SECTION 7 - SPECIAL PROVISIONS (Continued)
37 4. That the CONTRACTOR agrees to include or cause to be included the requirements of paragraphs 1 through 4 of this Section in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements (FHWA 1273 Rev. 8/89, 12-4-89).
Full compensation for conforming to the requirements of the Clean Air Act and Federal Water Pollution Control Act shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
ARTICLE 8 - CONSTRUCTION WATER
Application of water shall conform to the provisions of Section 7-8.5 of the Standard Specifications and the following additions:
Construction water may be taken only at locations approved by the City of Garden Grove Water Services Division. The CITY will install a construction meter and eddy valve at these locations at the CONTRACTOR’s expense. This valve shall be operated when taking construction water with the fire hydrant remaining open during the day. CONTRACTOR will be charged for construction water on an as-used basis.
The CONTRACTOR must contact the City of Garden Grove Water Services Division to request installation of a fire hydrant water meter for construction water and shall make appropriate deposits to cover meter installation and testing, meter relocation and or damage to the meter.
Water shall be applied in the amounts, at the locations, and for the purposes designated in th ese specifications and as ordered by the Director.
Water for compacting embankment material, subbase, base and surfacing material, and for laying dust shall be applied by means of pressure-type distributors or pipe lines equipped with a spray system or hoses with nozzles that will ensure a uniform application of water.
Equipment used for the application of water shall be equipped with a positive means of shut-off. Unless otherwise permitted by the Director or unless all the water is applied by means of pipe lines, at least one mobile unit with a minimum capacity of 1,000 gallons shall be available for applying water on the project all times.
Payment for applying water, including all labor, tools, equipment, and incidentals required for the application of water shall be considered as included in the various contract items of work involving the use of water, and no additional compensation will be allowed.
ARTICLE 9 - PROJECT APPEARANCE
The CONTRACTOR shall maintain a neat appearance to the work site. Neat appearance shall include daily clean-up of all debris that may be generated from trucks and equipment using the approved Haul Route. Asphalt concrete, aggregate base, broken PC concrete, native s oil, and debris developed during construction shall be disposed of concurrently within its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly.
Dust caused by the passage of public traffic through the work shall be considered as resulting from the CONTRACTOR's performance of work. The CONTRACTOR is responsible for abating dust caused by his operation in accordance with Article 7 of these Special Provisions.
SECTION 7 - SPECIAL PROVISIONS (Continued)
38 Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in price paid for the various contract items of work involved and no additional compensation will be allowed therefore.
ARTICLE 10 - PUBLIC SAFETY
The CONTRACTOR shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety.
The CONTRACTOR shall take all necessary precautions to protect the public from the hazards of open excavations. Trenches and other excavations shall either be safely covered or adequately fenced in a manner meeting the approval of the Director overnight and on weekends or at other times required by the Director for safety. No open trenches or any other open excavation shall be left open for more than two (2) working days. In the absence of covering or fencing, CONTRACTOR shall backfill all open excavations at his expense.
ARTICLE 11 - ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES
If discovery is made of items of archaeological or paleontological interest, the CONTRACTOR shall cease excavation of the area of discovery and shall not continue until such time as approved by the Director. The Director shall then direct excavation operations within the area of discovery.
Discoveries include but are not limited to, dwelling sites, stone or other artifacts, animal bones, human bones and fossils.
The CONTRACTOR shall be entitled to an extension of time in accordance with the provisions of Subsection 6-3 of the Standard Specifications. Should the CONTRACTOR's operations be affected materially, additional work will be paid for as extra work as provided in Subsection 3 -3, "EXTRA WORK," of the Standard Specifications.
ARTICLE 12 - GEOTECHNICAL INVESTIGATION
The CITY has not conducted a geotechnical investigation where the proposed fence improvements are to be constructed. Each prospective bidder shall be responsible for obtaining any geotechnical information that he/she needs to prepare for his/her bid. Each prospective bidder shall be responsible for the cost of obtaining the required geotechnical information for his/her bid.
By submitting a bid, the CONTRACTOR acknowledges that he/she has satisfied himself/herself as to the nature of the work, including but not restricted to the conditions affecting handling and storage of materials, disposal of excess material, level and amount of groundwater , and ascertaining existing conditions that affect labor, materials and equipment costs.
In the event groundwater is encountered, the CONTRACTOR shall provide and maintain dewatering during construction in accordance with the standard specifications and the requirements of the CITY's NPDES Order No. 85 -83 issued by the California Regional Water Quality Control Board (Santa Ana Region).
All costs for dewatering, when encountered during constructi on, shall be included in the contract bid prices for the various items of work. No separate payment will be allowed.
SECTION 7 - SPECIAL PROVISIONS (Continued)
39 All costs for geotechnical testing other than compaction testing shall be considered as included in the price paid for the various contra ct items of work involved and no additional compensation will be allowed therefore.
ARTICLE 13 – MOBILIZATION/DEMOBILIZATION
Mobilization and demobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and fo r all other work and operations which must be performed or costs incurred including bonds, insurance and financing prior to beginning work on the various contract items on the project site. Any bonds that must be posted or proof of insurance issues that arise must be resolved prior to mobilization and/or demobilization. Mobilization and demobilization shall also include the time and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the CONTRACTOR’s personnel to keep the construction site in a safe condition, and all other related work as required for all non -working days during the course of construction. The CONTRACTOR is responsible for securing an adequate storage site for equipment and materials.
Payment for mobilization and demobilization shall be included in the bid price per Lump Sum for Clearing and Grubbing, including Mobilization and Demobilization in the bid proposal and shall include full compensation for furnishing all labor, materials, equipment, rental of necessary equipment, materials and storage sites for storage purpose, and incidentals necessary to mobilize and demobilize in accordance with the paragraph above.
ARTICLE 14 - TRAFFIC CONTROL (IF NECESSARY)
Traffic control shall conform to the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and with Caltrans Standard Plan T11 Traffic Control System for lane closure on multi-lane conventional highways. Notes 2 and 6 of the Caltrans Standard Plan T11 regarding illuminated advanced warning signs and cones shall not apply.
A. VEHICLE TRAFFIC CONTROL
A minimum of one (1) eleven foot lane for each direction shall be kept open and maintained for public use at all times except as indicated on the plans or as directed by the Director during construction.
B. PEDESTRIAN TRAFFIC CONTROL
A minimum of one fou r foot wide all -weather pedestrian walkway shall be kept open and maintained to the satisfaction of the Director along both sides of each public street at all times during construction.
C. ACCESS TO ADJACENT PROPERTIES
A minimum of one (1) driveway per property shall be accessible and maintained at all times unless otherwise authorized by the City. Temporary drive approach ramps constructed of recycled materials or temporary asphalt (12’ minimum width) may be installed as approved by the Director. Trench plates may also be used.
D. GENERAL TRAFFIC CONTROLS
Notification letters shall be hand delivered by Contractor two (2) weeks in advance of beginning of construction giving notice of traffic restriction, period of construction, and suggested use of
SECTION 7 - SPECIAL PROVISIONS (Continued)
40 alternate routing. Exact wording on the advanced notification letters will be approved by the Director.
Traffic control devices shall comply with Section 12 of the Standard Specifications.
The Contractor shall submit traffic control plans prepared by a civil engineer registered in the State of California, stamp the plans for approval at least ten (10) working days prior to commencement of work to the City of Garden Grove Traffic Division for approval. The plans shall show all businesses, directional sign s, driveway entrances, signs, delineation, tapers, dimensions, etc., for traffic control. The traffic control plans should include Traffic Control Notes (that can be found at: revised-traffic-control-notes-3-8-22.pdf (ggcity.org ). No construction will begin until the Contractor's traffic control plans are approved by the City of Garden Grove. The plans shall indicate the various phases of work and the proposed traffic control methods for each phase of construction on each street segment. The plans shall conform to the requirements of the latest edition of the CA MUTCD, these Special Provisions.
Flashing arrow signs shall be used as noted in the traffic control plans. (Battery or solar powered only).
Placement of temporary pavement marking tape shall consist of applying, maintaining, and later removing temporary traffic stripe (traffic line) and pavement marking tape at the locations shows on the plans or designated by the Director in conformance with these special provisions.
Temporary tape and/or painted stripes and removal of existing channelization may be required for traffic control. Tape for temporary traffic stripes and pavement markings will be a reinforced plastic type especially designed for ease of removal.
Temporary stripes shall be placed to the line established by the Director. Completed stripes shall be straight on tangent alignment and shall be on a true arc on curved alignment.
Surfaces on which the tape is to be applied shall be cleaned of all dirt and loose material and shall be dry when the tape is applied. The air temperature and pavement temperature at the time the tape is applied shall be 50°F or above. Tape shall not be applied over existing painted stripes or markings.
After the tape has been applied it shall be rolled s lowly with a rubber tired vehicle or roller to ensure complete contact with the pavement surface.
Temporary traffic stripes and pavement markings that are damaged from any cause during the progress of the work shall be repaired or replaced by the Contractor at his expense.
When no longer required for the direction of public traffic, as determined by the Director, the tape shall be removed and disposed of outside the highway right of way and all marks used to establish satisfactory lines for the temporary stripes and pavement markings shall be removed from the pavement.
Every effort shall be made by the Contractor to insure traffic safety. If in the opinion of the Director additional signing or delineation is required for traffic safety, then the Contractor shall furnish and place the additional signs or delineators at no additional cost to the Agency.
E. ROAD CLOSURE CONDITIONS
SECTION 7 - SPECIAL PROVISIONS (Continued)
41 When construction conditions do not permit through traffic to use the street as determined by the Director, the following conditions will prevail:
The Director must receive notice from the Contractor of any proposed road closure at least 48 hours prior to the actual closure. Before any road closures may be approved by the Director, specific detour plans for signing and barricading must be approved by the Traffic Engineer. At the times during the road closure conditions, a ten -foot (10') minimum width access corridor shall be kept open and maintained for emergency vehicles.
F. TRAFFIC CONTROL AND SAFETY
All control, warning and safety devices shall conform to the requirements set forth in the latest edition of the CA MUTCD.
If attention is directed to the existence of a hazard and the Contractor fails to provide such devices, said devices will be placed or caused to be placed by the City. The cost of placement of these devices shall be the sole responsibility of the Contractor and shall be paid for at the rate of $500.00 per hour for labor and the pickup truck, $50.00 per day per barricade, and any other costs incurred by the City relative to traffic control. Said costs, if any, shall be deducted from the progress payments and from the total Contract price for the work.
When entering or leaving roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. No excavation within five feet of the traveled way shall remain open no longer than is necessary to perform the work, and in no case shall remain unfenced or unplated overnight or on weekends.
The Contractor shall provide and maintain all signs, barricades, pedestals, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area and all its approaches, including advanced signing and barricades. He shall also post proper signs to notify the public regarding the conditions of the roadway, all in accordance with the provisions of the Vehicle Code, and the CA MUTCD, as published by the US Department of Transportation, Federal Highway Administration.
The Contractor shall conduct his operations so as to provide reasonable access to the adjacent properties and shall have no greater length or quantity of work under construction than he can properly prosecute with a minimum of inconvenience to the public and other contractor engaged on adjacent or related work.
Portable delineators shall be spaced as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed the requirements set forth in the CA MUTCD.
If the traffic cones or portable delineators are damaged, displaced or are not in an upright position from any cause, said cones or portable delineators shall immediately be replaced or restored to their original location in an upright position by the Contractor.
The Contractor shall furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warning to the public of any dangerous conditions to be encountered, shall perform their duties and shall be provided with the necessary equipment in accordance with the current Caltrans "Instructions to Flagmen." The equipment shall be furnished and kept clean and in good working condition by the Contractor at his expense.
SECTION 7 - SPECIAL PROVISIONS (Continued)
42 Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Director may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at this expense. Should the Director point out the inadequacy of warning and protective measures, such action on the part of the Director shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices.
All existing stop signs and street name signs shall be maintained in visible locations during construction and permanently relocated or removed as directed by the Director. Signs, which need not be maintained during construction or permanently relocated, shall be salvaged and returned to City Yard.
Temporary Traffic Lanes
1. Temporary control of traffic in work areas requires the provision of adequate street sp ace to accommodate the traffic demands, particularly during peak traffic hours.
2. Temporary traffic lane requirements for construction activities in Arterial STREET may be specified on the permit, on the plans or in the specifications. These requirements constitute a part of the work and must be adhered to as rigidly as any other specification.
3. Construction activities on Arterial STREET shall be planned and scheduled to minimize interference with traffic. Except for emergencies, no construction work s hall encroach into a moving lane of traffic between the hours of 4:30 PM to 7:30 AM unless otherwise authorized by the Director.
4. All temporary traffic lanes shall be a minimum of eleven feet in width at either direction unless otherwise authorized.
5. Suitable surfacing must be provided for the temporary traffic lanes in work areas. When traffic is diverted from the existing pavement, temporary surfacing shall be provided and shall be in conformance with the current standard specification for such work issued by the City.
6. Construction equipment not actively engaged in the work and employee vehicles shall not be parked near the work in such a manner as to further restrict or obstruct traffic flow. Vehicles and equipment in continuous or frequent use may be operated or parked in the same traffic lanes as the work obstruction.
Control, Warning and Guidance Devices
1. Devices fall into six categories: (1) Signs, (2) Barricades, (3) Delineators, (4) High Level Warning Devices, (5) Warning Lights and (6) Flashing Arrow Signs.
Sign Types
1. Traffic signs are classified into several functional groupings: construction, warning, guide and regulatory.
2. The use of "Regulatory" signs must be approved by the Director. When required, all such signs will be provided, installed and maintained by the Contractor.
3. Existing "Regulatory" signs within or adjacent to the work area must be maintained by the Contractor. If existing signs are not appropriate for traffic conditions in the work area, the Director must be notified to determine if signs shall be covered, replaced or relocated.
4. Temporary "No Parking" signs shall be installed and removed as directed by the Director.
SECTION 7 - SPECIAL PROVISIONS (Continued)
43 5. Temporary "No Parking" signs shall not be posted on any tree, utility pole or traffic sign.
Sign Placement
1. The location of signs will depend upon alignment, grade, and location of street intersections and posted speed limit. Signs shall face and be visible to oncoming traffic and be mounted to resist displacement. The center of signs shall be at least four and one-half feet above the roadway.
Vertical clearance for signs where pedestrian traffic is permitted shall be two feet. "Advance Warning" signs shall be located on the right hand side of traffic lanes.
2. All signs, which are to convey their messages during darkness, shall be reflectorized or illuminated.
3. No signs or supports shall bear any commercial advertising.
4. Warning, Guide and Regulatory signs normally shall be installed immediately before work is to commence and must be removed immediately after work is complete.
5. If at any time a sign is not required, it shall be covered or removed.
6. Construction signs shall be installed in accordance with Section D, General Traffic Controls.
Barricades
1. Barricades shall not be placed in a moving lane of traffic without advance warning, such as a high level warning devices and appropriate delineation.
2. Barricades shall be of three types: Type I, Type II, or Type III.
Delineators
1. All delineators used at night must be reflectorized adequately or internally luminated.
2. Opposing traffic shall be separated by delineators, traffic striping, or raised pavement markers.
3. Where traffic is diverted to the left of an existing double yellow centerline, into a painted median or into a left turn lane, delineators shall be utilized beyond the work area to return traffic to normal lanes.
4. Devices, which could roll into the adjacent traffic lane when hit, shall not be used.
5. Metal or wooden post mounted in concrete-filled buckets or on automobile wheels are examples of types, which are prohibited.
6. Maximum Recommended Delineator and Sign Placement
Merging Signs Space
Traffic Taper Spacing Spacing Between and Speed Length Transition Tangent Advance of Taper______ 25 mph 125 ft. 25 ft. 25 ft. 100 ft.
30 mph 180 ft. 25 ft. 25 ft. 250 ft.
35 mph 245 ft. 25 ft. 25 ft. 250 ft.
40 mph 320 ft. 25 ft. 25 ft. 250 ft.
45 mph 540 ft. 25 ft. 25 ft. 350 ft.
High Level Warning Devices
1. High level warning devices shall be at least 9 feet high with legs, base or truck mounting designed to resist overturning.
SECTION 7 - SPECIAL PROVISIONS (Continued)
44 2. Sandbags may be used to add weight to the base or legs.
3. High-level warning devices shall be equipped with a yoke at the top to accommodate at least three flags.
4. Flags shall be high visibility orange, with stays to keep flags extended.
5. Torn or dirty flags shall be immediately replaced.
6. High level warning devices are not permit ted on Arterial STREET. Flashing arrow signs are required.
Warning Lights
1. Flashers shall be used only to outline the work area or to provide advance warning.
2. Flashers shall not be used to channelize traffic, to separate opposing traffic, or to delineate the path that traffic is to follow.
Flashing Arrow Signs
1. All flashing arrow signs shall meet the following requirements:
Minimum
Type Minimize Minimum Number Legibility
____________Size of Panel Lamps Distance
II 36" x 72" 13 ¾ mile
I 48" x 96" 15 1 mile
2. Flashing arrow signs are intended to supplement, not replace, other work area traffic control device.
3. Flashing arrow signs are required for each lane closure on an arterial street.
Pavement Striping/Markings
1. Restriping will be considered under the following conditions:
a) Where traffic is diverted for extended periods.
b) When traffic is to be diverted to the left of an existing double yellow centerline for two or more consecutive nights.
c) When the work area is adjacent to an intersection and results in a transition within the intersection.
d) When the traffic lane is continuously obstructed for more than 5 working days and traffic volumes require two or more lanes in a single direction. e) In other unusual situations when traffic and physical conditions require special treatment.
2. The Director shall determine the need for and extent of striping removal and restriping.
3. The installation of temporary striping or pavement markers will be the responsibility of the Contractor.
Pedestrian Traffic
SECTION 7 - SPECIAL PROVISIONS (Continued)
45 1. When the work area encroaches upon a sidewalk, walkway or crosswalk area, special consideration must be given to the pedestrian safety.
2. A minimum of advance warning is required.
3. The pedestrian must be separated from the work area.
4. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices must be used to define the passageway.
5. Pedestrian walkways must be approved prior to installation by the Director.
6. Walkways shall be maintained at least four feet in width.
7. Minimum vertical clearance to any obstruction within the walkway must be two feet.
8. At no time shall pedestrians be diverted into a portion of the street without a physical barrier being provided, and in those areas where material can fall, the walkway shall be covered.
9. Appropriate signs and warning must be installed at the construction limits in advance of and crosswalk or pedestrian way that will be closed.
Flag Person Control
1. Flag person will be required:
a) Where workers or equipment intermittently block a traffic lane. b) Where the traffic plan allows the use of one lane for two directions of traffic. c) Where the safety of the public and workers determines there is a need.
2. Flag persons should be stationed far enough from the work to slow down or stop vehicles before they enter the work area.
3. Flag persons shall wear orange jacket (vest) for daytime use and a reflectorized belt and harness for nighttime.
4. During daylight hours, flag person shall be equipped with a sign paddle and at night, they shall use a red light.
Pursuant to the provisions of Section 14005 of the California Government Code, and pursuant to the provisions of Section 21400 of the California Vehicle Code, that the signs, lights, and devices shall conform to the provisions of the "Manual of Traffic Controls for Construction and Maintenance Work Zones," issued by the Department of Transportation for the State of California.
G. PAYMENT
Payment for Traffic Control shall be made at the Contract price bid per Lump Sum and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in preparation of traffic control plans, approval of traffic control plans, implementation of traffic control, including but not limited to, Construction Information Signs, electronic changeable message board signs, applying, maintaining and removing tape for temporary traffic stripes and pavement markings, complete in place, flashing arrow sign, as specified in these special provisions and as directed by the Director, and no additional compensation will be allowed therefore.
ARTICLE 15 - CONSTRUCTION YARD SITE
CONTRACTOR shall at his expense, secure a site for storing materials, supplies, and equipment. It is the CONTRACTOR’s responsibility to secure a yard prior to the start of construction. Securing a site,
SECTION 7 - SPECIAL PROVISIONS (Continued)
46 although for this project, shall be agreed upon separately by the Contractor and Private Entity or Contractor and the City’s Realtor Agent. Available vacant properties i n the project area may not be zoned for a construction yard. It is recommended to check with the City's Planning Department for zoning. A conscious effort on the CONTRACTOR’s part is required, that due regard to the rights of the public must be observed a t all times. Possible obstruction and inconvenience shall be kept to the minimum.
If the CONTRACTOR pursues to enter in agreement with the City to use City or City leased property as a construction yard a temporary use permit is required with an applicati on fee of $50.00. The application is subject to review and approval by the Realtor Agent from the Planning Department.
Before moving in to the site, CONTRACTOR shall provide a certificate of insurance naming the City of Garden Grove as additional insured s from all liability. The construction yard site will become part of the project. All conditions and requirements of the project also apply to the construction yard.
Construction materials shall not be stored in streets, roads or highways for more than three (3) working days after unloading nor will the materials be stored in the streets over weekends and holidays. All materials or equipment not installed or used in the construction within three (3) working days after unloading shall be stored at the construction yard.
Construction equipment shall not be stored at the work site before its actual use on the work nor for more than three (3) working days after it is no longer needed on the work. All repairs or assembly of equipment that will take two (2) or more working days shall be done at the construction yard. All equipment and materials shall be stored at the yard during weekends and holidays, unless otherwise authorized by the Director.
Excavated materials shall not be stored in public streets, roads or highways. Excavated materials that may be suitable for backfill shall be stored at a site of CONTRACTOR's choice. The Director shall have a safe access to the site for purposes of inspection and testing at all times.
Full compensation for conforming to the requirements of this Article shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed.
ARTICLE 16 - PROTECTION AND RESTORATION OF EXISTING UTILITIES AND NON-HIGHWAY
FACILITIES
Attention is directed to Sections 5-2 and 7-9 of the Standard Specifications and the following special provisions:
All utilities including water, gas, oil, telephone, electrical, cable TV fiber optic systems, traffic signals, sewer mains and services, storm drains and street light conduit and wires shall be protected in place, except as noted on the project plans.
The CITY does not guarantee the accuracy of depth, size, type, material and location of all utilities shown on the plans or marked in the field by utility companies. Data was provided to the CITY based upon available records. It is to be used for information purposes only.
In order to provide lead time to resolve unforeseen utility conflicts, CONTRACTOR shall pot hole and ascertain the true location and depth of all underground utilities and services as shown or located within the lines of excavation and/or as marked by their respective owners in the field. All potholing shall be completed before CONTRACTOR will receive first progress payment or will be allowed to commence construction. Utilities marked in the field and not shown in the project plan sha ll be treated the same as if shown in the project plan. CONTRACTOR shall attempt to expose utilities by excavating an area three (3) feet in all directions around the location shown on the plans or marked in the field that may
SECTION 7 - SPECIAL PROVISIONS (Continued)
47 conflict with the proposed s ewer main(s). Should the CONTRACTOR fail to locate the utility, CONTRACTOR shall immediately notify the utility purveyor and Director and the CONTRACTOR shall proceed on schedule. CONTRACTOR shall not be entitled to delays, damages or cost for failure to locate a utility by potholing. After exposing the utilities and if in the opinion of the CONTRACTOR a utility is in conflict with the proposed improvements, CONTRACTOR shall immediately notify the Director and allow utilities reasonable time to relocate, realign or remove their facilities at no additional cost to the CITY.
CONTRACTOR shall exercise extreme care in exposing, locating, supporting, protecting and working in the vicinity of existing utilities. CONTRACTOR shall hand dig within three feet (3’ ) on all sides of these utilities; main lines, service lines and other utility appurtenances. CONTRACTOR shall arrange a compatible work schedule with all utility companies involved. CONTRACTOR's attention is also directed to overhead and above ground utilities and poles that exist within the project site that may not be shown on the project plans, but are visible in the field. All utilities above and underground must be protected in place, unless otherwise specified in the project plan.
The CONTRACTOR shall use extreme caution around all existing utilities, especially Southern California Gas, Southern California Edison and AT&T pipes and conduits. Furthermore, the CONTRACTOR shall indemnify and hold harmless the City of Garden Grove, the CITY, its officers, its board members, employees, and consultants from any and all claims, suits, or actions resulting from or arising out of any damage(s) caused to such utilities as a result of the CONTRACTOR’s failure to adequately protect such utilities in place.
The CONTRACTOR will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if utilities are correctly located and shown on the plan. The CONTRACTOR, however, will be given an extension of time for unforeseen delays due to interferences by utilities. This work includes searching within three (3’) feet on both sides of a marked utility in the field (not shown in the plans) that is not found or never existed.
All costs incurred for pothol ing, hand digging, exposing, locating, supporting, protecting, maintaining and providing reasonable time to relocate or resolve conflict of underground and above ground utilities, shall be included in the price bid for the various items of work and no addi tional compensation will be allowed.
The CONTRACTOR, prior to submitting his/her bid, shall first inquire from the utility owners listed regarding type of facility, line locations, size, material, manhole locations if any, specifications and requirements concerning the protection and support of their respective main, trunk lines, services lines and other appurtenances.
The costs of obtaining any required permits, protecting and supporting of all utility lines, including service and lateral lines shall be included in the various items of work and no additional compensation will be allowed. No utility line shall be removed from service without written permission from the Director. If permitted, then it is the CONTRACTOR’s responsibility to install temporary services as needed in the field and as approved by the Director at no cost to the CITY.
CONTRACTOR shall notify the Underground Service Alert (USA) giving at least 2 working days notice --- (800) 422-4133.
shall be the CONTRACTOR's responsibility to call, notify and make certain that utilities have responded to his notification. Damage to utilities, caused by failure to notify, is the CONTRACTOR’s sole responsibility.
SECTION 7 - SPECIAL PROVISIONS (Continued)
48 The CONTRACTOR shall arrange and coordinate his work to permit utilities to make any necessary adjustments required by the construction of the various items in this contract.
CONTRACTOR shall also protect facilities in place as shown on the plans or as marked in the field, and "To be relocated by others", in both original and relocated po sitions and any damage to such facilities shall be immediately repaired at no cost to the CITY.
When damage occurs to existing utilities, CONTRACTOR shall notify the Owner of the Utility and the Director immediately and take whatever action necessary to mitigate further damage to the utility and the surrounding area.
The CONTRACTOR is notified therefor, that he is responsible and liable for all costs in rectifying damages to any utilities caused as a result of his operations. At the request of the CITY, costs in rectifying such damages can be withheld or deducted from the final progress payment due to CONTRACTOR at the discretion of the Director.
All existing improvements, including utilities, shall be protected in place unless otherwise shown on the contract plans or approved by the Director. All existing improvements damaged by the CONTRACTOR in the performance of his work shall be replaced in its original or better condition.
This includes, but is not limited to landscaping, trees, irrigation lines, sprinklers, planters, foundations, walls, driveways, sidewalks, mailboxes, parking curbs, and utilities whether they are located on private property or within the public right-of-way.
Payment for pro tecting or removing and replacing all facilities, or coordinating utility adjustments, except for those items of work specifically included as separate bid items in the Bid Proposal shall be considered as paid for in the various contract items and no addit ional compensation will be allowed.
ARTICLE 17 - EXISTING HIGHWAY FACILITIES
All work performed on existing highway facilities shall be done in accordance with applicable sections of the Standard Specifications and other portions of these special provisi ons with the following modifications and additions:
A. Miscellaneous Highway Facilities
Care shall be taken in all work performed in the removal of all traffic signs, devices, barricades, posts, barriers, and guard railings. Such devices, etc., shall b e carefully removed by the CONTRACTOR as shown on the plans or as directed by the Director, cleaned of all adhering materials and shall be stockpiled within project limits for reuse.
Payment for all labor, materials, tools, and equipment used in removing, cleaning, transporting, relocating, and doing all the work involved shall be included by the CONTRACTOR in various bid items, and no additional compensation will be allowed.
B. Damaged Portland Cement Concrete Removal and Replacement
Portland Cement Concrete (PCC) damaged by the CONTRACTOR’s operation shall be removed and replaced in kind. Work shall include all PCC curbs, gutters, cross gutters, spandrels, driveways, driveway approaches, slabs, sidewalks, decorative crosswalks, and all other miscellaneous PCC construction. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1 inch. Concrete sidewalk or driveway to be removed shall be neatly sawed in straight-line parallels either to the curb or at right angles to the alignment of the
SECTION 7 - SPECIAL PROVISIONS (Continued)
49 sidewalk. No section to be replaced shall be smaller than forty-eight inches (48") in either length or width. If the saw cut in sidewalk or driveway would fall within forty -eight inches (48") of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within twelve inches (12") of a score mark, the saw cut shall be made in and along the score mark. Curb and gutter shall be sawed to a depth of 1 (one) inch on a neat line at right angles to the curb face. PCC and all other material unsuitable for use as fill, as determined by the Director, shall be removed from the right-of-way and disposed of by the CONTRACTOR at a site of his own choice and he shall pay all costs incidental to the disposal.
Sharp edges left on concrete after saw cutting shall be ground in a manner acceptable to the Director.
Payment for portland cement concrete removal and replacement shall be included in the unit prices paid for the various items of work, that necessitated the PCC removal and no additional compensation will be allowed. Said payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and performing all the wo rk involved in excavating, removing, replacing, breaking, crushing, saw cutting, backfilling, loading, hauling and disposing of all material, and performing all the work involved. All PCC replacement shall conform to City standards and be in kind.
C. Remove and Restore Traffic Striping, Signing, Legends, Pavement Markings and Pavement Markers
Existing pavement markers shall be removed and disposed of when no longer required for traffic lane delineation due to construction.
Existing striping and pavement markings shall be removed by sand blasting. Existing pavement markers shall be removed prior to installation of AC overlay or slurry seal.
Sandblasting shall be used for the removal of painted traffic stripes and pavement markings and for removal of objectionable material. If such removal operation is being performed within ten feet (10') of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the sand and the surface being treated. S uch removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation.
Nothing in these special provisions shall relieve the CONTRACTOR from his responsibilities as provided in Section 7-10, "Public Convenience and Safety", of the Standard Specifications.
Any depressions or voids left in the roadway as a result of removing the existing raised pavement markers will be filled with hot bituminous adhesive or as directed by the Director.
CONTRACTOR shall provide cat tracks for review prior to final application of striping. The City of Garden Grove shall have 24 hours (1 working day) review time to provide corrections to, or approval of, the cat tracks. All existing striping shall be restriped to satisfaction of the Director.
Full compensation for removing, disposing and restoring, traffic stripes and pavement markings - including filling voids or depressions created by removing pavement markers, shall be included in the contract lump sum price for the traffic signing and striping and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and performing all work involved, and no additional compensation will be allowed.
D. Damaged Asphalt Concrete Pavement Removal and Replacement
SECTION 7 - SPECIAL PROVISIONS (Continued)
50 Asphalt concrete ("A.C.") pavement shall be cut initially by saw cutting to full depth of A.C. at the limits of the removal prior to removal of A.C. A.C. damaged by the construction operation shall be removed and replaced as described in this provision at no cost to the CITY. After backfilling the excavation, the existing A.C. pavement shall be saw-cut again to full depth at a point not less than 12 inches outside the limits of removal as shown in the backfill and resurfacing detail. If the width of existing pavement between proposed A.C. saw cut and edge of adjacent P.C.C. curb and gutter is less than sixty (60) inches, this area shall be removed and new pavement shall be extended to the P.C.C. curb and gutter. All saw cuts should be along straight lines either parallel or perpendicular to line of removal. The use of pavement breaking equipment (stompers) is absolutely not allowed. The thickness of the existing A.C. pavement may be up to 12-inches thick.
The minimum street pavement replacement section for West Street and Chapman Avenue shall be existing plus one-half inch or 6-inches AC/11-inches AB, whichever is greater. The minimum street pavement replacement section for Wilken Way, Eugene Street, Candy Lane, Holyoak Lane, Timmy Lane and Debbie Lane shall be existing plus one-half inch or 4-inches AC/7-inches AB, whichever is greater.
Payment for replacement of pavement section shall be included in the unit prices paid for the various items of work, which caused such pavement section removal and no additional compensation will be allowed. Said payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and performing all the work involved in replacing AC/ AB , street areas and areas damaged by construction and no additional compensation will be allowed.
ARTICLE 18 – CLEARING AND GRUBBING, REMOVALS AND RELOCATIONS Clearing and grubbing shall conform to the provisions of Section 300 of the Standard Specificatio ns with the following modifications:
Clearing and grubbing shall include, but not be limited to the following:
1. Project mobilization/demobilization
2. Removal and disposal of trees and shrubs, all natural and artificial objectionable materials such as logs, upturned stumps, roots of downed trees, brush, grass, plants, weeds and all other surface materials within the limits of construction area.
3. Tree branches, which may interfere with normal construction, shall be trimmed or removed. If tree branch is to be r emoved, it shall be cut off to the boles in a workmanlike manner. The CONTRACTOR shall remove additional tree branches under the direction of the Director, in such a manner that the tree will present a balanced appearance. Scars resulting from the removal of branches shall be treated with a heavy coat of tree sealant approved by the Director.
4. Saw cut and removal of existing concrete structures including, but not limited to curb and gutter, median curb, cross gutter, spandrel, sidewalks, drainage channel, the removal of K-markers and relocation of traffic signs.
5. Grading, fill material, and compaction of fill material in the parkway areas, drainage channel and areas behind sidewalk.
6. Saw cutting and removal of existing asphalt concrete, aggregate base, native soil, PCC and reinforced PCC pavement as required to complete the project.
SECTION 7 - SPECIAL PROVISIONS (Continued)
51 7. Abandonment of existing water service connections at the water main.
Payment for furnishing all labor, equipment, materials, tools, and incidentals used in performing clearing and grubbing and as mentioned in this Article shall be considered as included in the lump sum price paid for Clearing and Grubbing, including Mobilization and Demobilization, and no additional compensation will be allowed.
Tree Roots Removal
Work shall consist of removal of existing tree roots in conformance with Section 300 of the Standard Specifications. The CONTRACTOR shall be responsible for obtaining a suitable disposal site for this material and shall, upon request, file with the Director the written consent of the Owner of the property upon which he intends to dispose of such material.
Removal shall consist of removing tree roots 1-1/2 inches in diameter and larger.
Holes resulting from the removal of tree roots shall be backfilled with soil from the sur rounding area the same day the tree roots are removed and compacted to a minimum relative compaction of ninety percent (90%).
All removed tree roots shall be removed from the project site the same day.
Stockpiling of materials within the right-of-way, City parking lots, or other City-improved property shall not be allowed unless approved by the Director in writing.
Tree roots shall be removed in such a manner as not to injure or damage adjacent improvements, which are to remain in place. The CONTRACTOR sha ll not remove or damage fences adjoining property outside of the contract limits or City right-of-way. The CONTRACTOR shall exercise care in the protection of said fences and shall repair any damage caused by his operations.
No burning of materials will be permitted on the project site.
Payment for removal of existing tree roots shall be considered as included in the lump sum bid for Clearing and Grubbing, including Mobilization and Demobilization. It shall include full compensation for all labor, tools, equipment, incidentals, disposal of resulting material and for doing all the work involved in tree roots removal as required in the field, per these Special Provisions and as directed by the Director, and no additional compensation will be allowed.
Irrigation System Relocation
All irrigation systems disturbed by the construction operation shall be relocated to behind the right-of- way line. Relocated systems shall be operable and provide full coverage of the areas serviced by the system.
Existing system components may be reused as much as possible. However, new materials may be required to create a complete and working system and the expense shall be borne by the CONTRACTOR. Acceptability of the relocated system will be judged by its performance as described above.
The CONTRACTOR shall bear the cost of replacement of any parts lost or damaged during the construction operations.
SECTION 7 - SPECIAL PROVISIONS (Continued)
52 Payment for irrigation system relocation shall be considered as included in the lump sum price bid for Clearing and Grubbing, including Mobilization and Demobilization, and no additional compensation will be allowed.
Clearing, grubbing, miscellaneous removals, and relocations shall be paid for under the lump sum item for Clearing and Grubbing and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all the work involved in clearing, grubbing, removing, relocating and disposing of all the resulting materials. It also includes the removal of cross gutters, spandrel, curb and gutter, side walk, drive approach, PCC, abandon existing water services at main, replanting and reseeding, as shown on the Plans, as required in the field, as specified in these Specifications and Special Provisions, and as directed by the Director.
ARTICLE 19 – PERMITS AND IMPLEMENT RULE 1166
It is the CONTRACTOR’s responsibility to procure the encroachment permit and pay the requested permit fees within two weeks of the Notice to Proceed. The CONTRACTOR is responsible for all the permit requirements, including arranging for the inspections. The CONTRACTOR shall also be responsible for all the requirements of South Coast Air Quality Management Rule 1166. Full compensation for conforming to the requirements of this Article shall be considered as included in the contract price paid for implementi ng rule 1166 and obtaining Permits and no additional compensation will be allowed.
ARTICLE 20 - COMPLETION AND ACCEPTANCE
Upon receipt of the CONTRACTOR's written assertion that the work has been completed, the Engineer or his authorized representative will inspect the work for acceptance. Thereby a "punch list" is prepared and submitted to CONTRACTOR for compliance and/or repair.
The project is considered certifiable for completion; when all liens and/or claims for labor, materials, tools and equipment has been paid for and all liens and/or claims releases are received by the CITY, when all contract items of work have been completed, including changes to the plan in an acceptable workmanship; when all repairs to damages of existing utilities, appurtenances and improvements has been completed and accepted by the respective owners; when all survey monuments and other survey markers has been re -set and copy of center line ties been submitted; when the project site and all ground occupied by the CONTRACTOR left in a neat and presentable condition. The street shall be swept and washed with water. The CONTRACTOR prior to acceptance by the Engineer must complete all corrections noted in the “punch list”.
Full compensation for conforming to the requirements of this Article shall be considered as included in the contract prices paid for the various contract items of work and no additional compensation will be allowed.
Agenda Item - 6.a.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Second reading and adoption
of Ordinance No. 2948
Date: 12/12/2023
Attached is Ordinance No. 2948 recommended for adoption.
ATTACHMENTS:
Description Upload Date Type File Name
Ordinance 2948 12/7/2023 Ordinance 2948_GG_Water_Rate_Ordinance.docx
ORDINANCE NO. 2948
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING SECTIONS 14.12.010, 14.12.030, AND 14.12.050 OF CHAPTER 14.12 (RATES) OF TITLE 14 (WATER) OF THE MUNICIPAL CODE RELATING TO WATER RATES AND
CHARGES, AND METER FAILURES
City Attorney’s Summary
This Ordinance amends Sections 14.12.010, 14.12.030, and 14.12.050 of the Garden Grove Municipal Code to authorize, for a period of five (5) years, future adjustments in the Bi-Monthly Minimum Charge, Capital Improvement Charge, Commodity Delivery Charge, and Private Fire Service Charge of water rates and future automatic adjustments to reflect adopted increases or decreases in wholesale charges for water established by other public agencies from which the City purchases water. The Ordinance further makes a minor clarification to the provision pertaining to meter failures.
THE CITY COUNCIL FINDS AND DECLARES AS FOLLOWS:
WHEREAS, FG Solutions prepared a Water Rate Study on behalf of the City, which evaluated the Water Enterprise’s financing needs, determined the estimated funds needed to adequately finance the operations, capital improvements and debt obligations for the Water Enterprise, reasonably allocated the Water Enterprise’s projected revenue requirements to the various customer classes in accordance with their respective service requirements, and recommended a suitable schedule of water rates that produce revenues adequate to meet the Water Enterprise’s financial needs in accordance with estimated reasonable customer costs of service;
WHEREAS, Government Code Section 53756 authorizes any agency providing water service to adopt a schedule of fees or charges for a period not to exceed five (5) years authorizing automatic adjustments that pass through increases or decreases in wholesale charges for water established by another public agency from which it purchases water;
WHEREAS, the City Council has determined, based on the findings and recommendations of City Staff and FG Solutions and the legislative findings herein, that, in order to adequately finance the operations, capital improvements and debt obligations for the Water Enterprise, (i) annual adjustments to the Bi-Monthly Minimum Charge, the Capital Improvement Charge, Commodity Delivery Charge, and Private Fire Service Charge, set forth in Subsections (A), (B), and (C) of Section
14.12.010 and in Section 14.12.030 over a five (5) year period as recommended by FG Solutions should be authorized, and (ii) Subsection (F) of Section 14.12.010 should be re-adopted for automatic adjustments to the Commodity Delivery Charge for water usage that pass through future increases in wholesale water charges for a five (5) year period;
Garden Grove City Council
Ordinance No. 2948
WHEREAS, the City Council has determined the following with regard to the rates and charges for water usage established by this Ordinance: (i) the fees and charges are not imposed as a condition of approval of a development project, as defined in California Government Code section 66001; (ii) the fees and charges are established upon a rational basis between the fees charged each customer and the service and facilities provided to each customer of the City’s Water Enterprise; (iii) the revenues derived from the fees and charges do not exceed the estimated reasonable cost to provide the capital facilities and water services for which they are levied; (iv) the revenues derived from the fees and charges shall not be used for any other purpose than that for which the fees and charges are imposed; (v) the fees and charges do not exceed the proportional cost of the water service attributable to each consumer; (vi) the fees and charges are imposed on water services which are immediately available to the consumer; (vii) the fees and charges are not levied for general governmental services; and (viii) the rates and charges are not discriminatory or excessive, are sufficient under Government Code section 54515, comply the provisions or covenants of any outstanding revenue bonds of the City payable from the revenues of the Water Enterprise, comply with the provisions of the Revenue Bond Law of 1941 (Government Code 54300-54700), and are in compliance with all other applicable law;
WHEREAS, the City Council has determined that the authorization of annual adjustments to the rates and charges for water usage provided for herein is appropriate and represents increases in the rates and charges needed to adequately finance the operations, capital improvements and debt obligations for the Water Enterprise for those years;
WHEREAS, in accordance with Proposition 218 and Government Code Section 53755, Notice of a Public Hearing to consider the proposed adjustments in water rates and charges and containing such information required to be included pursuant to California law (the Proposition 218 Notice) was mailed to all record owners of affected property to the addresses as they appear on the latest equalized assessment roll and to all City customers located on the affected parcels at the addresses to which the City customarily mails the billing statements;
WHEREAS, on November 28, 2023, the City Council conducted the Public Hearing provided for in the Proposition 218 Notice, at which time the City Council heard all objections and protests to the proposed adjustments in water rates and charges;
WHEREAS, written protests against the proposed adjustments in water rates and charges were not presented by a majority of the property owners, as the total number of properties on which the rates are imposed as shown on the last equalized assessment roll of Orange County totaled 37,600 and the City received a total of 34 protests;
WHEREAS, pursuant to California Government Code section 66016 notice of the time and place of this hearing, including a general explanation of the matter to
Garden Grove City Council
Ordinance No. 2948
be considered and a statement that the data required by Government Code section 66016 is available for public review at the City, was mailed to interested parties requesting notice at least fourteen (14) days prior to the hearing;
WHEREAS, pursuant to California Government Code section 66016 the City made available to the public the Water Rate Study and other data documenting the estimated costs required to provide services for which the proposed modified rates and charges will be levied and the revenue sources anticipated to provide the services;
WHEREAS, on November 28, 2023, in accordance with applicable legal requirements, the City Council conducted a duly noticed Public Hearing to consider the proposed adjustments in water rates and charges set forth herein, at which Public Hearing all those who wished to speak for or against the proposed adjustments in water rates and charges were heard; and
WHEREAS, the adoption of this Ordinance and the establishment of such rates and charges is statutorily exempt under the California Environmental Quality Act (“CEQA”) pursuant to the provisions of Public Resource Code section 21080(b)(8) and Section 15378 and Section 15273 of the CEQA Guidelines because, (i) the increased rates and charges are for the purpose of meeting operational and maintenance expenses of the Water Enterprise, and (ii) the rates and charges constitute the creation of funding mechanism/other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES HEREBY ORDAIN:
Section 1. Section 14.12.010 of Chapter 14.12 (Rates) of Title 14 (Water) of the Garden Grove Municipal Code is hereby amended in its entirety to read as follows:
14.12.010 – RATES AND CHARGES
The City of Garden Grove Water Division incurs ongoing operational costs, such as labor, commodities and contractual services in providing water service to the community. A water rate schedule is established to consist of a Bi-Monthly Minimum Charge and Commodity Delivery Charge to pay for the system operational and capital replacement costs. A Capital Improvements Charge is established to pay for future capital improvements needed to meet future demands on the system.
Accordingly, the following rate structure is established for water usage:
Garden Grove City Council
Ordinance No. 2948
A. BI-MONTHLY MINIMUM CHARGE. The Bi-Monthly Minimum Charge for metered service shall be:
BIMONTHLY MINIMUM CHARGES
Meter Size 1/1/24 1/1/25 1/1/26 1/1/27 1/1/28
5/8 x 3/4" $35.10 $38.23 $40.47 $42.84 $43.68
1" $54.54 $61.54 $65.77 $70.29 $72.39
1½" $87.28 $100.39 $107.95 $116.05 $120.24
2" $126.55 $147.01 $158.57 $170.96 $177.65
3" $231.29 $271.34 $293.55 $317.38 $330.77
4" $349.13 $411.20 $445.40 $482.10 $503.03
6" $676.44 $799.72 $867.20 $939.66 $981.52
8” $1,069.22 $1,265.94 $1,373.37 $1,488.73 $1,555.71
10” $1,592.92 $1,887.56 $2,048.26 $2,220.83 $2,321.29
B. COMMODITY DELIVERY CHARGE. Subject to adjustment pursuant to Subsections (E), the unit charge for metered services shall be:
BI-MONTHLY COMMODITY DELIVERY CHARGES
($ per hcf)
1/1/24 1/1/25 1/1/26 1/1/27 1/1/28
Tier 1 $3.40 $3.53 $3.83 $4.14 $4.27
Tier 2 $5.29 $5.67 $5.84 $6.02 $6.10
Garden Grove City Council
Ordinance No. 2948
UNITS OF WATER (1 UNIT = 100 CUBIC FT) (“hcf”)
INCLUDED IN TIER 1 PER BILLING PERIOD
METER SIZE MAXIMUM hcf, TIER 1
5/8 x 3/4 33
1 83
1 ½ 165
2 264
3 528
4 825
6 1,650
8 2,640
10 3,960
C. CAPITAL IMPROVEMENT CHARGE. The Bi-Monthly Capital Improvement Charge for services shall be:
BI-MONTHLY CAPITAL IMPROVEMENT CHARGE
Meter Size 1/1/24 1/1/25 1/1/26 1/1/27 1/1/28
5/8 x 3/4" $7.45 $7.92 $8.43 $8.97 $9.20
1" $18.62 $19.81 $21.08 $22.43 $22.99
1½" $37.24 $39.62 $42.16 $44.85 $45.98
2" $59.58 $63.39 $67.45 $71.77 $73.56
3" $119.16 $126.79 $134.90 $143.53 $147.12
4" $186.19 $198.10 $210.78 $224.27 $229.88
6" $372.37 $396.21 $421.56 $448.54 $459.76
8” $595.80 $633.93 $674.50 $717.67 $735.61
10” $893.70 $950.89 $1,011.75 $1,076.50 $1,103.41
D. AUTOMATIC PASS-THROUGH ADJUSTMENTS FOR PURCHASED WATER COSTS.
1. The Commodity Delivery Charge shall be automatically adjusted to reflect adopted increases or decreases in wholesale charges for water established by other public agencies from which the City of Garden Grove purchases water to the extent such increases or decreases are not reflected in the schedule of charges then in effect. Any such automatic adjustment shall be implemented through adjustment of the Commodity Delivery Charge. The amount of any such automatic
Garden Grove City Council
Ordinance No. 2948
adjustment shall be calculated by the Finance Director, or his designee, and shall be presented to the City Council for review. Data documenting the amount of the increase or decrease in wholesale water costs and the basis for all adjustment calculations shall be made available to the public upon request.
2. The Finance Director shall cause notice of any automatic adjustment made pursuant to this subsection (D) to be given pursuant to subdivision (a) of Government Code Section 53755, as it may be amended from time to time, and/or other applicable law, not less than thirty (30) days before the effective date of the adjustment.
3. Unless readopted pursuant Government Code Section 53756, as it may be amended from time to time, and/or other applicable law, the authority to make automatic adjustments pursuant to this subsection (D) shall expire five (5) years from the effective date of the ordinance adopting or readopting this subsection (D).
E. DETERMINATION OF WATER SUPPLY. The percent of water to be pumped and the percentage to be purchased shall be established by the Public Works Director prior to May 1st of each year, based on the basin production percentage assigned to the City of Garden Grove by the Orange County Water District.
Section 2. Section 14.12.030 of Chapter 14.12 (Rates) of Title 14 (Water) of the Garden Grove Municipal Code is hereby amended in its entirety to read as follows:
14.12.030 – PRIVATE FIRE SERVICE
The bimonthly charge for private fire service protection shall be as follows:
BI-MONTHLY FIRE SERVICE RATE
Meter Size 1/1/24 1/1/25 1/1/26 1/1/27 1/1/28
1-1/2” $3.42 $3.84 $4.09 $4.35 $4.46
2” $7.28 $8.18 $8.70 $9.26 $9.49
3” $21.16 $23.77 $25.29 $26.91 $27.58
4” $45.09 $50.67 $53.91 $57.36 $58.79
6” $130.97 $147.17 $156.59 $166.61 $170.78
8” $279.09 $313.62 $333.69 $355.05 $363.93
10” $501.90 $564.01 $600.11 $638.52 $654.48
Garden Grove City Council
Ordinance No. 2948
Section 3. Section 14.12.050 of Chapter 14.12 (Rates) of Title 14 (Water) of the Garden Grove Municipal Code is hereby amended in its entirety to read as follows:
14.12.050 - METER FAILURE
If a meter under registers and/or fails to register accurately during any period, the consumer shall be charged with an average daily consumption according to the season as shown by the meter when in use and registering accurately in the previous year.
Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word or portion of this ordinance is, for any reason, held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid.
Section 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.
ATTEST:
MAYOR
_______________________________
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on November 28, 2023, with a vote as follows:
AYES: COUNCIL MEMBERS: (6) O’NEILL, TRAN, DOVINH, KLOPFENSTEIN,
NGUYEN-PENALOZA, JONES
NOES: COUNCIL MEMBERS: (1) BRIETIGAM
ABSENT: COUNCIL MEMBERS: (0) NONE