alignment of Tie-Bar End Relative to Line Perpendicular to Paving Edge: 1/2 inch per 12 inches of tie bar.
5. Lateral Alignment and Spacing of Dowels: 1 inch.
6. Vertical Alignment of Dowels: 1/4 inch.
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7. Alignment of Dowel-Bar End Relative to Line Perpendicular to Paving Edge: 1/4 inch per 12 inches of dowel.
8. Joint Spacing: Refer to Landscape Construction Plan, sheet L1.0.
9. Control Joint Depth: Plus 1/4 inch, no minus.
10. Joint Width: Plus 1/8 inch, no minus.
END OF SECTION 32 13 13
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SECTION 32 18 16
SYNTHETIC GRASS SURFACING SYSTEM
PART 1 - GENERAL
1.01 DESCRIPTION OF WORK
A. The contractor shall provide all labor, materials, equipment, and tools necessary for the complete installation of a “HydroChill infill” synthetic grass surface with a stable draining base. The complete synthetic grass system shall consist of:
1. Area of construction with the extent of artificial turf work as shown in the drawings.
2. Subgrade, base, and drainage construction.
3. Quality synthetic grass products manufactured in the USA according to specifications in PART 2 - PRODUCTS of this document. Product shall be a knitted synthetic grass product (not tufted) and contain an antimicrobial agent while meeting or exceeding all guidelines as established herein. For characteristics not specifically stated, shall meet, or exceed all guidelines published by the Synthetic Turf Council.
4. The synthetic grass surface shall be specifically designed, manufactured, and installed for the intended use as a “high use” surfacing solution.
5. Plastic perimeter boards (1”x 4” set horizontally) are to surround the entire area for anchoring of the turf to the concrete edge. The top edge of this surface is to be a minimum of 1/4” below any adjacent solid walking surfaces where there could be foot traffic.
6. Stainless steel staples, 1” in length, are to be used to anchor the synthetic turf to the perimeter boards.
1.02 SYSTEM PERFORMANCE
A. Contractor shall ensure that products for system meet the following performance requirements:
1. The components, as well as the installation methods utilized, shall be designed, and executed in a manner to hold up to the challenges of warm temperatures. The materials as herein after specified shall withstand full climatic exposure, be resistant to insect infestation, rot, fungus, mold, and mildew, shall also withstand ultra-violet rays, and allow the free flow of water vertically through the surface and into the drainage below.
2. The seams of all system components shall provide a permanent, tight, secure, and hazard free surface.
3. The installed synthetic grass and drainage system shall allow for drainage and water flow through the system at a rate of not less than 800” per hour.
1.03 SERVICE AND QUALITY ASSURANCE
A. The Contractor shall provide ongoing service, quality assurance, and warranty, consisting of, but not necessarily be limited to, the following:
1. Competent workmen skilled in this type of installation. The synthetic grass vendor shall provide a qualified installation foreman to coordinate and review the City of El Centro
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component parts of the synthetic grass system.
2. Experienced installer with no less than six completed installations (minimum 2,500 s.f. or greater) where a knitted synthetic grass surface was installed. Installer must be competent in the installation of this material, including attachment of seams, proper trimming, and attaching techniques, prior to the start of turf installation.
3. Manufacturer’s warranty, which warrants the synthetic grass product:
a. Provide coverage of synthetic grass for a minimum of fifteen (15) years from the date of substantial completion.
b. Warranties for the materials installed meet or exceed the product specifications.
c. Be from a single source (certified by manufacturer) covering workmanship and all materials.
d. Assure the availability of exact or substantially the same replacement materials for the synthetic grass system for the full warranty period. e. Include general wear and damage caused by UV degradation. The warranty may specifically exclude vandalism and Acts of God beyond the control of the manufacturer or installer.
1.04 SUBMITTALS
A. The Contractor to submit the following for review and acceptance by the Representative:
1. Sample: Submit One (1) 12”x12” loose sample of proposed synthetic grass product.
2. Sample: HydroChill – In a sealed plastic bag.
3. Warranty: Submit product warranty for proposed synthetic grass product.
4. Maintenance Instructions: Submit maintenance instructions to include all necessary instructions for the proper care and maintenance of the newly installed synthetic turf system.
5. Shop Drawings: Submit edge details of proposed installation and terminations of synthetic grass system.
6. Manufacturer’s Certification: Submit a signed letter from synthetic grass vendor certifying that the proposed synthetic grass product is manufactured in the USA.
7. Test Reports: Submit an independent laboratory test report on system or components.
8. Permeability Test: Submit drainage/water permeability test of sub-base.
PART 2 - PRODUCTS
2.01 PRODUCTS
A. SYNTHETIC GRASS: 355SG Imagination Creativity, Shawgrass or approved equal.
B. FIBER TYPE: Polyethylene/Polypropylene.
C. FIBER MASS: 10,080 denier 10 Ply PE AND 5,000 denier 8 Ply PP.
D. TUFTED PILE HEIGHT (KNITTED): 1.5”.
E. TURF BLADE COLOR/TURF THATCH COLOR: 320 Field Green/Olive/Green, 330 Field City of El Centro
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Green/Field Green/Green, and 338 Field Green/Olive/Green-Jute.
F. TUFTING GAUGE: 3/8”.
G. TOTAL PRODUCT WEIGHT: 74oz./yd².
H. FACE WEIGHT: 50oz./yd².
I. BACKING MATRIX: 24 oz/yd² Stalok/urethane.
J. FINISHED ROLL WIDTH: 15 ft. (4.6 m).
K. FINISHED ROLL LENGTH: Up to 100 ft. (30.40 m).
1. The synthetic grass shall be delivered in 15’-foot-wide rolls. The rolls will be laid out and installed as specified in the site layout and equipment placement drawings.
2. All seams shall be installed and secured with approved turf adhesive. Seams secured with stitching alone shall not be acceptable.
3. HydroChill infill material is to be used.
L. BASE AND ATTACHING COMPONENTS: Base is to be prepared using plastic 1”x 4” plastic board and secured using 1” length 1/4” narrow crown stainless steel staples. Turf is to be secured around all edges @ 6” o.c.
M. NAILER BOARD FASTENER: KWIK Bolt TZ2 Wedge Anchor SS316 Stud Anchor KB-TZ2 3/8” x 3 ¾” SS316 @ 24” o.c.
N. BASE DRAINAGE AGGREGATE: 3/8” to 1/2”.
PART 3 - EXECUTION
3.01 BASE AND DRAINAGE CONSTRUCTION
A. The synthetic grass base contractor shall strictly adhere to the installation procedures outlined under this section and the Contract drawings. Any variance from these requirements must be accepted in writing by the Representative.
1. Excavation: Existing ground cover shall be excavated to the depth established on the landscape construction detail ‘C’ on sheet L1.3. The sub-grade shall also be compacted to a recommended 90% compaction rate.
2. Plastic Nailer Board: The synthetic turf perimeter fastening structure shall be installed before the drainage aggregate.
3. Install a synthetic nailer board around perimeter concrete walkway and all penetrating objects. Nailer board shall be 1/4” below grade when adjacent to concrete walking surface.
4. Base Drainage Aggregate: Installation of the free draining base aggregate of 3/8” to 1/2” clean compactable angular stone (any mix with fines in excess of 20% must be approved by manufacturer), shall follow procedures provided. If the sub-base does not permit liquids to freely percolate, auxiliary drainage is required. Base material must be installed to a recommended depth of 4”. The drainage network and its existing elevations shall not be disrupted through ground pressures from trucks, dozers, or by any other means.
5. The stone shall be left firm and compacted while allowing the porosity and drainage capabilities of the aggregate profile.
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conditions. It must be installed to a minimum depth of 4” with a recommended compaction rate of 90%.
3.02 SYNTHETIC GRASS SYSTEM INSTALLATION
A. After a final inspection of the stone base by the Representative, the synthetic turf installation shall begin. The synthetic grass product shall be delivered in 15-foot-wide rolls.
1. Synthetic grass rolls shall be joined via adhesive bond seaming and reinforced with specialty turf adhesive where necessary.
2. Seams shall be flat, tight, and permanent with no separation or fraying.
3. Grass rolls must be installed with pile leaning the same direction.
4. Synthetic Turf Perimeter Attachment:
a. After final layout and seaming of the synthetic grass product, the synthetic turf material shall at a minimum be secured to the top of 1” X 4” plastic nailer board firmly anchored to walkway, making up the perimeter of the synthetic turf area.
b. The turf shall be attached to plastic nailer board by stainless steel staples. 1” length 1/4” narrow crown stainless steel staples. Turf is to be secured around all edges @ 6” o.c.
5. Soil or surfacing material outside of the defined synthetic turf area shall be backfilled against turf wrapped perimeter edge and have zero transition edge to synthetic turf unless otherwise specified.
6. Concrete and solid walking surfaces should be 1/4” higher than the top of the board.
7. HydroChill Infill: HydroChill requires moisture to provide the long-term cooling effect. Rainfall and irrigation can help keep your lawn cool for days, depending on local conditions.
3.03 EXTRA MATERIALS
A. Extra materials: The City of El Centro shall be given the option to retain and store excess materials such as excess turf left over from the project.
3.04 CLEAN UP
A. During the contract and at intervals and as synthetic grass system installation is completed, clear the site of all extraneous materials, rubbish, or debris, and leave the site in a clean, safe, well-draining, neat condition.
B. Surfaces, recesses, enclosures, etc. shall be cleaned as necessary to leave the work area in a clean, immaculate condition ready for immediate occupancy and use by the City of El Centro.
END OF SECTION
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SECTION 32 80 00
LANDSCAPE IRRIGATION
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.
1.02 GENERAL CONDITIONS
A. The General Conditions and Special Conditions are a part of this section and the contract for this work and apply to this section as fully as if repeated herein.
1.03 SCOPE OF WORK
A. The scope of work includes the construction of an irrigation system for a Synthetic Grass Surfacing System. The extent of the irrigation system is shown in the drawings. The work includes all services, labor, materials, transportation, and equipment necessary to perform the work as shown and/or noted on the drawings and/or as specified. Irrigation system shall be fully functional with all capabilities met.
B. Contractor is responsible for close coordination with other contractors involved with grading, drainage, and construction of site elements. For the project to be successful, it is the responsibility of Contractor to coordinate his work with other trades, as well as with the Landscape Architect or Owner’s Representative prior to, and throughout the construction period to avoid conflicts which may interrupt another’s work progress.
1.04 QUALIFICATIONS AND REQUIREMENTS
A. Project Experience. Have a minimum of five (5) years experience installing three (3) different projects of similar scope. Provide project references.
B. Project Completion. Successful completion of a minimum of three (3) commercial irrigation projects of this size, from beginning to end (not including projects that may not have been originally bid upon from the project beginning). Must have good reputation for quality of work and the ability to stay on schedule.
C. Company Specialization. Professional contractor must have at a minimum, a C-27 license, is a Certified Irrigation Contractor (by the Irrigation Association) or equivalent certified Contractor with CLCA (California Landscape Contractors Association), specializing in commercial irrigation system installation and maintenance. A review of a current copy of each bidder’s license is required.
D. Credit Rating. Business has a good credit standing with irrigation distributors, manufacturers, and other creditors that the business relies upon to perform.
E. Contractor shall be able to secure bonding.
F. Contractor shall be able to obtain and carry appropriate insurance policies.
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G. Installation Expertise. It is required for the Contractor’s performance that installers are experts in the operations they are engaged to perform.
H. Contractors shall provide evidence of valid training, certifications, safety training, and continuing education of employees by industry leading trade groups such as the IA and CLCA.
I. Company crew size and equipment shall be sufficient to accomplish the installation on schedule, and maintain the landscape according to maintenance specifications. The contractor shall own or have access to all the equipment necessary to properly install the irrigation system.
J. Designation of site project leader or foreman shall not change for the duration of the installation.
K. Site project leader or foreman must be able to fluently speak English and understand English.
L. Mandatory Pre-Bid Conference. All contractors are required to participate in a Pre-Bid Meeting with the Landscape Architect and Owner’s Representative to discuss project scope, expectations, and timetables.
M. Bid Submittal. Must examine the bid to ensure it fully complies with all requirements of the construction documents. Bids not following the construction documents may be subject to rejection.
N. Water Management. The contractor must be sensitive to the realities of limited water supplies in this region, and that it is in an Emergency Drought Response stage.
Contractor shall provide along with his bid, a signed acknowledgement in writing that the State’s landscape ordinance is in effect and will be adhered to at all times by his employees during installation and maintenance. Contractor shall provide a hard copy of the ordinance at the project site, and shall make it readily available to all his employees.
Contractor and his employees shall know how to properly manage water that will provide the landscape with the health and appearance desired by the Owner, while minimizing the use of water.
1.05 RELATED DOCUMENTS
A. Section 321816 for “Synthetic Grass Surfacing Systems” B. Section 312000 for “Earthwork”
C. Section 334000 for “Storm Drainage”
1.06 REFERENCES
The latest editions of standards and specifications published by the following organizations, and referenced herein, apply to the work only to the extent specified by the reference.
A. American National Standards Institute (ANSI)
B. American Society for Testing and Materials (ASTM)
C. United States General Services Administration (Federal Specification) City of El Centro
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D. Local Jurisdiction/s, Water Agency, State Agency, Local Health Department Regulations
1.07 SUBMITTALS
A. Submit a list of all irrigation equipment to be used and to be handed over to the owner, manufacturer's brochures, maintenance manuals, warrantees and operating instructions, within ten (10) calendar days of notice to proceed. Provide an index sheet clearly identifying the product name, manufacturer/model number, any options, and the sheet number where the product cut sheet is located in the submittal package.
1. If substitution of irrigation equipment from that which is specified on plans is proposed, Contractor shall provide in writing to the Landscape Architect or Owner’s Representative the proposed substitution for approval prior to any installation. Substitution shall be equal or better. Approval by Landscape Architect of any items, alternate or substitute indicates only that the product or products apparently meet the requirements of the Drawings and Specifications on the basis of the information or samples submitted.
B. Provide a copy of project as-builts and controller charts. Refer also to following section on details of submittal.
C. Provide a copy of major equipment maintenance and operation manuals.
D. Refer to extra irrigation equipment list indicated for irrigation materials to be provided to Owner prior to project turnover.
1.08 GUARANTEE
A. Furnish a guarantee in accordance with the General Provisions and Special Conditions for a period of one (1) year from the date of final acceptance, at the conclusion of the maintenance period by the Contractor. The entire system shall be guaranteed against defective equipment, materials, and workmanship. Repairs shall be made by the Contractor in a timely fashion at no expense to Owner. The guarantee shall include provisions for non-settling of the backfill in trenches and excavations which, if occur, shall be corrected, including repairs and/or replacement of any material damaged thereby or there from, to the complete satisfaction of, and at no cost to the Owner.
1.09 SITE OBSERVATION VISITS BY THE LANDSCAPE ARCHITECT A. In all cases where site observation visits of the irrigation system work are required and/or where portions of the work are specified to be performed under the direction and/or site observation of the Landscape Architect or Owner’s Representative, the Contractor shall notify the Landscape Architect or Owner’s Representative at least three (3) working days in advance of the time such site observations and/or directions are required (unless otherwise indicated).
1. Site observation will be required for the following parts of the work at the sole option of the Landscape Architect or Owner’s Representative. The Contractor shall request the presence of the Landscape Architect to observe the installation at the following stages of progress:
a. Upon installation and testing of main lines, when pipes are laid and are to be submitted to pressure tests. Do not cover any lines until they have been checked and approved.
b. Upon installation and testing of service, including any quick couplers.
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c. Substantial completion walkthrough prior to the start of maintenance. d. Final walkthrough two weeks prior to end of maintenance period. e. A final site observation visit by the Landscape Architect or Owner’s Representative and performance test shall be at the same time as the final site observation of the specified landscape maintenance period work.
1.10 TESTING
A. All P.V.C. mains shall be subjected to a pressure test of existing line pressure for a period of four (4) hours and shall be watertight. All testing shall be in the presence of the Landscape Architect or Owner’s Representative unless otherwise authorized. Testing will be done in sections as required. Liquid filled test gauges rated to a minimum 200 psi with maximum 5 psi increments shall be used for testing purposes.
B. Test water mains as follows: (1) add water slowly to pipe to avoid water hammer damage, (2) bleed system at pressure gauge location to ensure all air is out of pipes, (3) pressurize system to line pressure for duration specified. Visually inspect for leaks while system is under constant pressure.
C. Authorization to proceed with installation shall be received prior to backfilling any trench.
Do not cover any lines and fittings until they have been reviewed, and authorization to proceed is given by the Landscape Architect or Owner’s Representative.
1.11 RECORD DRAWINGS
A. Following construction, prior to the start of maintenance period, and prior to final acceptance of work, the Contractor shall provide a record set of drawings showing the irrigation system work. Utilize one complete set of irrigation drawing prints used for installing system, for indicating installed equipment. Make daily annotations thereon as project progresses, prior to burial of irrigation facilities. Lettering shall be 1/4" height minimum. Final submitted information shall be on a clean, full-size set of bond copy prints for reproduction purposes. All items changed/relocated from original drawings shall be so indicated with the same symbol in the new location, the original symbol erased. All notes/callouts pertaining to the item shall be directed to new location. All work shall be neat, in red ink and subject to the satisfaction of the Landscape Architect and/or Owner’s Representative. Once approved by the Landscape Architect and/or Owner’s Representative, obtain one (1) reduced print copy of record drawings (11” X 17” format), laminate in plastic, and submit to Landscape Architect and/or Owner’s Representative.
B. Immediately upon the installation of any pipe or equipment, the Contractor shall indicate on the drawings the locations of said pipe or equipment. All locations of main line and valves shall be noted on plans with number, size and depth of cover at each location. Any detours around obstacles shall be noted with description of the obstacle and how the installation detoured, (for example, “shallow bury- 12” cover, or otherwise described for the occurrence).
C. Any changes in type/manufacturer/model number/size of equipment or installations from that shown on Drawings shall be so indicated on the Record Drawings. This includes irrigation legends, irrigation notes, irrigation details and any other information included in the construction of project.
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half foot. Dimensions from two (2) different visible reference points minimum shall be given from permanent objects such as face of curbs, drain inlets, sidewalks, walls, structures, and driveways. Use the nearest, best points of reference for documenting the dimensions for each item. Indicate lateral line routing to system where valve location and/or lateral line different than plans.
E. For the inside surface of the cover of each Automatic Controller, prepare and mount a color-coded chart showing the quick coupling valves serviced by that particular Controller. This chart shall be the as-built plan, entire or partial, showing building, walks, roads and walls. A photostatic print of this plan, reduced as necessary and legible in all details, shall be made to a size (11” X 17” size) that will fit into the Controller enclosure.
This print shall be approved by the Landscape Architect and/or Owner’s Representative and shall be hermetically laminated by plastic. This shall then be placed inside the enclosure door, or in an agreed to location given by the owner.
F. Record drawings shall be signed and dated in black ink by the Contractor attesting to and certifying the accuracy of the record drawings. Contractor shall indicate company name, address, and phone number on record drawings.
1.12 GENERAL REQUIREMENTS
A. Code requirements shall be those of State and Municipal Codes and Regulations locally governing this work, providing that any requirements of the Drawings and Specifications, not conflicting therewith, but exceeding the Code Requirements, shall govern unless written permission to the contrary is granted by the Landscape Architect and/or Owner’s Representative.
B. The Contractor is responsible for understanding the correct installation and operation of all equipment. If installation or operation is in doubt, contact manufacturer’s representative for instruction.
C. Extreme care shall be exercised at all times by the Contractor in excavating and working in the project area due to existing utilities. Contractor shall be fully responsible for expenses incurred in the repair of damages caused by his operation.
D. If discrepancies are encountered between the plans and actual site conditions, or within the plans themselves, the Contractor shall promptly contact the Landscape Architect for direction.
E. For the purpose of clarity, plan locations of quick coupling valves are diagrammatic and indicate the spacing and relative locations of all installations. Final locations of installations shall be determined by final site conditions and plantings prior to their installation with the Landscape Architect and/or Owner’s Representative present.
F. All lines shall have a minimum horizontal and vertical clearance of 6" from each other and 6” from lines of other trades. Parallel lines shall not be installed directly over one another.
Install system so that repairs can be made without disturbing rest of system.
G. Prior to starting any work, Contractor shall obtain a reading of existing available water pressure (no flow condition) at the backflow preventer of the water source at adjacent streetscape and promptly submit written verification of pressure, with date and time of recording to the Landscape Architect and/or Owner’s Representative. Failure of Contractor to provide stated information as noted above will cause the Contractor to bear full responsibility in cost, installation and equipment changes or additions for any changes City of El Centro
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necessary for a fully functional irrigation system with acceptable water pressure.
H. Point of connection shall be approximately as shown in drawings. Connect new underground piping and valves and provide all flanges, adapters, or other necessary fittings for connection.
I. Permission to shut off any existing in-use water line must be obtained 48 hours in advance, in writing from the Landscape Architect or Owner’s Representative. The Contractor shall receive instructions from the Landscape Architect or Owner’s Representative as to the exact length of time of each shut-off.
J. Where it occurs, new work will tie into existing facilities. Prior to starting any work, coordinate with the Landscape Architect or Owner’s Representative the exact tie-in locations and timing. Verify their exact locations and suitability for this new work.
Promptly report to the Landscape Architect or Owner’s Representative any obstacles to work.
K. Installation during the construction period may occur in stages depending on the site and concurrent construction activity. It is of utmost importance, and Contractor’s responsibility to preserve any water supply line’s service, and to keep interruption to the irrigation water supply to installed landscaped areas-to-remain to a minimum. Contractor shall be responsible for providing continued regular watering of the landscape during the entire construction period. Contractor shall, with the Landscape Architect or Owner’s Representative’s prior written approval, utilize hose watering off building wall hydrants, highlining mainline, or whatever is deemed necessary to ensure watering is uninterrupted and plantings are maintained in a sustainable condition. Any cause for Contractor not preparing for and not employing a watering program which results in plant decline or demise shall cause the Landscape Architect or Owner’s Representative to have the plants replaced by the Contractor at Contractor’s expense. The Landscape Architect and/or Owner’s Representative shall cause Contractor to replace plants during the construction period, along with a plant replacement guarantee.
L. Contractor shall acquaint himself with all site conditions and proposed site conditions as indicated on the plans and specifications, prior to any installation. Do not proceed with installation in any area until conflicts between these measurements have been brought to the immediate attention of Landscape Architect and/or Owner’s Representative, and resolved by and with the Landscape Architect and/or Owner’s Representative. Do not willfully install the irrigation system as shown on the drawings when it is obvious in the field that unknown obstructions, grade differences or grade discrepancies in area dimensions exist that might not have been considered in engineering. Such differences shall be brought to the immediate attention of the Landscape Architect and/or Owner’s Representative. In the event this notification is not performed, the Contractor shall assume full responsibility and costs involved for any revisions necessary.
M. Where it occurs, the Owner’s Representative is to coordinate with their landscape maintenance staff to help ensure that the landscape areas where water to existing areas will be disrupted is well watered in the days preceding the start of demolition and construction to provide plants with a bank of moisture.
1.13 QUALITY ASSURANCE
A. Refer to Site Observation Visits Section for irrigation installation milestones and quality control measures.
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B. Refer to Testing Section for testing and review of installed equipment.
PART 2 - PRODUCTS
2.01 STANDARD PRODUCTS
A. Materials furnished under this specification shall be standard products of manufacturers regularly engaged in the production of such materials, and shall be the manufacturers' latest standard design that complies with the specification requirements.
2.02 POLYVINYL CHLORIDE PIPE
A. All plastic piping and sleeves shall be integral white color, Type 1, Grade 1 (impact modified) designated as Polyvinyl Chloride (PVC), conforming to ASTM D1785, for potable water use.
B. PVC Plastic Pressure Lines: For piping upstream of quick coupling valves. All piping 2" to 3” shall be Class 315 PVC 1120 (SDR 13.5). All piping 1-1/2" and smaller shall be Schedule 40 PVC.
C. Identification: Furnish plastic pipe continuously and permanently marked with following information: Manufacturer's name or trademark, size, schedule or class and type of pipe, working pressure rating at 73.4 degrees F., and National Sanitation Foundation (NSF) rating, and date of extrusion.
D. All plastic pipes shall conform to ASTM D2441.
2.03 FITTINGS AND CONNECTIONS
A. Polyvinyl Chloride Pipe Fittings and Connections; Type I, Cell C1. 12454-B, Schedule 80, high impact molded fittings, manufactured from virgin compounds as specified for piping tapered socket or molded thread type, suitable for either solvent weld or screwed connections. Machine threaded fittings and plastic saddle and flange fittings are not acceptable. Furnish fittings permanently marked with following information: Nominal pipe size, type, and schedule of material, and National Sanitation Foundation (NSF) seal of approval. PVC fitting shall conform to ASTM D2464 and D2466.
B. PVC threaded fittings at valve assemblies shall be PVC SCH 80, molded and threaded inlet and outlet.
2.04 SOLVENT CEMENTS, PRIMER, AND THREAD LUBRICANT
A. Solvent cements shall comply with ASTM D2564. Socket joints shall be made per recommended procedures for joining PVC plastic pipe and fittings with PVC solvent cement by the pipe and fitting manufacturer and procedures outlined in the Appendix of ASTM D2564.
B. Primer shall be as recommended by pipe manufacturer of pipe used.
C. Thread lubricant shall be Teflon ribbon-type, or approved equal, suitable for threaded installations as per manufacturer's recommendations.
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2.05 VALVE BOXES
A. All valve boxes shall be commercial grade, with locking steel lids, traffic-rated, or approved equal.
B. Valve box extensions shall be of the same manufacturer, size, and material as existing valve boxes to be adjusted to finish grade, unless when fullly buried below finish grade.
2.06 QUICK COUPLING VALVES
A. Shall be ¾” size brass, as indicated in the irrigation legend, or approved equal.
2.07 GATE VALVES
A. Gate valves for mainline isolation shall be Nibco T-113-K Brass Valve With Cross Handle, or approved equal.
2.08 TRENCH MARKER TAPE
A. Water warning marker tape for pressure irrigation lines shall be 3” wide, detectable type, blue text with “Caution Irrigation Line Buried Below” (TA-DT-3B-I), manufactured by T.
Christy Enterprises, Inc., Paul Potter Warning Tape Inc., or approved equal.
2.09 FILTER FABRIC
A. Filter fabric for all valve boxes shall be non-woven type, fully stabilized UV-resistant and shall prevent soil particles from clogging and entering valve box pits. Mirafi 140N or approved equivalent.
2.10 EXTRA EQUIPMENT
A. Contractor shall provide to Owner:
1. One (1) quick coupler key with swivel hose ell to match, of the type installed.
2. One (1) valve box and matching lid, with tool to unlock box lid installed on this project.
PART 3- EXECUTION
3.01 GENERAL REQUIREMENTS
A. Locations on drawings are diagrammatic and approximate only and shall be changed and adjusted as necessary and as directed to meet existing conditions. Locate and stake all work and obtain approval of the Landscape Architect or Owner’s Representative prior to any installations. This includes, but is not limited to quick coupler valve locations and mainline locations.
B. Install and extend system indicated on the drawings, and as necessary to carry out the intent of the Drawings and Specifications. The Contractor shall not willfully install any equipment as shown on plans when it is obvious in the field that conditions exist that were not evident at the time these plans were prepared. Any such conditions shall be City of El Centro
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brought to the prompt attention of the Landscape Architect and/or Owner prior to any work, or the Contractor shall assume all responsibility for any field changes deemed necessary by the Owner.
C. Locate existing backflow preventers, controller/s, valves, and other underground utilities prior to digging trenches. Locate existing water lines and utilities prior to doing any work.
D. Paving and drainage systems shall be installed or indicated prior to installation of irrigation system mains and quick coupling valve.
E. All piping, whether existing installation or new, shall be kept free from contaminants that may potentially enter piping during construction and following construction. Should Contractor’s work cause contamination in the irrigation water and it exhibit itself during construction and/or the maintenance period, Contractor shall be responsible to decontaminate the entire irrigation system’s components affected by contamination by flushing the debris out until water appears clear at the satisfaction of the Landscape Architect or Owner’s Representative, at Contractor’s expense. Components include, but are not limited to the following mainlines and quick coupler valves. Contractors shall replace components where attempts at cleaning them prove unsuccessful. All work to decontaminate system and put it back into satisfactory working order shall be completed within 48 hours of the time condition is found and/or at the time of notification by the Landscape Architect or Owner’s Representative. Work shall be done to the complete satisfaction of the Landscape Architect or Owner’s Representative.
F. All existing mainlines and irrigation systems shall be reconnected together where damaged/disrupted by construction in order to have a fully functioning irrigation system, with all system capabilities met.
G. Contractor shall employ whatever means necessary to protect valves, conduits, lateral lines and mainlines installed, especially when working with other trades. Stake out facilities; use flat, sturdy material to cover shallow buried piping as required throughout the construction period to minimize damage to the installation and to help deter bodily injury. Employ removable barriers as required to keep activity outside of construction areas.
H. Ponding/runoff from irrigation system shall be avoided wherever possible.
3.02 INSTALLATION OF MAINLINE PIPING
A. Excavation and backfilling of Trenches.
Excavate trenches, prepare subgrade, and backfill to line and grade with sufficient room for pipe fittings, testing and inspecting operations. Do not backfill until the pipe system has been subjected to a hydrostatic test as specified. Do not cover any pressure line until it has been visually observed by the Landscape Architect or Owner’s Representative.
B. Depth of Cover
In Landscape: (from Soil Finish Grade to Top of Pipe)
PVC Pressure Line (2-1/2” & smaller) 18" min.
PVC Pressure Line (3” & larger) 24" min.
C. Soil backfill within 3" of piping shall be free of all rocks over 1/2" diameter, debris, and litter prior to use as backfill. The remaining soil backfill shall be free of 1” and larger rock, City of El Centro
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debris and litter prior to using as backfill.
D. Deposit topsoil on one side of trench and subsoil on the opposite side, then install irrigation lines and test each section.
E. Repair any leaks and replace all defective pipes or fittings until lines meet test requirements. Do not cover any lines until they have been checked and approved for tightness, quality of workmanship and materials.
F. Backfill trenches, after approval of piping, with suitable and approved material, tamping soil around pipe and thoroughly compact all trench fills until 90% relative compaction has been achieved.
G. Backfill pipe bedding material shall be an approved soil, or sand where specified, free from rocks and clods, litter, and other debris.
3.03 INSTALLATION OF POLYVINYL CHLORIDE PIPE
A. Because of the nature of plastic pipes and fittings, exercise caution in handling, loading and storing, to avoid damage.
B. The pipe and fittings shall be stored under cover until using, and shall be transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subjected to undue bending or concentrated external load at any point.
C. All pipe that has been dented or damaged shall be discarded unless such dent or damaged section is cut out and pipe rejoined with a coupling.
D. Trench depth shall be as specified above from the finish grade to the top of the pipe. The bottom of the trench shall be free of rocks, clods, and other sharp-edged objects.
E. Pipe ends and fittings shall be wiped with "MEK" primer, or approved equal, prior to applying welding solvent. Welded joints shall be given a minimum of 15 minutes to set prior to moving or handling. All field cuts shall be beveled to remove burrs and excess material prior to fitting and gluing together.
F. Pipe shall be snaked from side-to-side of trench bottom to allow for expansion and contraction.
G. Center load pipe at 10' intervals with small amount of backfill to prevent arching and slipping under pressure. Leave joints exposed for site observation during testing.
H. No water shall be permitted in the pipe until a period of at least 24 hours has elapsed for solvent weld setting and curing.
I. Plastic to plastic joints shall be solvent weld, assembled per pipe manufacturer's specifications and using solvent recommended by pipe manufacturer only.
J. All pressure pipes shall have a continuous blue colored metallic three (3) inch wide marker tape placed nine (9) inches below finished grade directly above the buried pipe, or as detailed on the drawings.
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3.04 VALVE BOX INSTALLATION
A. Install valve boxes as shown in the detail drawings. Install no more than one valve per box. Set valve boxes perpendicular and plumb to adjacent hardscape and to each other.
Set boxes 12” apart, and 3 feet from adjacent hardscape areas.
B. Valve boxes shall not be modified in any way by cutting away portions of them, to ensure structural integrity. Any removal of valve box material will be subject to rejection and replacement, unless such removal is granted by the Landscape Architect and/or Owner’s Representative, but only under consideration prior to valve box installation.
3.05 QUICK COUPLING VALVE INSTALLATION
A. Install all quick coupling valves approximately where shown on drawings and as shown on the detail drawings. Do not locate in paving.
B. Prior to ordering parts and installing assemblies, coordinate location of, and construction of assemblies with the Landscape Architect or Owner’s Representative.
3.06 GATE VALVE INSTALLATION
A. Install all gate valves approximately where shown on drawings and as shown on the detail drawings. Install one valve per box. Do not locate in paving.
3.07 FLUSHING OF PRESSURE MAINLINE
A. After piping installation, a full head of water shall be used to flush out the system. After system is thoroughly flushed, install all quick coupling valves.
3.08 CLEAN-UP
A. As project progresses, Contractor shall daily maintain all areas in a neat manner and remove unsightly debris as necessary. After completion of project, Contractor shall remove all debris and containers used in accomplishing work. Contractor shall sweep and clean all sidewalks, asphalt, and concrete areas, and clean all vertical surfaces affected by Contractor’s work, to the satisfaction of the Owner’s Representative.
3.09 TURF MAINTENANCE GUIDELINES
A. The Contractor shall follow Turf Maintenance Guideline from the manufacturer.
END OF SECTION
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City of El Centro
EMBELLECE EL CENTRO
DOWNTOWN BEAUTIFICATION PROJECT
Volume 1 of 2
Bid Proposal, Contract Documents and General Conditions
PROJECT MANUAL
PROJECT CODE
DECEMBER 2025
CITY OF EL CENTRO
STATE OF CALIFORNIA
EMBELLECE EL CENTRO DOWNTOWN BEAUTIFICATION PROJECT
TABLE OF CONTENTS
VOLUME 1 OF 2 Page Number
Invitation for Bids 3-8
Required Documents 9
Proposal Requirements 10-12
Proposal Bid Form 13-14
Bid Bond 15
Proposal Agreement 16
Construction Services Agreement 17-28
Faithful Performance Bond 29
Workers’ Compensation Insurance Certification 31
Drug and Alcohol Testing Requirements 32
Subcontractor’s Listing 33-34
Non-Collusion Declaration for corporation 35
Corporate Certification or Partnership Information 36
Contractor’s Certification of Qualification for License Classification 37 General Conditions 38-56
Supplemental General Conditions (State) 57-61
Specifications 62
Special Provisions 63-77
State Labor Standards Provisions 78
Certification of Understanding and Authorization 79
Exhibit A 80-85
Exhibit B 86-89
Payroll Forms 90
State prevailing Wages 91
VOLUME 2 OF 2
Project Manual
100% CD Specifications
Embellece El Centro Downtown Beautification Project
Prepared by : COAR Design Group
Dated: 10/23/2025
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ATTACHMENTS
Embellece El Centro Downtown Beautification Project
Construction Documents
Prepared By: COAR Design Group
Issue Date: 10/23/2025
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3 INVITATION FOR BIDS
1. GENERAL INFORMATION
The City of El Centro (“the City”) is inviting bids for the “Embellece El Centro Downtown Beautification Project” located in the City’s downtown corridor along Main Street from 4th to 8th Street. Through this project, the City aims to create a food truck court by renovating the Town Square, located at 675 Main Street.
The Embellece El Centro Downtown Beautification Project is a civic enhancement initiative focused on revitalizing the downtown core of El Centro through architectural, landscaping, and signage improvements. The work includes upgrades to the Town Square, Main Street furnishings, gateway signage, new curb inlet screen protectors, and new decorative entry features. The project aims to enhance public spaces, improve the pedestrian experience, and create a cohesive visual identity for Downtown El Centro.
2. SCOPE OF WORK
The Embellece El Centro Downtown Beautification Project involves comprehensive streetscape and public space improvements across El Centro’s downtown core, including demolition and removal of existing pavements, curbs, lighting, and furnishings; grading and earthwork; installation of new concrete paving, ramps, curbs, and stage areas; construction of structural footings and CMU bases for signage and lighting; installation of metal architectural screens, illuminated marquees, and gateway monuments; refinishing and painting of existing stucco and architectural elements; integration of new LED and festoon lighting systems with underground conduit and utilities; addition of new curb inlet screen protectors, placement of site furnishings such as benches, trash and recycling receptacles, and bollards; artificial turf landscaping; and refurbishment of existing gateway signage—all aimed at enhancing aesthetics, accessibility, and functionality within the Town Square, Main Street corridor, and 8th Street entry gateway.
3. PROJECT SCHEDULE
To be completed within ninety (460) calendar days after the issuance of a Notice to Proceed. All days set out in this Bid Packet are calendar days unless otherwise specified.
4. PROPOSAL REQUIREMENTS
SEALED PROPOSALS will be accepted at the Office of the City Clerk, City Hall, 1275 Main Street, El Centro, California until 2:00 PM local time ___________, 2025, at which time all proposals will be publicly opened and read aloud.
No bid will be received unless it is made on the prescribed bid form furnished by the City. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her/its address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified here and in the bid form. No emailed bids will be accepted.
4 Questions shall be submitted no later than _________________, 2025 by 5:00 PM local time, through Planetbids.com. Any responses will be posted as an addenda to the bid documents. No oral responses will be given.
Bid Solicitation Date
Bid Opening Date
Pre-Bid Meeting Date
Q&A Due Date
Estimated Award Date
PLANS & SPECIFICATIONS:
Copies of plans and specifications (bid book) may be obtained at Planetbids.com via the City of El Centro website www.cityofelcentro.org.
Bidders are also responsible for checking the City’s website at www.cityofelcentro.org for any addenda that may be posted.
MANDATORY PRE-BID MEETING: Bidders are required to attend a pre-bid meeting which will be conducted by the city at 10 a.m. on____________, 2025. The meeting will be held at the City’s Economic Development Department Conference Room located at 1249 Main Street El Centro CA, 92243. The object of the meeting is to acquaint bidders with the site conditions and mandatory bidding requirements.
Each bid must be accompanied by a guaranty of cash, certified check, cashier’s check or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the bid. Such guaranty will be forfeited should the bidder to whom the contract is awarded fail to enter the contract. All guaranties are to be returned after the contract is awarded.
In addition to the required documents listed on page 4, the bid may be considered incomplete and be disqualified if any of the following information is not provided.
1. On the bid form(s), the unit price items must be written in figures and total contract price must be written in words and figures. The words and figures shall appear on the blank spaces provided.
2. On pages 33-34 the Subcontractor’s Listing shall be completed. If no subcontractor will be used, indicate an “X” mark on the space provided for “No subcontractor.” The contractor shall possess a Class A license at the time this contract is awarded and at all times until completion of the project.
State Prevailing Wage Rates:
The salary and wage for any classification shall be the current applicable State of California wage rates.
5 In accordance with the provisions of Labor Code §§1770 to 1781 as duly enacted by the State of California, the City Council has ascertained the general prevailing rate of wages applicable to the work to be done as those shown in the specifications of the work. Information on the current state prevailing wages can be obtained by contacting the State of California, Department of Industrial Relations, Division of Labor Statistics and Research, 45 Fremont Street, Suite 1160, San Francisco, California, 94105, (415) 972-8628 or from the California Department of Industrial Relations’ internet website at http://www.dir.ca.gov.
All bids will be compared on the basis of the Engineer estimate of the quantities of work to be done. A bid will only be accepted from a contractor who is licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California as amended and as set out above.
Liquidated damages:
As set out in Section XVI of the Construction Services Agreement, CONTRACTOR shall pay to the CITY the sum of Five Hundred Dollars ($500.00) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.
Contractor and Subcontractor Registration with Department of Industrial Relations.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code §4104, or engage in the performance of any contract for public work, as that term is defined in Division 2, Part 7, Chapter 1 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code §1725.5. It is not a violation of Labor Code §1771.1 for an unregistered contractor to submit a bid that is authorized by Business and Professions Code §7029.1 or by Public Contract Code §§ 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code §1725.5 at the time the contract is awarded. A bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor’s and all subcontractor's current registration to perform public work pursuant to Labor Code §1725.5.
AWARD BASIS: The contract will be awarded based on the lowest responsive and responsible base bid as shown in the bid proposal form. See bid proposal form for further clarification.
Special attention of all prospective bidders is called to “Proposal Requirements and General Conditions” annexed to the blank form of the proposal for full directions as to bidding, etc.
If bidder is a corporate entity and is awarded the contract, prior to execution of the contract, the contractor shall submit satisfactory, documentary proof that the person(s) executing said contract on the behalf of said corporation has authority to do so.
Pursuant to California Public Contract Code §22300, the Contractor has the option of substituting securities for any money that is withheld by the City. Refer to section 1-23 of the General Conditions for further information. A copy of Public Contract Code Section 22300 is attached and
6 incorporated as Exhibit A.
RETAINAGE FROM PAYMENTS: CONTRACTOR may elect to receive one hundred (100%) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by OWNER, by depositing securities of equivalent value with OWNER in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by OWNER, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and OWNER.
FILING OF BID PROTESTS: By submitting a Bid, each Bidder hereby agrees and understands that the Bidder must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. With the express written Contract of the City and Bidder, and subject to the requirements of applicable law, this protest procedure can also be used to resolve issues surrounding the City’s determination of a Bidder as not responsible. The following terms as used in this Section shall have the following meanings:
“Protest” shall mean a written objection by an interested party or affected party to (i) the requirements or specifications contained in the Notice to Bidders or any portion of documents accompanying that notice; or (ii) a proposed award recommendation protest.
A. Solicitation Phase Protest. The purpose of the solicitation is to obtain competitive Bids from Bidders. Any Bidder who has submitted a bid and who believes that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise the AGENCY of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A. The Protest does not replace the requirement to report irregularities in the bid documents.
(1) Contents and Requirements
A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protester; and b. The Project Name and Project Number; and
c. A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish merits of the protest; and d. The desired resolution of the protest.
If the submitted protest does not comply with the requirements set forth herein,
7 then it will not be considered for evaluation and will be returned to the protestor. Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document.
(2) Evaluation and Determination
No hearing will be held on the protest. City’s Public Works Director or designee (“Public Works Director”), will review the protest and any supporting material and conduct an investigation of the facts. He/she may, but need not, requires other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.
The Public Works Director shall issue a final written decision regarding any solicitation protest to each Bidder prior to Bid opening. The written decision will cite any actions that will or will not be taken in response to the protest. That decision shall be final, and there shall be no further administrative recourse.
B. Protest of Award
(1) Contents and Requirements
Following the opening of the Bids, any unsuccessful Bidder may protest City’s proposed award of the Contract by submitting a protest to the Public Works Director no later than close of business on the fifth business day after the proposed award of the bid. That protest must be submitted in a timely manner, signed by the protesting Bidder, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protestor; and b. The Project Name and Project Number; and
c. The City action or recommendation that is being protested; d. A detailed statement setting forth every ground, reason, legal authority and facts in support of the protest, including all documents and evidence including specific references to parts of the bid documents; and
e. A clear statement of the relief request
A protest that does not comply with the requirements set forth herein will be returned to the protestor. The protest shall not be amended after filing. Any grounds for protest not raised are waived. The protest is a public document.
Award Protest Statements are public documents. City will notify the affected parties when a protest has been submitted, and will provide copies of the protest to the affected parties as soon as is reasonably practical.
(2) Evaluation and Determination
The affected parties may file responsive statements in support of or in opposition to the protest within three (3) business days after the receipt of the protest from the City/protesting bidder. The Community Services Director shall review the facts and all submittals relative to the protest and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all affected parties.
8 Unless otherwise required by law, no hearing shall be provided. In the event a hearing is conducted, the Public Works Director shall issue written notice to the protestor and affected parties identifying the date and time for the hearing, along with rules concerning the hearing.
C. Delay in Award
Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present:
1. The items or services being procured are urgently required;
2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to the City.
D. No Limitations on Remedies
Nothing contained herein shall be construed to act as a limitation of the City’s choice of remedies or confer any right upon any interested party or affected party to a remedy.
E. Basis for Choice Remedy
In determining the appropriate remedy, the City shall consider all of the circumstances surrounding the notice of bids and/or award, including, but not limited to:
1. The seriousness of any deficiency found to exist in the contracting process;
2. The effect of the action on the competitive process;
3. Any urgency surrounding the requirement to enter into a contract; and
4. The effect that implementing the remedy will have on the AGENCY.
F. Remedies
If the City determines that the award or proposed award was not made in accordance with applicable statues, regulations, policies and/or procedures, the City, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate:
1. Prior to award, City may issue a new solicitation, make a new selection/award recommendation, or award the contract consistent with applicable statutes, regulations, policies and procedures;
2. In its sole discretion, take no further action; or
3. Take any other action that is permitted by law to promote compliance.
CITY’S RIGHTS RESERVED: The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the City.
CITY OF EL CENTRO, CALIFORNIA
DATE: _____________________
_____________________________
9 Norma Wyles, City Clerk
END OF INVITATION FOR BIDS
10 REQUIRED DOCUMENTS
The following is a list of documents to be submitted as part of the bid packet. Proposals not containing the following documents could be considered incomplete and are subject to rejection.
• Completed Proposal/Bid Form
• Bid Bond
• Proposal Agreement
• Workers’ Compensation Certificate
• Drug/Alcohol Testing Requirements
• Noncollusion Affidavit
• Subcontractor Listing
• Corporate Certification Partnership Information
• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion • Faithful Performance and Labor and Materials Bond
• Certification of Qualifications for License Classification
11 PROPOSAL REQUIREMENTS
1. Examination of Plans, Specifications, Special Provisions and Site of Work: The bidder is required to examine carefully the site of work contemplated and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of the specifications, special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.
2. Bid Form: All proposals must be made on the bid forms to be obtained from the planetbids.com or through Community Services Department at 1249 West Main Street, El Centro, CA. All bids must give the prices proposed both in writing and figures and must be signed by the bidder with bidders’ business address.
If the bid is made by an individual, the individual's name and post office address must be shown. If made by a firm or partnership, then the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, then the bid must show the name of the State under the laws of which the corporation is chartered and the name, titles and business addresses of the President, Secretary and Treasurer.
A certification by the legal representative of the firm must be included in the bid.
3. Rejection of Bid Containing Alterations, Erasures or Irregularities: Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.
4. The Bid may be withdrawn upon request by the bidder without prejudice prior to, but not after the time fixed for opening of bids provided that the request is in writing, has been executed by the bidder or the bidders duly authorized representative and is filed with the City Clerk.
4.1 Omissions and Discrepancies: If the bidder finds discrepancies in or omissions on the drawings, or other contract documents or if bidder is in doubt as to their meaning, the bidder must at once notify the Director of Public Works who may send a written instruction to all bidders. Discrepancies or omissions raised after the award of bid are not a basis for relief of the bidder.
4.2 Interpretations and Addenda: No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents, or be effective to modify any of the provisions of the contract documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Public Works Director.
4.3 The City reserves the right to reject any or all bids.
5. Bidder’s Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the amount of said
12 bid, and no bid shall be considered unless such cash, cashier's check, certified check or bid bond is enclosed therewith.
5.1 Return of Bid Guaranty: Within ten (10) days after the award of the contract, the City Council will return the bid guaranties accompanying the bids, which are not to be considered in making the award. All other bid guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose bids they accompany.
5.2 Execution of Contract: The contract and contract documents shall be signed by the successful bidder and returned together with the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice the contract has been awarded. No bid shall be considered binding upon the City until the execution of the contract. Failure to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.
5.3 Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material men and laborers thereunder. The form of such bonds is set out in these bid documents. Such bonds shall meet the requirements of Section 11 below
6. Award of Contract: The award of the contract, if it is awarded, will be to the lowest responsive and responsible bidder whose bid complies with all the requirements prescribed. The lowest bid shall be the lowest base bid price on the base contract and those additive or deductive items that are specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals. All bids will be compared on the basis of the Engineer estimate of quantities of work to be done.
7. Projects financed in whole or in part with State funds shall be subject to inspection at all times by the Director of Public Works or his agents.
8. Removal of Defective and Unauthorized Work: All work which is defective in its construction or deficient in any of the requirements of these specifications, special provisions or plans shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Any work done beyond the lines and grades shown on the plans or established by the Public Works Director, or any extra work done without written authority will be considered as unauthorized and will not be paid for.
9. Upon failure on the part of the Contractor to comply with any order of the Public Works Director made under these provisions, the Public Works Director shall be the authority to cause defective work to be removed and to deduct the costs thereof from any monies due or to become due to the Contractor.
13 10. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final clean up performed, the Public Works Director will make the final inspection at the site.
11. Amount of Bonds: The faithful performance bond shall be in the sum of not less than one hundred percent (100%) of the contract price.
The bond for payment of material men and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price.
The forms of bonds required are attached to the form of contract below.
Payment and performance bonds shall be executed by a California-admitted surety insurer with a minimum A. M. Best Company rating of A+, Class VII.
Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient or the City Council has cause to believe such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the contractor or any assignee of the contractor until such further bond or bonds or additional surety has been furnished.
12. Compliance with Laws and Regulations: No proposal for work will be accepted from a contractor who is not licensed in accordance with the law under the provisions of Chapter 9 of Division III, of the Business and Professions Code of the State of California, as amended. The contractor awarded the contract shall also submit the Contractor’s Certification of Qualifications for License Classification contained in these contract documents along with the submission of the executed contract and acceptable sureties.
All bids submitted and all contracts awarded hereunder must be submitted, filed, made and executed in accordance with all applicable laws of the State of California and of the United States of America which relate to bids and contracts of the nature referred to herein, whether such laws are expressly referred to herein or not.
13. PREVAILING WAGES: In accordance with the provisions of Labor Code §§1770 to 1781, the City Council of the City of El Centro has adopted the latest publication of the General Prevailing Wage Rates entitled, “State of California, Department of Transportation, Equipment Rental Rates and General Prevailing Wage Rates.
END OF PROPOSAL REQUIREMENTS
14 PROPOSAL BID FORM
TO THE CITY OF EL CENTRO:
The undersigned hereby declares that it has carefully examined the location of the proposed work, that it has examined the plans and specifications and read the accompanying instructions to bidders and hereby proposes to furnish all material except owner furnished materials, and do all work required to complete the said work in accordance with said plans and specifications and special provisions for the unit prices set forth in the following schedule. The bidder shall furnish prices for all items shown in the proposal.
BASE BID SCHEDULE
SCHEDULE A
Item Description
Unit Amount Unit
Price Total Price
1 DIVISION 01 - GENERAL REQUIREMENTS LS 1
2 DIVISION 02 – EXISTING CONDITIONS LS 1
3 DIVISION 03 – CONCRETE LS 1
4 DIVISION 05 – METALS
LS 1
5 DIVISION 07 – THERMAL AND MOISTURE
PROTECTION
LS 1
6 DIVISION 09 – FINISHES
LS 1
7 DIVISION 10 – SPECIALTIES
LS 1
8 DIVISION 26 – ELECTRICAL – SEE ELECTRICAL
DRAWINGS
LS 1
9 DIVISION 31 – EARTHWORK
LS 1
10 DIVISION 32 – EXTERIOR IMPROVEMENTS
LS 1
15 EMBELLECE EL CENTRO DOWNTOWN BEAUTIFICATION PROJECT / El Centro, CA For the total sum of:
Dollars
($ ), hereinafter called Base Bid Price
AWARD BASIS: The contract will be awarded based on the lowest responsive and responsible Total Bid Price as shown on Proposal Bid Form.
1.00 – The undersigned hereby acknowledges the receipt of the following addendum:
None______; No. 1______; No. 2______; No. 3______; No. 4 ______; No. 5______
2.00 – The undersigned hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation.
3.00 – The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.
4.00 – The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Name of firm:
Address of firm:
Telephone
Number:
( ) Fax Number: ( )
Contractor’s License
Number:
Type:
Signed: Date:
END OF PROPOSAL/BID FORM
16 BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT _____________________________________________, hereinafter called Principal, and _______________________________________, hereinafter called Surety, are jointly and severally held and firmly bound unto the City of El Centro, hereinafter called Owner, in the penal sum of ______________________________ dollars ($________________) 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.
WHEREAS, Principal is herewith submitting a bid for the work entitled “Embellece El Centro Downtown Beautification Project”
NOW, THEREFORE, the condition of this obligation is such that if Principal is awarded a contract for the work, and if Principal within the time specified in the bid enters into, executes and delivers to owner an agreement in the form provided herewith, and if Principal within the time specified in the bid gives to the owner the performance bond and the payment bond on the forms provided herewith, then this obligation shall be void. If, however, Principal shall fail or refuse to furnish, execute and deliver to owner said agreement in the time stated in the bid or should fail or refuse to furnish performance bond and payment bond in the time stated in the bid, then Principal and Surety shall forfeit to Owner the penal sum hereof.
AND, IT IS HEREBY DECLARED AND AGREED that Surety shall be liable under this obligation as Principal, and that nothing of any kind of nature whatsoever that will not discharge, Principal shall operate as a release of liability of Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and sealed this ________day of _______________, 202___.
BY:
BY:
Insurance companies A.M. Best Company identifying
number:
END OF BID BOND
17 PROPOSAL AGREEMENT
The undersigned agrees that this bid may not be withdrawn within a period of ninety days from the opening thereof, and further agrees that in case of default in executing the required contract with necessary bonds with the ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of El Centro, California.
The certified or cashier's check, cash deposit or bid bond accompanying this proposal is in the amount of ten percent (10%) or more of the aggregate amount of this bid.
The undersigned is licensed in accordance with the Laws of the State of California.
License Number: Class:
Registration Number:
Company
Business Address
Telephone Number
Fax Number
Signature Bidder Date
END OF PROPOSAL
18 CITY OF EL CENTRO
CONSTRUCTION SERVICES AGREEMENT
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”), is made and effective , by and between the City of El Centro, a municipal corporation ("CITY"), and , a ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. SCOPE OF WORK
A. CONTRACTOR shall provide all labor, materials, equipment, and services required to perform the Work as indicated in the Construction Plans and incorporated herein by this reference. Furthermore, CONTRACTOR shall perform the Work in accordance with the Payment Schedule outlined in Sections 1-23, 1-24, 1-25 and 1-26 of the General Conditions and incorporated herein by this reference.
B. All services and equipment shall be provided at the times and places designated by the CITY.
C. All days set out here are calendar days unless otherwise specified.
II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Schedule attached hereto as Exhibit B. All work shall commence within ten (10) calendar days after receiving a written Notice to Proceed from the CITY. The Project shall be completed within 460 calendar days from the date of commencement of work, unless earlier terminated or extended as provided in Article 12.
III. THE CONTRACT SUM
Notwithstanding any provisions of this Agreement to the contrary, CITY and CONTRACTOR mutually agree that CITY's maximum cumulative payment obligation hereunder
(Including, but not limited to all obligations for CONTRACTOR's costs and profit), shall be _
dollars ($ ) for the Scope of Work which shall
include all amounts payable to CONTRACTOR for its labor, subcontracts, leases! materials, equipment, the deliverables, and costs arising from CONTRACTOR's performance of this Agreement. CONTRACTOR exceeds the maximum cumulative amount at its own risk and expense.
19 I. PROGRESS PAYMENTS
a. For CONTRACTOR's full and complete performance of its obligations under this Agreement, and subject to the maximum cumulative payment obligation provisions set forth in Article 6 below, CITY shall pay CONTRACTOR in accordance with Sections 1-23, 1-24, 1-25 and 1-26 of the General Conditions.
b. CONTRACTOR shall submit invoices monthly during the term of this Agreement, based on the cost for services performed prior to the Invoice date. Invoices shall contain the following:
• Serial identification of progress bills: i.e., Progress Bill No. 1 for the first invoice, etc. • The beginning and ending dates of the billing period
• A task summary containing the original contract amount, the amount of prior billings, the total due the current period, the balance available under the Agreement and the percentage of completion • At CITY's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, and/ or a brief description of the work
• The CONTRACTOR's signature
c. Monthly Payment CITY shall make payments based on invoices received for services satisfactorily performed and may retain 5% of such amount.
Notwithstanding, Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public Agency to ensure performance under a contract, at the request and expense of the CONTRACTOR until completion of the term of the contract. The provisions of Exhibit “B,” attached and incorporated, govern such substitution. See Exhibit A.
d. Final Payment CITY shall pay the last 5% of the total sum due pursuant to this Agreement within thirty - five (35) days after written acceptance of all satisfactory work under this Agreement (which may be indicated by a Notice of Completion) or as otherwise agreed with the Contractor. e. Contractor Claims Any Contractor claims under this Agreement are subject to the provisions of Public Contract Code Section 9204, attached and incorporated here as Exhibit "B".
V. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless City, its officers, agents, employees and volunteers (“CITY”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels’ fees, expert fees and all other costs and
20 fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
CONTRACTOR’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
VI. PREVAILING WAGES
Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for Imperial County. Wage rates shall conform to those posted at the CITY offices and the Project site. Statutory provisions for penalties for failure to pay prevailing wages or to comply with State wage and hour laws will be enforced.
The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1773.8 - Travel and Subsistence Pay
2. Section 1774 - Prevailing Wage Requirement
3. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates
4. Section 1776 - Payroll Records (as applicable)
5. Section 1777.4 - Apprenticeship Requirements
6. Section 1777.5 - Apprenticeship Requirements
7. Sections 1810 and 1811 - Working Hour Restrictions
8. Section 1813 - Penalty for Failure to Pay Overtime
9. Section 1815 – Overtime Rate Requirement
VII. RECORD AUDIT
Under California Government Code, Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars ($10,000), any records or documents of both the CITY and the CONTRACTOR shall be subject to examination, audit, and/or copying at any time during regular business hours by the Auditor General for a period of
21 three (3) years after final payment, upon oral or written request of the CITY.
VIII. CERTIFICATIONS
At the time of commencing work and throughout the Project duration, CONTRACTOR shall be in possession of a valid California State Contractor’s License with the following classifications: [Class A License]
Furthermore, CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of _____________, and that _________________ whose title is __________________________, is authorized to act for and bind the corporation.
IX. BONDING REQUIREMENTS
CONTRACTOR shall deliver to the CITY two fully executed, identical counterparts of the Faithful Performance Bond and Payment (Labor and Materials) Bond. Each bond shall be for one hundred percent (100%) of the Contract Price. The surety insurer shall be admitted to transact surety business in the State of California, in accordance with Code of Civil Procedure section 995.120. Personal sureties and unregistered surety companies are unacceptable. Failure to furnish a bond within the time requirements may result in the forfeiture of the Bid Guarantee at the sole discretion of City.
X. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CITY from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof
22 taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
23 XI. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.
CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until CONTRACTOR has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to DISRICT. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. All insurance coverage and limits provided by CONTRACTOR and available or applicable under this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.
A. CONTRACTOR shall provide the following types and amounts of 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, policies of insurance of the type and amounts described below and, in a form, satisfactory to CITY.
Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
24 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 the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Workers’ compensation insurance CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
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.
Other provisions or requirements
a. Proof 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. Insurance certificates and endorsements 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 contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
b. Duration of coverage CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies. c. Primary/noncontributing Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY 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 noncontributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
d. CITY’s rights of enforcement In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may
25 cancel this Agreement.
e. 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 VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.
f. 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 specifications 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 subconsultants.
g. Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
h. 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. i. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY 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.
j. 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.
k. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing. l. Separation of insureds. A severability of interests’ provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of
26 liability. The policy(ies) shall not contain any cross-liability exclusions. m. Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
n. CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
o. 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 specifications unless approved by CITY.
p. 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.
q. Additional 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 Work.
r. Claims-made limitations. The following provisions shall apply if any of the required policies are written on a claims-made basis:
i. The retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement, CONSULTANT must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The CITY shall have the right to exercise, at the CONSULTANT'S sole cost and expense, any extended reporting provisions of the policy, if the CONSULTANT cancels or does not renew the coverage. iv. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
XII. REGISTRATION REQUIREMENTS
27 Pursuant to Section 1771.1(a) of the Labor Code, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
NOT APPLICABLE: If CONTRACTOR is not required to register with the Department of Industrial Relations due to the Small Project Exemption, Effective July 1, 2017, CONTRACTOR is still required to maintain certified payroll records on a continuous basis, and provide them to the Labor Commissioner’s Office upon request. Certified payroll records will be provided by CONTRACTOR to CITY upon request.
XIII. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
Clayton and Cartwright Acts: The CONTRACTOR and any and all subcontractors offer and agree to assign to the CITY all rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Profession Code) arising from purchases of goods, services or materials pursuant to the public works contract or any subcontract.
Trenching: For any jobs involving trenching more than four (4) feet deep, the CONTRACTOR shall notify the CITY of hazardous materials, subsurface or latent physical site conditions different from those indicated in information about the site made available to bidders, as well as unusual site conditions and the CITY shall investigate those as required by Public Contracts Code Section 7104.
28 XIV. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, 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 hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.
B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous 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 will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises 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 Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law that pertain to the resolution of disputes and protests between the contracting parties XV. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of Five Hundred ($500.00) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.
CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages.
In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract
29 Documents, and is expressly in addition to the CITY’s ability to seek other damages.
CONTRACTOR is to refer to Section II, Project Construction Schedule for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule.
XVI. COMPONENT PARTS OF THE CONTRACT
A. The complete Agreement shall consist of the following component parts, to-with:
This Agreement; Amendments, if any; the accepted CONTRACTOR’s bid/proposal, dated September 02, 2025, including all required attached documents; each of the component parts of the " Embellece El Centro Downtown Beautification Project”, and the addenda, if any.
Agreement between CITY and CONTRACTOR and the said other documents are as fully a part of this Agreement as if hereto attached or herein repeated.
This instrument and the other documents mentioned above in this Article 1 constitute the complete and exclusive statement of the term(s) and condition(s) of the Agreement between CITY and CONTRACTOR and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s).
B. In the event of any discrepancy between or among the portions of the Agreement Documents, the following shall take precedence: (a) Change Orders/ Amendments/ Modifications; (b) this Agreement; (c) the accepted CONTRACTOR’s bid/proposal; (d) Addenda, if any; and (e) the solicitation, dated September 2, 2025.
C. CITY's failure to insist in any one or more instances upon CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s) and CONTRACTOR's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically authorized by signed written amendment to this Agreement issued in accordance with the provisions of this Agreement.
D. All days set out here shall be calendar days unless otherwise specified.
XVII. ENTIRE CONTRACT
This Contract constitutes the entire contract of the parties. No other Contracts or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties.
This Contract can be modified only by an amendment in writing, signed by both parties.
No waiver of any term or condition of this Agreement shall be a continued waiver thereof.
CONTRACTOR CITY
City of El Centro
By: ____________________________ By: ____________________________
30 Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________ ATTACHMENTS:
Non-collusion Affidavit
Faithful Performance Bond
Labor and Materials Bond
31 FAITHFUL PERFORMANCE BOND
Whereas, CITY OF EL CENTRO, State of California, and ____________ (hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated ____, 2025, and identified as project ____, is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the Principal and __________________________, as surety, are held and firmly bound unto the CITY OF EL CENTRO (hereinafter called (“City”), in the penal sum of _________________ dollars ($_________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above-bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY OF EL CENTRO, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 2025.
_______________________________
Principal
By: ____________________________
_______________________________
Surety
By: ____________________________
Its Attorney-in-Fact
END OF FAITHFUL PERFORMANCE BOND
32 LABOR AND MATERIALS BOND
Whereas, the CITY OF EL CENTRO, State of California, and ________________ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated ___________, 2025, and identified as project ____________________, is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro 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, the Principal and the undersigned as corporate surety and admitted surety insurer, are held firmly bound unto the City of El Centro (“City”) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the 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 attorney’s fees, incurred by City 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.
Should 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 agreement 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, this instrument has been duly executed by the principal and surety above named, on ____, 2025.
_______________________________ _____________________________ Principal Surety
By: ____________________________ By: __________________________ Its Attorney-in-Fact
END OF LABOR AND MATERIALS BOND
33 WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by Labor Code §§1860 and 1861:
I am aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
_____________________________ ____________________________ Date Contractor’s Name
____________________________
Contractor’s Signature
____________________________
Title
ATTEST:
By _____________________________
Signature
_____________________________
Title
END OF WORKERS’ COMPENSATION INSURANCE CERTIFICATE
34 DRUG/ALCOHOL TESTING REQUIREMENTS
The Contractor shall execute the following form as required by the Federal Drug and Alcohol, section 49 CFR Part 382.
I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.
Contractor certifies compliance with the City of El Centro’s Drug and Alcohol-Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code section 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. section 701 et seq.) In addition, Contractor agrees to submit a copy of its own drug free workplace policy.
Dated_____________________________ __________________________________ Contractor’s Name
__________________________________
Contractor’s Signature
__________________________________
Title
END OF DRUG/ALCOHOL TESTING REQUIREMENTS
35 SUBCONTRACTORS LISTING
The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State who, under subcontract to the prime contractor, 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 (.005%) of the prime contractor’s total bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. The prime contractor shall list only one subcontractor for each portion of the WORK.
If the Bidder does NOT intend to use ANY subcontractors, then state “NONE” in the first block.
The Bidder’s attention is directed to the provisions of the section entitled “Subcontract Limitations” of the Supplementary General Conditions, which stipulates the percent of the WORK to be performed with the Bidders’ own forces. Failure to comply with this requirement will render the Bid non-responsive and may cause its rejection.
PORTION OF WORK NAME/State Contractor
License No/DIR Registration
No
PLACE OF BUSINESS
ADDRESS/TELEPHONE No.
36 * No subcontractor will be used for this project.
*Indicate if no subcontractor will be used.
END OF SUBCONTRACTORS LISTING
37 NON-COLLUSION DECLARATION FOR CORPORATION
The undersigned declares:
I am the of , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true.
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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state].”
END OF NONCOLLUSION DECLARATION FOR CORPORATION
38 CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
Name of Corporation or Partnership
_________________________________________________
State of Incorporation
_____________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Date_____________________________ Contractor____________________________ Signature_________________________ Title________________________________ ATTEST:
________________________________________
Signature by
________________________________________
Title
END OF CORPORATE CERTIFICATION
39 CONTRACTOR’S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:
1. If an individual, I hereby certify that I am, or my responsible managing employee ________________________ (insert name) is, qualified for the license classification called for in these contract documents.
2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _______________________________ (insert name), or responsible managing employee __________________________________ (insert name), is qualified for the license classification called for in these contract documents.
3. If a corporation, or any other combination or organization, the responsible managing officer _______________________________ (insert name), or a responsible managing employee ________________________________ (insert name), is qualified for the license classification called for in these contract documents.
If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the Director of Public Works in writing of such change, including the name, license number and status of the individual.
For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.
DATED: ____________________ CONTRACTOR:
___________________________________
SIGNATURE: _____________________________ TITLE:
______________________________
ATTEST:
SIGNATURE BY: ___________________________________________ TITLE: ____________________________________________________
40 GENERAL CONDITIONS
1-01 DEFINITIONS.
a) The word “City” shall mean the City of El Centro, California. b) The term “City Council” shall mean the City Council of the City of El Centro. c) The word “Contractor” shall mean the party of the second part entering into the contract with the City for the performance of work required by these specifications, and legal representatives of said party, or agent appointed to act for said party in the performance of the work. Said party is referred to throughout the contract documents as if of the singular number and the masculine gender.
d) The term “Day” shall mean calendar days unless otherwise provided. e) The term “Director of Public Works” shall mean the City of El Centro Public Works Director, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
f) The word GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the latest Edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, CA 92081 (760) 734- 1113.
1-02 CONTRACT DOCUMENTS
The Notice of Inviting Bids, the Instructions to Bidders, the Proposal, the Specifications, and the Drawings, together with the Agreement and all documents referenced there, constitute the Contract. These Contract documents are complimentary, and what is called for in any one (1) shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at its sole cost and expense shall perform all labor and services and shall furnish all materials, tools, equipment, and facilities necessary for the proper execution of the work, with the exception of such items as are definitely set forth in the specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the specifications or in the specifications and not in the drawings shall be performed by the Contractor as though shown in both the drawings and the specifications. 1-03 AUTHORITY OF THE PUBLIC WORKS DIRECTOR
The Public Works Director shall give all orders and directions contemplated under the contract; shall determine the adequacy of the Contractor’s methods, plans, and appurtenances; shall determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for; shall determine all questions in relation to said work and the construction thereof; and shall decide in all cases every question, which may arise relative to the fulfillment of this contract on the part of the Contractor. Should any discrepancy appear or any misunderstandings arise as to the import of anything contained in the specifications or drawings, the matter shall be referred to the Public Works Director, who shall decide the same in accordance with the true intent and meaning as construed by that Director, and that decision shall be binding on the Contractor. Any differences or conflicts which may arise between the Contractor
41 and other contractors of the City in regard to their work shall be adjusted and determined by the Public Works Director.
1-04 ACCESS TO WORK
The Public Works Director, their assistants, inspectors, agents, and other employees shall at all times and for any purposes have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefor. 1-05 LINES AND GRADES
All distances and measurements are given and will be made in horizontal plane. Grades are given from the top stakes, or nails, unless otherwise noted on the plans.
Three consecutive points shown in the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Public Works Director. If such a discrepancy is not reported to the Public Works Director, the Contractor shall be responsible for any error in the finished work.
Services Assistance Notice: The Contractor shall give at least twenty-four (24) hours’ notice in writing when he will require the services of the Public Works Director for laying out any portion of the work. The Contractor shall furnish the Public Works Director such facilities and labor necessary for marking and maintaining points and lines as he may require. Labor furnished by the Contractor for such purposes will be paid for as extra work.
The Contractor will preserve all stakes and points set for lines, grades or measurements of the work in their proper places until authorized to remove them by the Public Works Director. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the Contractor.
1-06 LEGAL ADDRESS OF CONTRACTOR
The address given in the Contractor’s proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice, letters, or other communication to the Contractor shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailing or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the Public Works Director.
1-07 CONTRACTOR'S RESPONSIBILITIES
(a) The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work so as to secure the safety of the workers, the quality of work required and the required rate of progress. (b) The Contractor shall bear all losses resulting to it on account of the amount of character of the work, or from any unforeseen obstructions or difficulties, which may be encountered, on account of the weather, floods, or other causes.
(c) The Contractor shall assume the defense of and indemnify and save harmless the City and its officers and agents from all claims of any kind arising from his own negligence or that of its agents in the performance of the contract.
42 (d) The Contractor shall be responsible for any materials furnished him and for the care of all work until its completion and final acceptance, and shall at its own expense replace damaged or lost material and repair damaged parts of the work, or the same may be done at its expense by the City.
(e) During the progress of the work the Contractor shall keep the premises occupied by it in a neat and clean condition, and free from any unsightly accumulation of rubbish, unused material, concrete forms, and other equipment and materials belonging to him or used under its direction during construction, and in the event of its failure to do so, the same may be removed by the City at the expense of the Contractor. (f) Traffic Control. The Contractor shall be responsible for maintaining traffic control at all times under the guidelines of the California Manual on Uniform Traffic Control Devices (“California MUTCD”). Contractor shall submit two (2) traffic control plans in a minimum of two (2) business weeks for pre-approval by the Public Works Director before starting construction work.
1-08 CONTRACTOR TO FURNISH INFORMATION
(a) Before proceeding with the erection of the construction plant, and other temporary structures, the Contractor shall furnish the Public Works Director with information and drawings of all such structures as may be required.
(b) Drawings and prints in such detail as may be required, or articles, machinery, or fabricated materials entering into permanent construction which are by these specifications required to be furnished by the Contractor and of which detailed drawings are not furnished by the City shall be submitted by the Contractor for approval and shall become the property of the City. Such approval shall not, however, operate to waive or modify any provision or requirement contained in these specifications.
1-09 EXAMINATION OF WORK
Bidders must examine the location, physical conditions and surrounding of the proposed work and judge for themselves the nature of the excavations to be made and the work to be done.
The Contract documents for the work show conditions as they are supposed or believed by the Engineer to exist, but it is not intended or to be inferred that the conditions as shown therein constitute a representation or warranty, express or implied, by the City or any of it officers or employees, that such conditions are actually existent, nor shall the Contractor be relieved of the liability under his contract, nor shall the City or any of its officers or employees be liable for any loss sustained by the Contractor as a result of any variance between conditions shown in the Contract Documents and the actual conditions revealed during the progress of the work or otherwise.
1-10 PLANS AND DRAWINGS
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Public Works Director, except by direction of the Public Works Director.
43 Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Public Works Director and authorized in writing.
Working drawings or plans for any structure not included in the plans furnished by the Public Works Director shall be approved by the Public Works Director before any work involving these plans shall be performed, unless approval is waived in writing by the Public Works Director.
It is mutually agreed, however, that approval by the Public Works Director of the Contractor’s working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall conform to the approved plans and specifications. 1-11 PERSONAL ATTENTION
The Contractor shall give his personal attention constantly to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized and competent representative, on the site of the work, continually during its progress, to receive directions or instructions from the Public Works Director. Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the Public Works Director, and shall be received and obeyed by the superintendent or foreman who may have charge of the particular part of the work in reference to which orders are given. 1-12 PROTESTS
All protests and disputes after final award of the contract are subject to the provisions of Public Contract Code Section 9204 as attached and incorporated. 1-13 RIGHT-OF-WAY
The right-of-way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside of the limits of the right-of-way, unless otherwise provided in the special conditions. 1-14 TIME AND ORDER OF WORK
(a) The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the Public Works Director, to complete the work or any separable portions thereof in accordance with a progress schedule and within the time limit fixed by the contract. If the Contractor should fail to employ sufficient force, plant, materials and tools or to maintain adequate progress he may, after such failure, be required to increase its progress at any point or points or to modify his plans and procedures in such manners and to such extent as the Public Works Director may direct, any extension of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the Public Works Director of the time for the completion of the contract, as hereinafter provided a revised schedule of progress may be prescribed in accordance with such extension of time. (b) The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the contract. 1-15 ASSIGNMENT FORBIDDEN
The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or of his right, title or interest in or to the same or any part thereof, without the previous consent in writing
44 of the Public Works Director and he shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the contract unless by and with the like consent signified in like manner. If the Contractor shall, without such previous written consent, assign, transfer, convey or otherwise dispose of the contract or of his right, title or interest therein, or of any of the monies to become due under the contract, to any other person, company or other corporation, the contract may at the option of the City be terminated and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Contractor, and to his assignee or transferee.
No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof, or by reason of the assignment of any monies to become due hereunder, unless authorized as aforesaid by the written consent of the Public Works Director. 1-16 SUBLETTING
The Contractor shall give his personal attention of the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the Public Works Director, the subcontractor shall be removed immediately on the recommendation of the Public Works Director and shall not again be employed on the work. 1-17 SUSPENSION OF CONTRACT
(a) If the work to be done under the contract shall be abandoned by the Contractor, or if the Contractor shall make a general assignment for the benefit of his creditors or be adjudicated a bankrupt, or if a receiver of his property or business is appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than hereinbefore specified, or if at any time the Public Works Director shall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the contract, or of the specifications, or is executing the same in bad faith or not in the time named in the contract for its completion, or within the time to which the completion of the contract may have been extended as hereinbefore provided, the Public Works Director, acting on behalf of the City, may, by written notice, instruct the Contractor to discontinue all work or any part thereof under this contract.
(b) When such written notice is served upon the Contractor as provided in section 1-06, he shall immediately discontinue the work or such part thereof as is covered by the notice and shall not resume the same except by written instructions from the Director of Public Works. In any such case, the City may take charge of the work and complete it by a new contract or by force account. In so doing, the City may take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purposes of his work. The City may procure other materials and provide labor for the completion of same, or contract therefore and charge the expense of completion by either method to the Contractor. These charges shall be deducted from such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if the same had been completed by him, he shall pay the amount of such excess to the City; and in case such expense shall be less than the amount which would have been payable under this
45 contract if the same had been completed by the Contractor, he shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Public Works Director, to reimburse the Contractor or the Contractor's sureties for any expense, properly incurred for plant, equipment, materials, supplies and labor devoted to the prosecution of the work of which the City shall have received the benefit and which shall not have been otherwise paid for by the City. In computing such expense so far as it shall be deducted from the depreciated value thereof at the time taken over by the City and the difference shall be considered as an expense. Evidence of such expense satisfactory to the Public Works Director, shall be required, and all necessary estimates and appraisements shall be made by him.
When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of his contract, and in such manner as in nowise to hinder or interfere with the persons or workers employed, as above provided, by the City, by contract or otherwise to do any part of the work or to complete the same under the provisions of this section.
1-18 SUSPENSION OF WORK – EXTENSION OF TIME - NO EXTRA COMPENSATION (a) The Public Works Director shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work or for such time as he may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the Public Works Director. (b) Applications for extension of time must be made promptly in writing, stating cause. No delay shall be made the basis in any application for extension of time, unless such delay and the cause thereof shall have been called to the attention of the Public Works Director in writing within the ten (10) days from the beginning of such delay. Applications for extension of time shall be addressed to the Public Works Director. (c) Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in nowise operate as a waiver on the part of the City or any of its rights under this contract. (d) The Contractor shall receive no compensation on account of any suspension of the work either in whole or in part or for any delay or hindrance herein mentioned except as provided in the Detail Specifications or as otherwise required by law. 1-19 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES (a) The Contractor shall pay for each and every day, including Sundays and legal holidays that they shall be in default in completing the whole work to be done under this contract, the sum named in the Special Provisions, which sum is by the execution of the Agreement mutually agreed upon as liquidated damages which the City will suffer by reason of such default. The City shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor under this contract. (b) It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the
46 interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges.
(c) The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by the acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Public Works Director in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive.
1-20 CHANGES
(a) If either the Public Works Director or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these specifications, the Public Works Director may prescribe a modification of requirements of methods of work. For such purposes, the Public Works Director may at any time during the life of the contract, by written order make such changes as he shall find necessary in the design, line, grade, form, location, dimensions, plan or material of any part of the work or equipment hereinafter specified, or in the quantity or character of the work or equipment to be furnished. If such changes increase or diminish the quantity or amount of work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with; provided, that if such changes or alterations render useless, any work already done or materials already furnished or used in the work, the Public Works Director shall make reasonable allowance therefore, which action shall be binding upon both parties.
(b) In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the contract, wherever such unit price has been established. In the event no prices are named in the contract to cover such changes or alteration, the cost of such changes shall be covered as hereinafter provided for extra work.
(c) The City reserves the right to increase or decrease the quantity of any item or portion of work or to omit portions of the work as may be deemed necessary or expedient by the Public Works Director.
1-21 EXTRA WORK
(a) If during the performance of the contract, it shall, in the opinion of the Public Works Director, become necessary or desirable for proper completion of the contract to order work done or materials or equipment furnished which in the opinion of the Public Works Director are not susceptible of classification under the bid items, the Contractor shall do and perform such work and furnish such materials and equipment as extra work, as
47 hereinafter provided. All extra work shall be ordered in writing before it is started. No extra work shall be paid for unless ordered in writing. (b) Extra work will ordinarily be paid for at a lump sum or unit price agreed upon in writing by the Public Works Director and the Contractor before the extra work shall be ordered. (c) Whenever in the judgment of the Public Works Director extra work or extra material, as the case may be, is not of like character to and is not susceptible of classification under the bid items of the contract as specified, and it is impracticable because of the nature of the work, or for any other reason to fix the price before the extra work order shall be issued, extra work and material, when furnished by the Contractor, shall be paid for at actual necessary cost of materials, supplies, labor (including foremen’s wages), Workers’ Compensation insurance, contributions made to the State as required by the provisions of the Unemployment Insurance Act, Chapter 352, Statutes of 1935, as amended, taxes paid to the Federal government as required by The Social Security Act, approved August 14, 1935, as amended and the reasonable value of the use of equipment for the actual time it is used, all as determined by the Director of Public Works, plus fifteen percent (15%) to cover the following:
Profit
General Expenses
All insurance except Workers’ Compensation insurance
Excise taxes
Property taxes
Bond premiums
License and inspection fees imposed by any governmental authority Any and all other items of expense not specifically mentioned under this subsection (c) herein
The Public Works Director determination and certification of said actual necessary cost shall be binding and conclusive on the Contractor, and the Public Works Director shall be deemed the arbiter to determine the cost of such work. (d) If any work or materials be ordered under this section on a cost-plus basis, the Contractor shall, at the times directed during the performing of the work or the furnishing of the materials, render to the Public Works Director, written reports in prescribed form, showing all items that may enter into the cost, the quantity and the character of each such material, from whom purchased and the net amount paid or to be paid therefore, and such other information as directed. If required, the Contractor shall produce any books, vouchers, other records, or memoranda, which will assist the Public Works Director in determining the true, necessary cost of the work and materials to be paid for. (e) Any extra work performed hereunder shall be subject to all the provisions of the contract and the Contractor's sureties shall be bound with reference thereto as under the original contract.
1-22 COST BREAKDOWN
Within ten (10) days after commencing work, the Contractor shall submit, to the Public Works Director, a cost breakdown in duplicate of all unit and lump sum prices under the contract. The breakdown, as approved, may be used by the Public Works Director to verify the fair value of the work for progress payments.
48 1-23 PROGRESS ESTIMATES
The Public Works Director, shall on or about the fifth (5th) day of each calendar month, except as provided in section 1-23, make in writing and certify an estimate such as in her/his opinion shall be just and fair, of the amount and value of the work done by the Contractor and of the amount and value of all acceptable materials furnished and delivered by the Contractor to the site and not used up to that time in the performance of the contract. To the figure thus arrived at, shall be added any amounts due the Contractor for extra work and the amount of any approved claims for extra cost to the date of the progress estimate.
A deduction of five percent (5%) shall be made from the estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, and from the remainder there shall be further deducted any amounts due the City from the Contractor for supplies or materials furnished or services rendered and any the other amounts that may be due the City under the terms of the contract. From the balance thus determined shall be deducted the amount of all previous payments and the remainder shall constitute the progress estimate for that month.
Such progress estimates shall not be required to be made by strict measurement, but they may be made by measurement or by estimation, or partly by one method or partly by the other, and it shall be sufficient if they are approximate only.
Pursuant to Public Contract Code §22300, the Contractor has the option of substituting securities for any money that is withheld under this section.
1-24 PROGRESS ESTIMATES MAY BE WITHHELD
The progress estimates provided for in section 1-23 hereof may at any time be withheld or reduced if, in the opinion of the Public Works Director, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or if the Contractor shall fail to pay his labor and material bills as they become due.
1-25 PROGRESS PAYMENTS
(a) Upon each progress estimate being made and certified in writing, the City shall, within fifteen (15) days after the date of such estimates, except as set forth in subsection (b) hereof, pay to the Contractor the amount stated in such estimates to be due the Contractor; provided, however, that the City may at all times reserve and retain from such progress payments, in addition to the retained percentage and other amounts above mentioned to be deducted in computing the progress estimated, any sum or sums which by the terms hereof, or of any law of the State of California, it is or may be authorized or required to reserve or retain; and provided further, that no progress estimate or progress payment shall constitute an acceptance of the work or any portion thereof. The percentage deducted as above set forth shall become due and payable with and as a part of the final payment to be made as hereinafter provided. (b) In the event the contract or any part thereof shall be suspended as provided in section 1- 17, the retained percentage as provided in section 1-23, shall become the sole and absolute property of the City to the extent necessary to repay to the City any excess in the cost of the work above the contract price. After issuance of notice to discontinue work, no
49 payments upon progress estimates or otherwise shall thereafter be made the Contractor for the work covered by said notice until completion of the work. 1-26 FINAL ESTIMATE AND PAYMENT
(a) Whenever in the opinion of the Public Works Director the Contractor shall have completely performed the contract on his part, the Public Works Director will submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate.
The Contractor will be expected to submit his written approval of said proposed final quantities within five (5) days of receipt of the Public Works Director’s statement, or in the event the Contractor disagrees with such written statement, shall within said period of five (5) days file a written statement of all claims, which he intends to present. (b) Upon receipt from the Contractor of written approval of the final quantities or such written statement of his claims, the Public Works Director shall make in writing and certify to the City Clerk an estimate in which he shall state, from actual measurements, the whole amount of work done by the Contractor and also the value of such work under and according to the terms of the contract. Within ten (10) days after the date of receipt of the aforesaid approval or statement, the Public Works Director shall cause to be filed, on behalf of the City, in the Office of the Imperial County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of thirty-five (35) days after the filing of such notice of completion of the work, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the first mentioned estimate all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract. (d) All prior estimates upon which partial payments have been made shall be subject to correction in the final estimate. The final estimate and payments made thereunder shall be final and conclusive upon the Contractor.
1-27 RECOVERY OF DAMAGES
The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specifications.
1-28 FINAL PAYMENT TERMINATES LIABILITY
The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents from all claim and liability to the Contractor for anything done or furnished for or relating to the work or for any act or neglect of the City or of any person relating to or affecting the work except the claim against the City for the remainder, if any, of the amount kept or retained as provided in section 1-31.
1-29 NO PERSONAL LIABILITY
No agent of the City shall be personally responsible for any liability arising under the contract. No claims shall be made or filed and neither the City nor any of its agents shall be liable for or held to pay any money, except as specifically provided in the contract.
50 1-30 MONIES MAY BE RETAINED
The City may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefore, to the payment of any expense, losses or damages as determined by the Public Works Director incurred by the City for which the Contractor is liable under the contract.
1-31 UNPAID CLAIMS
If, upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within such claims of liens may be filed for the record as prescribed by Civil Code §§ 9350 et seq,, any person or persons claiming to have performed any labor or furnished any material, supplies or services toward the performance or completion of this contract, or that they have agreed to do so, shall file with the City a verified statement of such claim, stating in general terms the kind of labor and materials and the name of the person to or for whom the same was done or furnished, or both, together with a statement that the same has not been paid or if any person or persons shall bring against the City or against any agent or agents thereof any action to enforce such claim, the City shall until the discharges thereof withhold from the monies under its control so much of said monies due or to become due the Contractor under this contract as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the costs thereof; provided that if the City shall in its discretion permit the Contractor to file such additional bonds as is authorized by Civil Code §9364, in a penal sum equal to one hundred twenty-five percent (125%) times the amount of said claim, said monies shall not thereafter be withheld on account of such claim. 1-32 ADDITIONAL SURETY
If during the continuance of the contract, any of the sureties upon the faithful performance bond in the opinion of the Public Works Director are/or become insufficient, he may require additional sufficient sureties which the Contractor shall furnish, to the satisfaction of the Public Works Director, within fifteen (15) days after notice and in default thereof the contract may be suspended and the work completed as provided in section 1-17 hereof. 1-33 PREVAILING RATE OF PER DIEM WAGES
The City has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of worker or mechanic needed to execute the contract and has specified same in the Notice of Inviting Bids which is attached hereto and made a part of the contract. The Contractor shall forfeit as a penalty to the City of not more than fifty dollars ($50) for each laborer, worker or mechanics employed for each calendar day or portion thereof, such laborer, worker or mechanic is paid less than the required rates for any work done under the contract by him or by any subcontractor under him in violation of the provisions of the California Labor Code.
1-34 PAYMENT OF WAGES
The issuance as payment for wages of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. Wages must be paid at least semimonthly on regular pay days established in advance, and shall include all amounts for labor or services performed by employees of every description as required under the provisions of the California Labor Code.
51 1-35 EIGHT (8) HOUR LAW
The Contractor shall comply with all applicable provisions of Labor Code §§1810 to 1816, inclusive, relating to working hours. The time of service of any laborer, worker or mechanic employed on the work shall be limited and restricted to eight (8) hours during any one (1) calendar day, except in cases of an extraordinary emergency caused by fire, flood or danger to life or property and the Contractor shall forfeit as a penalty to the City of twenty-five dollars ($25) for each such laborer, worker or mechanic employed in the execution of this contract by him or any subcontractor under him for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the California Labor Code.
1-36 OVERTIME - NO EXTRA COMPENSATION
Overtime work (i.e., work in excess of eight (8) hours in any one (1) calendar day or work performed on a Sunday or other legal holiday) shall not entitle the Contractor to any compensation for any contract item in addition to that set forth in the contract for the kind of work performed even though such overtime or legal holiday work may be required under emergency conditions, and may be ordered by the Public Works Director in writing. In case of extra work ordered by the Public Works Director under the provisions of section 1-21 hereof, no additional payment will be made to the Contractor because of the payment by him of overtime or legal holiday rates for such work, unless the use of overtime or legal holiday work in connection with such extra work is specifically ordered in writing by the Public Works Director and then only to such extent as extra payment is regularly being made by the Contractor to his men for overtime or legal holiday work of a similar nature in the same locality.
1-37 CHARACTER OF WORKERS
None but skilled workers shall be employed on work requiring special qualifications. When required in writing by the Public Works Director, the Contractor or any subcontractor shall discharge any person who is in the opinion of the Public Works Director, incompetent, unfaithful, disorderly or otherwise unsatisfactory and shall not again employ such discharged person on the work except with the consent of the Public Works Director. Such discharge shall not be the basis of any claim for compensation or damage against the City or any of its officers. 1-38 SAMPLES AND TESTS
At the option of the Public Works Director, the source of supply of each of the materials shall be approved by the Public Works Director before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Public Works Director.
All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests are prescribed in these specifications.
The Contractor shall furnish such samples of materials as are requested by the Public Works Director, without charge. No material shall be used until it has been approved by the Public Works Director. Samples will be secured and tested whenever necessary to determine the quality of material.
52 1-39 INSPECTION
The Director of Public Works shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.
Whenever the Contractor varies the period, which work is carried on each day, he shall give due notice to the Public Works Director, so that proper inspection may be provided. Any work done in the absence of the Public Works Director will be subject to rejection. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed.
Defective work shall be made good and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Public Works Director and accepted or estimated for payment. 1-40 DEFECTIVE WORK OR MATERIALS – WARRANTIES, GUARANTEES AND
INSTRUCTION SHEETS
(a) If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defects without compensation in a manner satisfactory to the Public Works Director, and the cost of any excess material furnished by the City shall be borne by the Contractor. (b) All materials not conforming to the requirements of these specifications shall be considered as defective and all such material whether in place or not shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Public Works Director. No rejected material, the defects of which have been subsequently corrected shall be used until approved in writing by the Public Works Director. (c) Upon failure on the part of the Contractor to comply with any order of the Public Works Director made under the provisions of this article, the Public Works Director shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. (d) The work shall be warranted by the Contractor against defective materials and workmanship for a period of one (1) year. The warranty period shall start on the date the work was completed as determined by the Engineer.
(e) The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
(f) All warranties, express or implied, from subcontractors, manufacturers or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the City, and any such warranties shall be delivered to the Engineer prior to acceptance of the Contractor’s performance of the contract.
(g) The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the City for the actual costs, the Contractor’s Surety shall be liable for the cost thereof.
53 1-41 USE OF COMPLETED PORTIONS
The City may at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although the entire work of the contract is not fully completed and notwithstanding the time for completion of the entire work or such portions which may not be expired. In case, the City shall issue certificates of acceptance for such portions of the work but such taking possession thereof shall not be deemed an acceptance of any other portion of the work, nor of any incomplete portions, nor of any work not completed in accordance with the contract documents. 1-42 PROPERTY RIGHTS IN MATERIALS
Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil or after payment has been made for the value of unused material delivered to the site of the work as provided for in section 1-23 hereof. All such materials attached or affixed or unused shall become the property of the City.
1-43 TITLE TO MATERIALS FOUND ON THE WORK
The right to the use of all soil, stone, gravel, sand and all other materials and equipment developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of their employees and the right to use and/or dispose of the same are hereby expressly reserved in the City and neither the Contractor, nor any subcontractor nor any of their employees shall have any right, title or interest in or to any part thereof nor shall they, nor any of them, assert or make any claim thereto. The Contractor shall be permitted to use in the work, without charge, any such materials, which meet the requirements of these specifications. 1-44 ENFORCEMENT OF ORDER
The Contractor shall be responsible for maintaining good order at the site where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. Unauthorized persons shall be excluded from the site of the work. The Contractor shall not sell, nor shall he permit or suffer the introduction or use of intoxicating liquors or narcotics upon the works embraced in these specifications or upon any of the grounds occupied or controlled by him in connection with such works.
1-45 PATENTS AND COPYRIGHTS
The Contractor shall hold and save the City, it officers, agents and employees harmless from liability of any nature and kind including costs and expenses for or on account of any copyrighted or copyrighted composition, secret process, patented or un patented invention, article or appliance manufactured, furnished or used by him in the performance of this contract, including their use by the City, unless otherwise specifically set forth in the contract. 1-46 LAWS AND REGULATIONS
(a) The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which in any manner affect those engaged or employed on the work or the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to in relation to any such law, ordinance or
54 regulation, he shall forthwith report the same in writing to the Public Works Director. He shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation whether by himself or by his employees.
(b) Except as otherwise explicitly provided elsewhere in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.
(c) All Federal laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these specifications.
1-47 SALES AND/OR USE TAXES
Except as may be otherwise 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.
1-48 RESPONSIBILITY FOR DAMAGE
(a) Indemnity Agreement
In addition and complementary to any other indemnification provided for the project, and except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnitees’ option), indemnify, protect and hold harmless the City and its project consultants, engineers, officers, agents, and employees (“Indemnitees”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of the City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of the Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use of occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of the Contractor, its officers, agents, employees, or subcontractors.
55 4. Any failure of the Contractor, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable Federal, State, regional or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by the Contractor on any other premises in the care, custody and control of the City.
The Contractor also agrees to indemnify the City and pay for all damage or loss suffered by the City including but not limited to damage to or loss of the City’s property, to the extent not insured by the City and loss of the City’s revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in subsubsections (1), (2), (3), (4), and (5).
The Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this Agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.
The Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of this Agreement. In the event the Contractor fails to obtain such indemnity obligations from others as required here, the Contractor agrees to be fully responsible according to the terms of this section.
Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth here is binding on the successors, assigns or heirs of the Contractor and shall survive the termination of this Agreement or this section.
This Indemnity shall survive termination of the Agreement of Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other contract documents or agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, the City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances or reasonable. (b) Insurance Requirements are set out in the Construction Agreement.
1. The Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by the Contractor, provide the same minimum insurance coverage required of the Contractor. The Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this
56 section. The Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to the City for review.
2. The Contractor agrees that all layers of third-party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. The Contractor agrees further that all other third-party coverages required herein will likewise have concurrent starting and ending dates.
3. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement.
4. The Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform the Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard.
5. The Contractor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not this Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable.
Termination of this obligation is not effective until the City executes a written statement to that effect.
6. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy.
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.
7. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
8. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two (2) years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by the City.
9. The Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge the City or the Contractor for the cost of additional insurance coverage required by this Agreement.
Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against the City for payment of premiums or other amounts with respect thereto.
57 1-49 TRESPASS
The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor’s employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor. 1-50 SAFETY, SANITARY AND MEDICAL REQUIREMENTS
The Contractor and his subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be observed and safeguarded.
In case such regulations and orders are not observed by the Contractor they may be enforced by the Public Works Director at the Contractor’s expense.
1-51 PROTECTION AND CLEAN UP
The Contractor shall protect and care for all work until completion and acceptance thereof. Before the Contractor makes application for the acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition.
1-52 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons upon Public Works because of the race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age or sexual orientation of such persons except as provided in Government Code §12940, and every contractor for Public Works violating Labor Code §1735 is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code. 1-53 APPRENTICES
Attention is directed to the provisions of Labor Code §§1777.5 and 1777.6 concerning the employment apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.
Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship - San Francisco, California or from the Division of Apprenticeship Standards and its branch offices.
1-54 PRECONSTRUCTION CONFERENCE
Before the start of construction, the Public Works Director will arrange to meet with the Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payment(s) to Contractor(s), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems.
58 1-55 SUBCONTRACTING LISTING
(a) Any person making a bid or offer to perform the work described in this contract shall in his bid or offer set forth:
1. The name and location of the place of business of each subcontractor who will perform work of labor or render service to the Contractor in or about the construction of the work or improvement or a subcontractor licensed by the State of California, who, under the subcontract to the Contractor, especially 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 (.005%) of the Contractor’s total bid.
1. The portion of the work, which will be done by each such subcontractor under this contract. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in his bid.
2. His state registration number
(b) No Contractor whose bid is accepted shall, without the consent of the City either:
1. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.
2. Permit any subcontractor to be assigned or transferred or allow it to be performed by any other than the original subcontractor listed in the bid.
3. Sublet or subcontract any portion of the work in excess of one-half of one percent (.005%) of the Contractor’s bid as to which his original bid did not designate a subcontractor.
(c) Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity.
END OF GENERAL CONDITIONS
59 SUPPLEMENTARY GENERAL CONDITIONS (STATE)
CALIFORNIA STATE REQUIREMENTS- These prevail over conflicting provisions of the General Conditions
1. State Wage Determinations:
a) As required by Labor Code §§1770 et seq., the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site. b) In accordance with Labor Code §1775, the Contractor shall, as a penalty to the City, forfeit not more than two hundred dollars ($200) for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for the work or craft in which the worker is employed for any public work done under the contract by him or her or by any subcontractor under him or her.
2. Workers' Compensation:
a) In accordance with the provisions of Labor Coded §3700, the Contractor shall secure the payment of compensation to his employees.
b) Prior to beginning work under the Contract, the Contractor shall sign and file with the City the following certification:
“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 selfinsurance 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.” c) Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the City, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of Workers’ Compensation.
3. Apprentices on Public Works: The Contractor shall comply with all applicable provisions of Labor Code §1777.5 relating to employment of apprentices on public works.
4. Working Hours: The Contractor shall comply with all applicable provisions of Labor Code §§1810 to 1815, inclusive, relating to working hours. The Contractor shall, as a penalty to the City, 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 during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than one and one-half (1.5) times the basic rate of pay.
5. Contractor Not Responsible For Damage Resulting From Certain Acts of God:
As provided in Public Contract Code §7105, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work which damage is determined to have been proximately caused by an act of God, in excess of five percent (5%) of the contracted amount, provided, that the work damaged was built in accordance with accepted and applicable building standards and the plans and specifications of the City. The Contractor shall obtain insurance to
60 indemnify the City for any damage to the Work caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the work. For purposes of this section, the term “acts of God” shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of three and one-half (3.5) on the Richter Scale and tidal waves.
6. Notice of Completion: In accordance with Civil Code §§9204 and 9208, within fifteen (15) days after date of acceptance of the work by the City’s governing body, the City will file, in the County Recorder's office, a Notice of Completion of the work.
7. Unpaid Claims: If, at any time prior to the expiration of the period for service of a stop payment notice, there is served upon the City a stop payment notice as provided in Civil Code §§9350 et seq., the City shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or to become due to the Contractor under this Contract as shall be sufficient to answer the claim stated in such stop payment notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the construction manager shall, in its discretion, permit the Contractor to file with the City the bond referred to in Civil Code §9364, said monies shall not thereafter be withheld on account of such stop payment notice.
8. Concrete Forms, Falsework, and Shoring: The Contractor shall comply fully with the requirements of section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents.
9. Retainage From Monthly Payments: Pursuant to Public Contract Code §22300, the Contractor may substitute securities for any money withheld by the City to insure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least thirty (30) days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code §22300 shall be limited to those listed in Government Code §16430 and to bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City.
10. Public Works Contracts; Assignment to Awarding Body: 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 awarding body all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.