1 CONSTRUCTION AGREEMENT
THIS AGREEMENT is made this _____day of_____________,2024 by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and National Pools, Inc., hereinafter referred to as ("CONTRACTOR").
This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED ____________________.
CITY desires to utilize the services to Furnish All Labor, Material and Equipment for the Eastgate Park Swimming Pool Improvements Project located at 12001 Saint Mark Street, Garden Grove CA, per the bid specification and IFB S-1324.
CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.
WHEREAS, CITY has solicited bids for a capital improvement project, hereinafter referred to as “PROJECT," more fully described as EASTGATE PARK POOL IMPROVEMENTS, IFB No.
S-1324 in the City of Garden Grove; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements here inafter made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY.
2 It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in b oth. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Community Services of CITY (hereinafter referred to as "DCS"), and CONTRACTOR shal l not attempt to resolve or adjust the discrepancy without the decision of DCS, save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed $200,975.00 as set forth in Attachment “B” Bid Schedule, and is incorporated herein by reference. This not to exceed amount includes the base bid amount of $168,475.00 plus the bid alternate amount of $32,500.00.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice to Proceed is issued and diligently prosecute the PROJECT to completion within Thirty (30) working days from the day the Notice to Proceed is issued provided for in this Agreement.
Demolition = 7 working days
Construction; New Main Suction Anti-Entrapment Drains, Install Pool Plaster, Precast Concrete Coping, Waterline, Step, Depth and No Diving Tiles, Metal Hand Rails, Grab Rails, Pool Fittings, Steps = 23 working days
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents.
3 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its wo rk with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have co mplete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CIT Y forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DCS.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DCS may require in writing. Under no condition shall CONTRACTOR make any changes w ithout the prior written order or acceptance of DCS, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DCS.
When directed to change the work, CONTRACTOR shall submit immediately to DCS a written cost proposal reflecting the effect of the change. Should DCS not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DCS and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering into performance of this Agreement, furnish a performance bond, on the CITY's bond form in the amount of one hundred percent (100%) of the Contract price, to guarantee the faithful performance of the work, and a payment bond, on the CITY's form in the amount of one hundred percent (100%) of the Contract price, to guarantee payment of all claims for labor and materials furnished. Bonds submitted on any form other than the CITY's form will be rejected. The required bonds shall be from a surety licensed to do business in the State of California and with a current A.M. Best's rating of A-, VII. This Contract shall not become effective until such bonds are supplied and approved by the CITY.
In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreem ent price, including all change orders, to 4 warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion.
9. WARRANTIES
The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY’s designs, drawings and specifications.
The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances of this Contract or state law and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR a nd its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a pena lty, the sum of One Thousand Dollars ($1,000.00) per each calendar days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. 5 CONTRACTOR shall, within fifteen (15) days from t he beginning of any such delay (unless DCS shall grant a further period of time), notify DCS in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DCS shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR.
12. DEMANDS FOR ADDITIONAL TIME OR MONEY
A. Definitions.
(1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following:
B. A time extension;
C. Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; D. Payment of an amount the CITY disputes;
E. Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; F. A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or G. A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God.
6 13. A Demand for a time extension or payment of money or damages may only be granted by a Change Order.
A. No Change Order may be granted except where the
Contractor has submitted a Demand to the DCS (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DCS shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DCS shall act on the Demand within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater.
B. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or un known site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DCS in writing of the conditions, so that the CITY may promptly investigate the conditions.
C. If the CONTRACTOR disputes the DCS's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the Community Services Director in writing, either within fifteen (15) days of receipt of the Community Services Director's response or within fifteen (15) days of the DCS's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DCS shall schedule a meet and confer conference within thirty (30) days to seek to resolve.
D. CITY and CONTRACTOR shall execute appropriate
Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Pr oject Manager shall issue a written decision on the claim within a reasonable time.
G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the time the CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
14. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment.
Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DCS may, at its sole discretion, when warranted by the facts and circumstances, order an eq uitable adjustment, upwards or downwards, in payment to 7 CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DCS shall ascertain the facts and circumstances and make such adjust ment for extending the completion date as in its sole judgment the findings warrant.
15. PROGRESS PAYMENTS
Each month DCS will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of DCS, faithfully executed f ifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DCS finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DCS, less all previous payments and less all previous retained amounts.
CITY's final payment to CONTRACTOR, if unencumbered, or an y part thereof unencumbered, shall be made thirty (30) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final p ayment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DCS, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work.
16. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES
At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement.
17. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DCS its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for eit her labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California.
8 18. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement.
19. RISK AND INDEMNIFICATION
All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify and keep the CITY, its Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the active negligence or willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.
20. INSURANCE
20.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a statement of obligation on the part of the carrier to notify the city of any material change, cancellation, or termination at least thirty (30) days in advance. A waiver of subrogation shall be provided by the insurer for each policy waiving subrogation against CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, Claims made and modified occurrence policies shall not be accepted for any policy. All Subcontractors shall be required to provide and maintain the same insurances as required of CONTRACTOR under this contract. CONTRACTOR shall be required to collect and maintain all required insurances from all Subcontractors.
20.2 CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or undertake self -insurance in accordance with the provisions of that Code, and will comply with such provision s before commencing the performance of the work of this Contract.
20.3 CONTRACTOR and all Subcontractors shall carry workers' compensation insurance for the protection of its employees during the progress of the work.
The insurer shall waive its rights of subrogation against the CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, and shal l issue a waiver of subrogation.
9 20.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
Additional Insured Endorsements, ongoing and products -completed operations, for the Commercial General Liability policy, including mobile equipment and not excluding XCU. Endorsements shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtain ed and their directors, officers, agents, and employees, as determined by the CITY, as additional insured’s for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 2010, CG 2026, CG 20 33, or CG 20 38; and CG 2037) that conform to CITY’s requirements, as approved by the CITY. ( Claims made and modified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).
An Additional Insured Endorsement for an Automobile Liability policy and shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insured’s for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance, as approved by the CITY. ( Claims made and modified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minim um A.M. Best Guide rating of A -, class VII or better, as approved by CITY).
A Loss Payee Endorsement for the Course of Construction policy designating the City of Garden Grove as Loss Payee. ( Claims made and modified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).
In the event any of CONTRACTOR’S underlying policies do not meet policy limits as required here in, CONTRACTOR sh all provide the schedule of underlying polices for a follows form excess liability policy, state that the excess policy follows form on the insurance certificate, and an additional insured endorsement for the excess liability policy designating CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insured’s. ( Claims made and m odified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A -, class VII or better, as approved by CITY).
For any claims related to this Project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY. Any insurance or self-insurance maintained by the 10 CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permit s will be obtained and their directors, officers, agents, and employees, as determined by the CITY, shall be excess of the CONTRACTOR’s insurance and not contribute with it.
20.5 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a Best's Guide Rating of A -Class VII or better (claims made and modified occurrence policies are not acceptable):
11 Workers’ Compensation As required by the State of
California.
Employer’s Liability
Not less than $1,000,000 per
accident for bodily injury or disease.
Commercial General Liability
(including on-going operations,
products
- completed operations, and
mobile
equipment, and not excluding
XCU)
Not less than $5,000,000 per
occurrence for bodily injury,
personal injury and property
damage.
Automobile Liability, for all
automobiles
including non-owned and hired
vehicles
Not less than $5,000,000 combined
single limit for bodily injury and
property damage.
Professional Liability
Bailee Coverage
Not less than $1,000,000 per
occurrence for errors and omissions.
Full value of playground equipment/
property in the care, custody, and control
by CONTRACTOR.
Course of Construction
Completed value of the project with
no coinsurance penalty provisions.
Follows Form Excess Liability
Required for any underlying policy
that does not meet the underlying
policy limits required herein.
If contractor maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher limits otherwise maintained by the CONTRACTOR.
CITY or its representatives shall at all times have the right to inspect and receive a certified copy of all said policies of insurance, including certificates and endorsements at CONTRACTORS sole cost and expense. CONTRACTOR shall pay the premiums on the insurance hereinabove required.
21. CALIFORNIA PREVAILING WAGE LAW AND FEDERAL DAVIS-BACON ACT.
A. General Prevailing Rate. CITY has ascertained CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailing wages. If the re is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the 12 CONTRACTOR and its Subcontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal Wage determinations.
Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question." B. Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770 1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.
C. Apprentices. Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the emplo yment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith; provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the contracts of specialty contr actors not bidding for work through a general or prime contractor involve less than thirty thousand dollars ($30,000.00).
D. Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California and shall forfeit to the CITY as a penalty, the sum of twenty five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one
E. Calendar day and forty (40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.
F. Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. The applicable CONTRACTOR or subcontractor or its agent having authority over such matters shall certify all payroll records as accurate. CONTRACTOR further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's rep resentative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. CONTRACTOR shall comply with all of the provisions of Labor Code Sec tion 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3). The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for labors, every two weeks to the Project Manager. Certified payroll and cancelled checks submittals are due one month after start of construction and every two weeks thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five 13 (5) working days or contract work must cease. The CITY will not be responsible for any delay or acceleration charges or any incurred costs or damages as a result of the work stoppage due to CONTRACTOR’s failure to comply. Work shall be ceased in an orderly, safe fashion with all vehicle access restored. Should this not occur, CITY will correct the deficiencies and deduct the cost from funds due to the CONTRACTOR. In addition, no progress payment shall be made until the copies of certified payroll reports and cancelled checks are submitted.
G. Contractor Registration. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.
H. Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a) (2).
I. Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
22. TERMINATION
This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.
If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default.
Upon receipt of a termination action, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.
Upon termination, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.
23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration o r earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost.
14 24. NONASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code.
26. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provide d for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce s uch stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement.
27. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent:
TO CITY: TO CONTRACTOR:
City of Garden Grove National Pools, Inc.
ATTN: Purchasing and City Attorney ATTN: Cynthia, Zarate, Officer 13802 Newhope Street 15439 Monte Street
Garden Grove, CA 92843 Sylmar, CA 91342
(714) 741-5386 Phone (818)367-9340
28. SECTION HEADINGS
The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parti es or affect the construction or interpretation of any provision of this Agreement.
15 29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply wit h the provisions of the Immigration Reform and Control Act of 1978 (8 USC Section 1324a) regarding employment verification.
30. ATTORNEY'S FEES
If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements.
Notwithstanding the foregoing, if any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.
31. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upo n any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
32. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California and venue shall be in Orange County.
33. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it.
34. CONSENT
Where CITYs consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event.
16 35. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq.
36. SIGNATORIES
Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
37. ENTIRETY
The foregoing set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties.
The parties acknowledge and agree that they are ent ering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representa tions, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on a ny representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement.
38. APPROPRIATIONS
This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
\ \ \ \
(Agreement Signature Block on Next Page)
IN WITNESS THEREOF, these parties have executed this Project Agreement on the day and year shown below.
Date:________________________ "CITY”
CITY OF GARDEN GROVE
By: __________________________
City Manager
ATTEST:
_____________________________
City Clerk
Date:_________________________
"CONTRACTOR"
National Pools, Inc.
Contractor's State Lic. No._________
Expiration Date: ________________
By: __________________________
Title: _________________________
Date: _________________________
Tax ID No. _____________________
DIR Registration No.______________
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate Seal
is required. If a partnership, Statement of
Partnership must be submitted to the CITY.
APPROVED AS TO FORM:
_____________________________
Garden Grove City Attorney
SECTION 6 - GENERAL CONDITIONS
INDEX
ARTICLE TITLE PAGE
1. GENERAL DESCRIPTION .............................................................................. 50
2. DEFINITIONS .................................................................................................. 50
3. LOCATION ....................................................................................................... 50
4. CONTRACT ..................................................................................................... 50
5. PERFORMANCE BOND ................................................................................. 50
6. RETENTION ..................................................................................................... 50
7. BEGINNING OF WORK .................................................................................. 50
8. TIME FOR COMPLETION ............................................................................... 50
9. LIQUIDATED DAMAGES ................................................................................ 51
10. STANDARD SPECIFICATIONS AND PLANS ................................................. 51
11. MATERIALS .................................................................................................... 51
12. LICENSES, PERMITS, REGULATIONS & ORDINANCES ............................. 51
13. WORK OUTSIDE REGULAR HOURS ............................................................ 51
14. ORDER OF WORK .......................................................................................... 52
15. PRECONSTRUCTION CONFERENCE .......................................................... 52
16. QUANTITIES OF WORK ................................................................................. 52
17. LEGAL RELATIONS & RESPONSIBILITY ...................................................... 53
18. PROSECUTION OF WORK ............................................................................ 53
19. EXAMINATION OF PREMISES ...................................................................... 53
20. TERMS OF CONSTRUCTION AS USED IN THESE SPECIFICATIONS........ 53
21. RECORD DRAWINGS .................................................................................... 53-54
22. SUBMITTALS .................................................................................................. 54
23. SUPERINTENDENCE OF LABOR AND COMPETENCY .............................. 54
24. PROTECTION AND INSURANCE .................................................................. 54
25. SUBCONTRACTORS ..................................................................................... 54
26. CLAIMS/LEGAL ACTIONS AGAINST THE CITY ............................................ 54
27. SATISFACTION OF LIENS ............................................................................. 55
28. DISPUTED WORK .......................................................................................... 55 SECTION 6 - GENERAL CONDITIONS (Continued)
INDEX (Continued)
ARTICLE TITLE PAGE(S)
19 29. CLEAN UP ....................................................................................................... 55
30. LEGAL HOLIDAYS ........................................................................................... 55
31. PAYMENTS ..................................................................................................... 55
32. PAYMENT OF TAXES ..................................................................................... 56
33. SCHEDULE OF CONSTRUCTION ................................................................. 56
34. SAFETY PROVISIONS ................................................................................... 56
35. GUARANTEE .................................................................................................. 56
36. ENGINEERING AND SURVEY CONTROL .................................................... 57
37. COORDINATION OF DOCUMENTS………………………………… ................ 57
38. RIGHT-OF-WAY .............................................................................................. 57
39. CONSTRUCTION SITE .................................................................................... 57-58
40. TESTS ............................................................................................................. 58
41. COMPLIANCE WITH LAW .............................................................................. 58
42. NO WAIVER OF CONDITIONS ...................................................................... 58
43. CORPORATE AUTHORITY ............................................................................ 58
44. MODIFICATION ............................................................................................... 58
45. WAIVER ........................................................................................................... 58
46. CALIFORNIA LAW ........................................................................................... 59
47. INTERPRETATION .......................................................................................... 59
48. PRESERVATION OF AGREEMENT ................................................................ 59
49. MUTUAL AGREEMENT ................................................................................... 59
50. NOTICE OF COMPLETION ............................................................................. 59
51. HAUL ROUTE PLAN ................................ ................................ .................... 59
52. NOTICE ................................ ................................ ................................ ........ 59-60
SECTION 6 - GENERAL CONDITIONS
1. GENERAL DESCRIPTION
The work shall consist of furnishing all material and equipment and performing all labor required to carry out the general intention in accordance with the Plans and Specifications.
2. DEFINITIONS
State: Shall mean the State of California or the City of Garden Grove as applicable
City Council: Shall mean the governing body of the City of Garden Grove.
Community Services: Shall mean the Community Services Department of the City of Garden Grove.
City: Shall mean the City of Garden Grove.
Project Manager: Shall mean the Community Services Manager or his/her authorized agent.
3. LOCATION
The work shall be constructed on land owned or controlled by the City of Garden Grove, at the sites shown on the plans.
4. CONTRACT
Within ten (10) calendar days after CITY award, the Contract shall be executed on the form enclosed herein by the successful CONTRACTOR. It shall be the responsibility of the CONTRACTOR to make an appointment within the above time limit to si gn the Contract in the Project Manager's office and to discuss the construction operations with the Project Manager or his/her representative.
5. PERFORMANCE BOND
Refer to Construction Agreement.
6. RETENTION
Refer to Construction Agreement.
7. BEGINNING OF WORK
Refer to Construction Agreement.
8. TIME FOR COMPLETION
Refer to Construction Agreement.
SECTION 6 – GENERAL CONDITIONS (Continued)
21 9. LIQUIDATED DAMAGES
Refer to Construction Agreement.
10. STANDARD SPECIFICATIONS AND PLANS
"Standard Specifications" referred to herein shall be those published by the State of California, Department of Transportation, Standard Specifications 2018, and the “Greenbook” referred to herein shall be Standard Specifications for Public Works Construction, latest edition. The "Plans" referred to herein shall be those of the City of Garden Grove, Community Services Department, latest revision unless noted otherwise.
11. MATERIALS
Materials shall be new and in accordance with these specifications. Certified reports of material's inspections of materials required under this contract as specified herein shall be submitted and may be accepted by the Project Manager in lieu of actual chemical or physical tests in the field.
Where a reasonable doubt exists in the mind of the Project Manager, however, he shall conduct all necessary tests to determine that the material in question meets the requirements of the specifications. The cost of making such tests shall be borne by the City of Garden Grove when the results indicate compliance with the specifications, otherwise, the expense of such tests shall be borne by the Contractor.
12. LICENSES, PERMITS, REGULATIONS AND ORDINANCES
At its sole cost and expense, Contractor and all sub -contractors shall obtain such licenses, permits, and approvals as may be required by law for the performance of the services required by this agreement. Contractor and all subcontractors shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this contract. The Contractor and any subcontractor shall have the proper state licenses for the work to be performed along with obtaining a City busine ss license prior to commencement of their work.
Contractor shall secure a City of Garden Grove business license prior to working in the City of Garden Grove. The Contractor shall complete the permit process by paying all applicable fees and providing insurance, traffic control plans and information satisfactory to the City of Garden Grove. Contractor shall add the City of Garden Grove as an additional insured on the required liability insurance and to provide a copy of insurance to the City of Garden Grove.
The Contractor and all subcontractors shall comply with all laws, ordinances, rules and regulations bearing on the conduct of the work. Any work performed, or materials or equipment furnished, which does not conform to said laws, ordinances, rules and regulations, shall be changed to conform thereto by the Contractor at his sole expense.
13. WORK OUTSIDE REGULAR HOURS
No work will be allowed outside regular working hours without the express permission of the Project Manager of City of Garden Grove, except work items as mentioned above and relating to maintenance and cleanup of the work area for the purpose of public safety and convenience.
In the event, work outside regular hours is allowed, any extra expense incurred by the SECTION 6 – GENERAL CONDITIONS (Continued)
22 CONTRACTOR shall be conside red as being included in his bid prices and no extra compensation will be due for such work. The night work shall be lighted in a manner approved by the Project Manager.
The legal workday shall consist of eight (8) hours. Work may be completed between the hours of 8:00 AM to 4:30 PM unless otherwise specified. Should CONTRACTOR receive permission from the Project Manager to work overtime, the CONTRACTOR shall pay $250.00 /hr. for the City’s inspector due to the CONTRACTOR’s overtime work. If the work involves material inspection or compaction testing, then contractor shall pay $250/hr. for those services.
Workdays shall be restricted to Monday through Friday unless writt en request outlining substantial reasons for working on Saturdays, Sundays or contractual holidays is submitted to the Project Manager a minimum of forty -eight (48) hours in advance of the proposed non-contractual working day(s). If the work proposed is d etermined by the Project Manager as being in the best interest of the CITY, the necessary inspection will be provided.
If the reasons for such request are not deemed sufficient, the Project Manager may authorize inspection and survey services, if availa ble, and such services shall be billed against the CONTRACTOR at the time and one -half salary rate plus fringe benefits for the personnel assigned to the project. Such services shall be paid to the nearest half -hour worked, subject to a minimum working period of two (2) hours.
Emergency repairs and pre -storm protective installations may be performed in project areas without written notice.
14. ORDER OF WORK
The method of conducting the work shall be subject to the approval of the Project Manager, or his/her authorized representative. (Refer to SECTION 7, ARTICLE 4 of these Specifications.)
15. PRECONSTRUCTION CONFERENCE
The CONTRACTOR, along with his field representative(s) and all subcontractors’, shall meet with representatives of the City of Garden Grove before the start of construction. The CONTRACTOR will be notified regarding the exact time and place of the conference.
The CONTRACTOR shall submit a list of material suppliers to the Project Manager at the PRECONSTRUCTION Conference. He/ She shal l also designate an employee to be responsible for this project other than the Project Superintendent. This employee shall have expertise, and shall be at the project site during all operations requiring supervision. As part of his responsibilities, he s hall personally inspect the project site at least twice per day during operations, and twice per day on days when project remains in effect when no work is in progress.
A schedule of construction shall be submitted to the Project Manager at the PRECONSTRUCTION Conference.
16. QUANTITIES OF WORK
The quantities of work shown in the Proposal are approximate only and constitute the Project Manager's Estimate for this project. The CITY does not expressly or by implication agrees that the actual amounts of work will correspond exactly with the Project Manager's Estimate.
SECTION 6 – GENERAL CONDITIONS (Continued)
23 The CITY reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or expedient by the Community Services Manager.
17. LEGAL RELATIONS AND RESPONSIBILITY
General - In connection with laws to be observed and responsibility of CONTRACTOR, attention is directed to Section 7 of the Standard Specifications and to the laws therein applicable to this contract.
Labor - Attention is directed to the provisions and penalties applicable to workmen permitted to labor more than eight hours in a calendar day, to labor discrimination, and to employment of alien labor.
18. PROSECUTION OF WORK
The CONTRACTOR shall conduct the work in such a manner and with sufficient materials, equipment, and in the time limits set forth in the Specifications. Should the CONTRACTOR with the consent of the Project Manager discontinue the prosecution of the work for any reason, he/she shall notify the Project Manager at least twenty -four hours in advance of resuming operation.
19. EXAMINATION OF PREMISES
Contractors are required to visit the site before submitting proposals so as to satisfy themselves as to existing conditions in and around the project work area. No extra payment will be allowed by the CITY for failure to properly assess site work area and conditions.
20. TERMS OF CONSTRUCTION AS USED IN THESE SPECIFICATIONS The present tense includes the past and future tenses; and the future the present.
The masculine gender includes the feminine and the neuter.
The singular number includes the plural; and the plural the singular. "Shall or will" is mandatory and "may" is permissive.
21. RECORD DRAWINGS
The CONTRACTOR shall keep a complete set of Record Drawings at the job site. Contract Drawings shall be legibly marked showing each actual item of record construction including:
A. Measured depths of elements in relation to fixed datum points.
B. Measured horizontal and vertical locations of underground utilities with reference to permanent surface improvements.
C. Field changes of dimensions, locations and/or materials with details as required to clearly delineating the modifications.
D. Any details not in the original Contract Drawings developed by the CITY or t he CONTRACTOR through the course of construction necessary to clarify or modify the Contract Drawings.
SECTION 6 – GENERAL CONDITIONS (Continued)
24 E. Each month, the contractor will submit updated as-built plan to the Project Manager for review as a condition of payment for monthly progress payment. Progress pay will be withheld until as-built plans are brought up to date.
At the end of the project, CONTRACTOR shall submit to the Project Manager of Garden Grove "As-Built" prints prior to the CITY acceptance of the work. The prints shall indicate i n red all deviations from Project Plans. Failure by CONTRACTOR to submit "As -Built Plans" may cause delay in final payments.
22. SUBMITTALS
The CONTRACTOR shall submit for approval by the Project Manager such material, samples, product specifications/brochures, certified mix designs, warranties material certifications, operations and maintenance manuals and equipment as may be required, whether mentioned specifically herein or not.
23. SUPERINTENDENCE OF LABOR AND COMPETENCY
The CONTRACTOR, or an experienced superintendent authorized to act for him, shall be continually in charge of the work. Information given by the Project Manager to the CONTRACTOR's superintendent or his authorized representative shall be as binding as though given t o the CONTRACTOR in person. In addition, there shall be a qualified and experienced foreman in charge of each branch of work. No workman, foreman, or superintendent shall be continued on the work that, in the judgment of the Project Manager, is negligent or incompetent.
24. PROTECTIONS AND INSURANCE
Refer to Construction Agreement.
25. SUBCONTRACTORS
No subcontractors will be recognized as such. All persons engaged in the work of construction will be considered as employees of CONTRACTOR, and CONTRACTOR will be held directly responsible for their work. No contract or any portion thereof may be assigned without the written consent of the Project Manager.
26. CLAIMS/LEGAL ACTIONS AGAINST THE CITY
It is the intent of this contract, that the Contractor shall and will indemnify and hold harmless the City of Garden Grove, its officers and employees from all claims, suits or actions regardless of the existence or degree of fault or negligence on the part of the City. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person including but not limited to workmen and the public, or damage to property resulting from defects or obstruction or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
In the event claim/legal actions are brought against the City, immediately it will be referred to the Contractor. Failure by the Contractor, for any reason to indemnify, defend and save harmless the City, the City shall deduct from any money due to Contractor reasonable expenses that the City staff or consultant working for the City have incurred in processing, investigation, defending any claims/legal actions brought against the City.
SECTION 6 – GENERAL CONDITIONS (Continued)
25 27. SATISFACTION OF LIENS
Prior to judicial determination of any claim or claims in accord therewith, the CITY may apply an amount withheld to the payment and satisfaction of subcontractors for labor and services rendered and materials furnished. In so doing the CITY shall be dee med the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as a payment made under the Contract by the CITY to the CONTRACTOR, the CITY shall not be liable to the CONTRACTOR for any such payment made in good faith provided that such payment shall not be made except by court order if the CONTRACTOR furnished a bond satisfactory to the CITY to indemnify the CITY against any lien or claim.
If any lien or claim should remain unsatisfied after final payment to the CONTRACTOR, the CONTRACTOR, upon demand, shall refund to the CITY any money that the latter may be compelled to pay to discharge such lien or claim, including all costs and reasonable attorney's fees.
Before the CITY will make the final payment to the CONTRACTOR, the CONTRACTOR shall furnish the CITY with lien releases from all subcontractors and suppliers of material, together with a certified statement that the releases represent all the materials furnished and all the subcontractors engaged for the work.
28. DISPUTED WORK
If the CONTRACTOR and the CITY are unable to reach agreement on disputed work, the CITY may direct the CONTRACTOR to proceed with the work. Payment shall be as later determined by arbitration, if the CITY and the CONTRACTOR agree thereto, or as fixed in a court of law.
Although not to be construed as proceeding under extra work provisions, the CONTRACTOR shall keep and furnish records of disputed work in accordance with Section 9-1.04 of the Standard Specifications.
29. CLEAN UP
The CONTRACTOR shall protect and care for all work until final completion and acceptance.
During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris, and the site must be cleaned up within one day after the Project Manager gives him/her notice.
At the time of the completion of the work, the CONTRACTOR shall remove from the site and the vicinity of the work all plant equipment, buildings and other temporary facilities, all used or unused materials belonging to him/her or used under his/he r direction during construction.
He/She shall remove all debris and rubbish from the site of the work before he/she makes application for acceptance of the work.
30. LEGAL HOLIDAYS
Legal holidays shall be regarded as Memorial Day and Fourth of July. No w ork shall be scheduled on a legal holiday.
31. PAYMENTS
Refer to Construction Agreement.
SECTION 6 – GENERAL CONDITIONS (Continued)
26 32. PAYMENT OF TAXES
The contract prices paid for the work shall include full compensation for all taxes which the CONTRACTOR is required to pay, whether imposed by Federal, State, or local government, including, without being limited to, Federal Excise Tax and Federal Transportation Tax.
33. SCHEDULE OF CONSTRUCTION
The CONTRACTOR shall submit to the Project Manager a schedule of construction for approval. The sched ule of construction shall list in detail and proper sequence the various construction items for the job. No changes shall be made to the sequence of construction in the approved schedule without the written approval of the Project Manager. The schedule o f construction shall be submitted in accordance with Section 8 -1.02 of the Standard Specifications with the following exceptions:
A. The CONTRACTOR shall submit a written proposed progress schedule to the Project Manager for review and approval before starting construction.
B. The CONTRACTOR shall be responsible for furnishing a schedule on a form, which meets the Project Manager's approval.
C. The CONTRACTOR shall be responsible for updating the schedule and, if requested, will provide an updated copy of the schedule at the end of each billing period.
D. No payments of work completed shall be made until the subject schedule is submitted and approved.
The schedule of construction shall list in detail and proper sequence the various construction items for the job. The Project Manager shall be notified before any change is made in the sequence of construction.
34. SAFETY PROVISIONS
The CONTRACTOR shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety.
The CONTRACTOR shall maintain the work site in a clean, safe and workmanlike manner. All material to be cleared from the site shall be removed from the site at the end of each day.
The CONTRACTOR shall upon direction of the Project Manager, immediately remove or protect any item, which in the opinion of the Project Manager presents a safety hazard. All costs involved in maintaining the work site in a clean and safe manner shall be included in the various items of work and no additional compensation will be allowed. With the approval of the City Project Manager, The Contractor may establish temporary "No Parking Tow Away" zones adjacent to the work zone. Establishment of such zones shall be coordinated with the Garden Grove Police Department, (714) 741-5704, and the City's Traffic Project Manager, (714) 741- 5189.
35. GUARANTEE
Refer to Construction Agreement.
SECTION 6 – GENERAL CONDITIONS (Continued)
27 36. ENGINEERING AND SURVEY CONTROL
Control of the work shall be in accordance with Section 5 of the Standard Specifications and herein contained under Section 6 - General Conditions, with the following modifications:
The CONTRACTOR shall provide the services of a land Surveyor licensed in the state of California, for laying out survey control for the work.
37. COORDINATION OF DOCUMENTS
In case of conflict between the various contract documents, the order of precedence shall be as follows:
1. Special Provisions
2. General Conditions
3. Construction Plans
4. City of Garden Grove Site Plans
5. City of Garden Grove Community Services Department Specifications
6. Caltrans Standard Specifications, 2018 Edition
7. Standard Specifications for Public Works Construction, 2018 Edition The 2018 Standard Specifications shall apply to all phases of work not controlled by documents 1 through 5 above.
In case of conflict between the contract documents and the instructions and conditions of the invitation to bid, the contract documents shall have precedence.
In case of conflict, it is the contractor’s responsibility to use best materials as approved by the Project Manager.
38. RIGHT-OF-WAY
It shall be the responsibility of the Contractor to conduct all of his/her activities and operations within the rights-of-way provided by the City and within the confines of the work site.
If, for any reason, the Contractor elects to encroach upon other lands adjoining rights-of-way or adjoining the work site, he/she shall first obtain written permission from the owner thereof and provide evidence of such permission in writing to the Project Manager prior to entering upon such lands.
The Contractor shall indemnify and hold the City harmless from all claims for damages occasioned by such work or activity, whether done in compliance with this section and with permission or in violation of this section and without permission.
39. CONSTRUCTION SITE
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 to repair shall be done at the construction yard adjacent to the work area. The CITY shall approve the location and size of construction yard. A ny damaged, destroyed or disturbed area at the site shall be restored to their original condition or replaced by the CONTRACTOR as directed by the Project SECTION 6 – GENERAL CONDITIONS (Continued)
28 Manager at no additional expense to the CITY. All equipment and materials shall be stored at the yard during weekends, unless otherwise authorized by the Project Manager.
Excavated materials shall not be stored on the site. Excavated materials that may be suitable for backfill may be stored at the site as approved by the CITY Community Services Directo r.
The Project Manager shall, at all times, have a safe access to the site for purposes of inspection and testing. The CONTRACTOR shall remove all trash, debris, and construction materials, spoil and contaminates (gas, oil diesel fuel, lubricants, etc.) and leave the site in a clean and level condition.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed.
40. TESTS
Tests, including compaction tests, shall be performed in accordance with the Standard Specification and this Specification. The Contractor, at its own expense, shall deliver the materials for testing to the place and at the time designated b y the Project Manager. The Contractor shall notify the Project Manager no less than two (2) working days in advance of any required materials testing. The cost of making such tests shall be borne by the City when results indicate compliance with the specifications, otherwise, the expense of such tests shall be borne by the Contractor.
41. COMPLIANCE WITH LAW
CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments.
42. NO WAIVER OF CONDITIONS
CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this contract shall not be construed as waiver of any other condition of performance under this contract.
43. CORPORATE AUTHORITY
The persons executing this contract on behalf of the parties hereto warrant that they are duly authorized to execute this contract on behalf of said parties and that by so executing this contract; the parties hereto are formally bound to the provisions of this contract.
44. MODIFICATION
This Agreement constitutes the entire agreement between the parties. This Agreement may be modified only by subsequent mutual written agreement executed by the CITY and the CONTRACTOR.
45. WAIVER
All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and the CONTRACTOR.
SECTION 6 – GENERAL CONDITIONS (Continued)
29 46. CALIFORNIA LAW
This Agreement shall be construed in accordance with the laws of the State of California.
47. INTERPRETATION
This Agreement shall be interpreted as though prepared by both parties.
48. PRESERVATION OF AGREEMENT
Should any paragraph, clause or provision of this agreement be found invalid or unenforceable, such decision shall affect only the paragraph, clause, or provision construed and interpreted, and all remaining provisions shall remain valid and enforceable.
49. MUTUAL AGREEMENT
The parties hereto do mutually covenant and agree to the full and faithful performance of their respective obligations under this contract.
50. NOTICE OF COMPLETION
Contractor shall certify in writing to City, prior to final payment, that the entire project is complete and request that City issue a Notice of Completion. Within a reasonable time thereafter, City and Contractor shall make an inspection. If the City does not consider the project complete, it will notify the Contractor in writing giving its reasons the list of work to be completed or corrected and shall be accepted by the City prior to recordation of the Notice of Completion and final payment.
51. HAUL ROUTE PLAN
Prior to the start of construction, the Contractor shall submit three copies of a haul route plan to the Project Manager for review and approval. Plan shall delineate route and type of contractor and subcontractor vehicles from point of inception to work site, and return to point of inception.
The Contractor shall demonstrate that he has given full consideration to the possible impacts to the surrounding and adjacent properties and that the proposed plan provides the least possible impact. Safety appropriate to haul trucks will be required at all items.
Haul truck route to be free of debris, material at the end of the working day, and cleaned continuously during the hauling operation.
52. NOTICE
Contractor shall Document, Video, Photograph Contractor ’s Activity Areas, Supplier’s, Trucking, Subcontractor’s, Storage Yard, Existing Structures, Signs, Street Lights, Traffic Signals, Driveways, Pre -existing Conditions and Elevations. CONTRACTOR shall deliver a copy to the Project Manager for their acceptance Ten (10) working days prior to commencing ALL activities on the Project Site.
Prior to the start of construction operations, the Contractor shall notify the Police and Fire Departments of the AGENCY, giving the approximate starting date, completion dat e, and the name and telephone of responsible persons who may be contacted at any hour in the event of a critical condition requiring immediate correction.
SECTION 6 – GENERAL CONDITIONS (Continued)
30 At least two weeks prior to starting work, the Contractor shall deliver notices to the residents and businesses in the area affected by the construction. At least 48 hours before working on a street, the contractor shall contact the residents and businesses of that street by written notice to prov ide information as to the type of work, closure, type of inconvenience and the expected duration. The written notice shall be a tag shape and be hanging on doorknobs and all parked vehicles on the street. In the event of a delay after the notice has been delivered, the contractor shall provide an updated notice to the residents and businesses. After construction completion on the street, the contractor shall collect any notices that are not pick up by the residents or businesses.
SECTION 7 - SPECIAL PROVISIONS
Table of Contents
ARTICLE SPECIAL PROVISIONS PART I PAGE
ARTICLE 1 - CONTRACT ADMINISTRATION PROCEDURES ................................ ....................... 32 ARTICLE 2 - SCOPE OF WORK ................................ ................................ ................................ ..... 33 ARTICLE 3 - COOPERATION ................................ ................................ ................................ ......... 33 ARTICLE 4 - SCHEDULE OF CONSTRUCTION AND ORDER OF WORK ................................ 34-68 ARTICLE 5 - CONSTRUCTION WATER ................................ ................................ ......................... 65 ARTICLE 6 - CONSTRUCTION YARD SITE ................................ ................................ ................... 65 ARTICLE 7 - PROJECT APPEARANCE ................................ ................................ ................... 355-66 ARTICLE 8 - PUBLIC SAFETY ................................ ................................ ................................ ........ 36 ARTICLE 9 - ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES .............................. 36 ARTICLE 10 - GEOTECHNICAL INVESTIGATION................................ ................................ .....36-67
SPECIAL PROVISIONS PART II PAGE
CONSTRUCTION MATERIALS ................................ ................................ ................................ ..68-77
SPECIAL PROVISIONS PART III PAGE
CONSTRUCTION METHODS ................................ ................................ ................................ ....78-88
SPECIAL PROVISIONS PART IV PAGE
COMPLETION AND ACCEPTANCE ................................ ................................ ................................ 59
32 ARTICLE 1 - CONTRACT ADMINISTRATION PROCEDURES
For any type of problems, changed conditions, plan interpretations, progress billings and etc.
Contractor to Notify the
Inspector & Follow-up in Writing
to Project Manager
Inspector Inform the Project
Manager. Alternate Project Manager
Investigates Matter.
Alternate Project Manager Submit Findings
and Makes Recommendations to
Project Engineer.
Project Engineer Review Findings
and Recommend Approval or Denial
to Community Services Director.
Community Services Director Notifies
Contractor of Decision in Writing.
If Contractor disagrees with the decision, the City will direct the Contractor to proceed with the work, subject to the provisions of Subsection 5-1.43. If a notice of potential claim is filed under the provisions of Subsection 5-1.43, Contractor shall provide daily extra work reports per Subsection 9-1.04.
All daily extra work reports shall be delivered to the Project Manager within 24 hours of performance of such extra work.
The Contractor shall notify the Community Services Director through the inspector in writing within three (3) working days following the discovery of any conflicts and/or difficulties, and before they are disturbed of existing conditions. The Contractor's failure to give written notice of changed conditions within the time required (Ten calendar days) shall constitute a waiver of any potential claim.
It shall be the responsibility of the Contractor to initiate, to meet and confer, and try to resolve in good faith pending claims against labor, materials and equipment, potential and disputed claims, extra work, corrections and repairs, and any other claims associated with the project.
At the final inspection, Contractor shall provide a list of all claims, proceeding from notices of potential claims previously submitted under the requirements of the Contract, for which he intends to file claims.
Contractor shall also arrange to meet and confer on the listed claims within 15 days of the final inspection. Time of the meeting shall be within this 15-day period.
33 If on the day of final inspection Contractor fails to set such meeting or provide the list of claims, the project will not be accepted and working days will continue to accrue. If these requirements are met on the day of the final inspection, preliminary acceptance will be established pending final acceptance following attendance of Contractor at the scheduled meeting.
If Contractor attends the scheduled meeting within 15 working days of the final inspection, the date of acceptance will be the date of final inspection. Failure of the Contractor to attend such meeting within 15 days of the date of preliminary acceptance shall cause the working days used in performance of the contract to be calculated based on the date of the actual meeting being date of final acceptance, minus 15 days.
If for any reason claims cannot be settled through good faith negotiations, claims will be resolved in conformance with Section 9-1.22 "Arbitration" of the Specifications with the following additions:
The City and the Contractor shall share all fees required by arbitration equally. When the claim is to be settled in court, both parties must pay their own attorneys' fees.
Full compensation for conforming to the requirements of this article shall be considered as included in the Contract bid prices for the various items of work, and no separate payment will be allowed therefore.
ARTICLE 2 - SCOPE OF WORK
The scope of work shall conform to the provisions of the Specifications and the following additions:
The intent of this project is to construct all items of work complete in place in accordance with the project plans, specifications and as directed by the Project Manager. The unit prices, which include the cost of equipment, tool, materials and labor that are delivered to the work site are necessary for this purpose, to complete the project within the contract time required.
When unforeseen difficulties or a conflict is encountered, including toxic and hazardous materials, Contractor shall notify the Project Manager in writing immediately upon discovery and before the existing conditions are disturbed. Contractor shall also allow the Project Manager minimum of three (3) hours to investigate the conditions and make determinations concerning these conditions. Contractor and his work force shall assist the Project Manager in such investigations. If the Project Manager determines that additional time is needed for evaluation after investigation; the Contractor shall reschedule, reassign, transfer or move any labor, materials, tools, and equipment and alter the sequence of construction activities as necessary to carry out the intent of this project at no cost to the City.
The Contractor cannot withdraw from the project site any labor, materials, tools and equipment without prior written approval by the Project Manager or his/her autho rized representative. The Contractor, therefore, shall have no claim against the City for delay, standby time of tolls, equipment and labor, damages, liability and loss of profit, when it is necessary for the Project Manager to exercise this requirement.
Full compensation for conforming to the requirements of this article shall be considered as included in the Contract bid prices for the various items of work, and no separate payment will be allowed therefore.
ARTICLE 3 - COOPERATION
Although there can be no guarantee that difficulties will not be encountered, the cooperation of the Contractor is expected. The City has endeavored to provide a complete project plan and specifications.
In the event of any conflict during the course of construction, Contractor shall allow reasonable time and
34 to provide equipment and manpower for the Project Manager to field-check and make determination to resolve the conflict.
Contractor shall provide equipment and manpower to dig all holes necessary for testing and other test requirements.
Contractor shall have, at all times during working hours, a representative on the job site. The representative shall have the authority to make decisions regarding work that can commit Contractor time, materials, equipment’s, labors, and resources.
Full compensation for conforming to the requirements of this article shall be considered as included in the Contract bid prices for the various items of work, and no separate payment will be allowed therefore.
ARTICLE 4 - SCHEDULE OF CONSTRUCTION AND ORDER OF WORK
A. Schedule of Construction
Before starting construction, the Contractor shall submit to the Project Manager a practicable progress schedule to be approved by the Project Manager. The schedule shall show the order in which the Contractor proposes to carry out the work, and the contemplated dates for completing the salient features.
The progress schedule shall be consistent with the order of the work, and time requirements of the Contract. Construction shall also be scheduled in such a manner as to allow the Project Manager to inspect the readiness of every phase of the work.
For the purposes of minimizing impact to parking, residents and park users, the Contractor shall schedule his/her work in an orderly fashion, meeting the approval of the Project Manager. Contractor shall submit and receive the Project Manager -approved schedule prior to issuance of the Notice to Proceed.
B. Construction Meeting
Contractor shall anticipate a weekly construction meeting held between representatives of the City of Garden Grove, and the Contractor, at an agreed place, day of the week and time in order to discuss progress, submittals, current challenges, potential problems and other miscellaneous topics necessary to the proposed project.
C. Order of Work
The first order of work, after being notified that he has awarded the Contract, shall be to place the order for all the materials required by this project within three (3) working days from date of notification. The Contractor shall furnish the Project Manager with a statement from the vendor that the order for said materials has been received and accepted by said vendor.
In addition, in order to provide lead time to resolve any unforeseen utility conflicts, the Contractor shall conduct a dig alert and ascertain the true location and depth of all underground utilities and services as shown on the plans or located within the lines of excavation and/or marked by their respective owners in the field. This phase of work shall be performed a minimum of two (2 ) weeks, if allowable, prior to any pulverization or excavation work and shall be incorporated into the construction schedule.
35 Full compensation for conforming to the requirements of this article shall be considered as included in the Contract bid prices for the various items of work and no separate payment will be allowed therefore.
ARTICLE 5 - CONSTRUCTION WATER
Construction water may be taken only at locations approved by the Water Services Division. The City, at the Contractor’s expense, will install a construction meter and eddy valve at these locations. 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 shall make application to the City of Garden Grove Water Department for installation of a fire hydrant water meter for his construction water and shall make appropriate meter deposits to cover cost of relocation or damage to the meter.
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 therefore.
ARTICLE 6 - CONSTRUCTION YARD SITE
The proposed project is located at a city park. Contractor shall, at his expense, secure a site for storing materials supplies and equipment. A conscious effort on his/her part is required, that due regard to the rights of the public must be observed at all times possible obstruction and inconvenience shall be kept to the minimum.
Construction materials shall not be stored in streets, roads or highways for more than three (3) working days after unloading. 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 f or 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 to repair shall be done at the construction yard.
All equipment and materials shall be stored at the yard during weekends, unless otherwise authorized by the Project Manager.
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 Project Manager shall, at all times, have a safe access to the site for purposes of inspection and testing.
Full compensation for conforming to the requirements of this article shall be considered as included in the Contract bid prices for the various items of work, and no separate payment will be allowed therefore.
ARTICLE 7 - PROJECT APPEARANCE
The Contractor shall maintain a neat appearance to the work site. Asphalt concrete, aggregate base, broken PC concrete, native soil, and debris de veloped 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. Whenever the Contractor fails to control dust resulting from the
36 performance of the work, the Project Manager may cause such dust to be controlled and costs thereby incurred shall be deducted from moneys due or to become due the Contractor.
Full compensation for conforming to the requirements of this article shall be considered as included in the Contract bid prices for the various items of work, and no separate payment will be allowed therefore.
ARTICLE 8 - 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 covered or adequately fenced at night and on weekends or at other times required by the Project Manager for safety. No open trenches or any other open excavation shall be left open for more than two (2) working days. Contractor shall backfill all open excavation at his expense.
The Contractor may establish temporary "No Parking Tow Away" zones adjacent to the work zone.
Establishment of such zones shall be coordinated with the Garden Grove Police Department, (714) 741-5707, and the City's Traffic Project Manager, (714) 741-5189.
Temporary "No Parking Tow Away" zone sign shall be posted 72 hours in advance by the Contractor, stating the date and time, for any arterial street. Residential streets shall be posted 48 hours in advance.
Payment for fencing, safety protection and temporary excavation backfill shall be included in the Contract bid prices for the various items of work involved, and no additional compensation will be allowed therefore.
ARTICLE 9 - 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 Project Manager. The Project Manager 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 8-1.07B. Should the Contractor's operations be affected materially, additional work will be paid for as extra work as provided in Section 4, "EXTRA WORK," of the Specifications.
ARTICLE 10 - GEOTECHNICAL INVESTIGATION
The City does not guarantee, either expressed or implied, that groundwater and the conditions indicated on the ge otechnical reports are representative of those actually existing throughout the project, or any part of it, or that unforeseen developments may not occur. The City, therefore, encourages the Contractor to conduct his/her own subsurface exploration before submitting a bid. The availability of the geotechnical investigation shall not be construed as a waiver of the Contractor's obligation to inspect the soil conditions himself, before submitting a bid.
37 By submitting a bid, the Contractor acknowledges that he has satisfied himself 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 district's NPDES Order No. (Order No. R8 -2009-0030, and CAS618030) issued by the California Regional Water Quality Control Board (Santa Ana Region).
All costs for dewatering, when encountered during construction, shall be included in the Contract bid prices in the various items of work and no additional compensation shall be allowed therefore.
38 SPECIAL PROVISIONS
PART 2
CONSTRUCTION MATERIALS
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 Portland Cement Concrete
201-1.1.1 General (Add the following)
All new concrete shall have a compressive strength of F’c= 4500 psi 28 day compressive strength
All new concrete shall be resistant to sulfates per 2022 CBC Chapter 19 and ACI 318-1.9 Table 19.3.1.1
201-1.1.5 Test for Portland Cement Concrete [Add the following]:
1. All material shall comply with American Concrete Institute (Act I) and Uniform Building Code.
2. Product Data:
a. Submit complete materials list of items proposed for the work. Identify materials source.
b. Submit admixture, curing compound, retarder, and accessory item product data.
c. Submit material certificates for aggregates, reinforcing, and joint fillers.
3. Provide field quality control testing and inspection during concrete operations.
4. CONTRACTOR shall provide adequate notice, cooperate with, provide access to the work, obtain samples, and assist test Agency Representative in execution of their function.
5. Testing:
a. Provide slump test on first load of concrete delivered and whenever requested due to changes in consistency or appearance of concrete.
1. Furnish copies of field records and test reports as listed for strength tests.
b. Strength Testing:
39 1. Provide 1 set of 3 test specimens placed in any one day.
Secure samples in accordance with ASTM C31.
2. Test 1 specimen at 7 days and 2 specimens at 29 days in accordance with ASTM C39.
3. Furnish copies of field records and test reports as follow:
(2) Copies to Agency Representative
(1) Copy to CONTRACTOR
201-1.2 Materials
201-1.2.1 Portland Cement
[Replace first sentence of the first paragraph]:
All cement shall be Type V.
201-1.4.3 Cement Mix [Add the following]:
Mixes:
1. Provide ASTM C94 ready-mixed concrete.
a. Strength: 4,500 psi minimum @ 28 days
b. Slump Range: 2" to 4" maximum
c. Water / Cement Ratio: 0.40 per ACI 318-19 Table 19.3.2.1
2. Provide an acceptable water-reducing admixture in all concrete.
3. Provide an air-entraining admixture in all concrete. Air content 5% to 7%.
4. Indicate water added to mix at job site. Show quantity of water added. Site water tempered mixes exceeding specified slump range will be rejected as not complying with specifications requirements.
201-1.1.6 (Change the following to)
Swimming Pool Plaster
201-1.1.6.1 General
Add the following to section;
All swimming pool plaster shall be accordance with the American Concrete Institute (ACI) And Portland Cement Association (PCA) Guidelines and Manufacturer Specifications noted on the construction plans
201-1.1.6.2 Test for Portland Cement Concrete [Add the following]:
1. All material shall comply with American Concrete Institute (Act I) and Uniform Building Code.
40 2. Product Data:
3. Submit complete materials list of items proposed for the work. Identify materials source. White Portland Cement Pool Plaster and White Pool Sand
4. Submit admixture, curing compound, retarder, and accessory item product data for Calcium Chloride Prills.
5. Submit plaster delivery tickets.
6. Provide field quality control testing and inspection during plaster operations.
201-1.1.6.3 Materials
201-1.1.6.4 Portland Cement [Replace first sentence of the first paragraph]:
All cement to be used or finished shall be: Eco White (R) Cement by; Cimsa Manufacturer Available at: National Pool Tile Phone: (714)-630-2216 (or Agency Approved Equal).
All sand to be used or finished shall be: Marble Mix UTRA White Pool Sand. Available at:
National Pool Tile Phone: (714)-630-2216 (or Agency Approved Equal).
201-1.1.6.5 Plaster Mixing [Add the following]:
Mixes:
Provide an acceptable water-reducing admixture in all concrete as necessary and as noted on the construction plans.
Indicate water added to mix at job site. Show quantity of water added. Site water tempered mixes exceeding specified slump range will be rejected as not complying with specifications requirements
201-2 Reinforcement for Concrete
Add the following to section 201-2.1, “General,” of the Standard Specifications:
All reinforcing steel shall conform to Sections 201-2 and 303-1.7 of the Standard Specifications except as otherwise described on the Plans and in these Special Provisions.
The CONTRACTOR shall submit certified mill tests for all reinforcing steel.
Reinforcing steel bars shall be of the Intermediate Grade conforming to ASTM A615, Grade 60 for sizes #3 and #4, Grade 60 for sizes #5 and larger, and shall be rolled from new billets. All bars shall be identified by mil heat numbers. Tie wire shall be 16 gauge- annealed wire.
41 Fabrication: Fabricate bars of indicated size. Accurately form to shapes and lengths indicated by methods not injurious to the materials. Do not heat reinforcement for bending. Bars with kinks or bends not scheduled will be rejected.
Placing: Coordinate all work with other trades.
All bars shall be placed and wired in position by 16 gauge-annealed wire. Tie stirrups to bars at both top and bottom. Bend wire ties away from forms.
Maintain proper distance and clearance between parallel bars and forms. Provide metal spreaders and spacers to hold steel in position as necessary.
Support steel at proper height upon approved chairs, transverse steel bars with hangers, or in other manner as necessary to accurately place and secure bars. Maintain clear spacing between parallel bars of not less than 1½". Lap and splice bars in the manner and at the locations shown on the Plans.
Bars on footing or slabs on grade shall be supported on concrete blocks. Reinforcing steel in beams and suspended slabs shall be supported on steel chairs.
Provide additional reinforcing bars at sleeves and openings.
Before placing reinforcing and again before concrete is placed, clean reinforcement of loose mill scale, oil or other coating that might destroy or reduce bond. Splices shall be made with a lap of 60 bar diameters unless noted otherwise.
201-2.2 Reinforcing Steel
Add the following paragraph:
All steel, except longitudinal steel, shall be Grade 60 billet steel conforming to ASTM A-615.
201-3 Expansion Joint Filler
Add the following;
201-3.1 General
Furnish and Install for all expansion joints between existing concrete paving and new precast concrete coping surrounding the swimming pool
Clean washed masonry sand leveling coarse
¾” Diameter Closed Cell Backer Rod on top of sand
Two part elastomeric polysulfide base joint sealant product top coarse
Contractor shall submit manufacturer's product and installation instructions.
201-3.2 Joint Filler Materials
42 Contractor shall use: Clean Washed Masonry Sand as leveling base coarse from; Resource Building Materials Phone: (800) 274-2549 (or Agency Approved Equal)
Contractor shall use: Sika Pro Select ¾” diameter closed cell foam backer rod, install and secure on top of the sand from; Home Depot (or Agency Approved Equal)
Contractor shall use: Deck-O-Seal (Gun Grade) Two part elastomeric polysulfide base joint sealant with hand applied dressing of masonry sand as a top coarse. Phone:
(800)542-7665
(or Agency Approved Equal)
Apply per manufacturer’s specification
Change Section to read:
201-5 TILE THIN-SET MORTAR
201-5.1.1 General; Thin Set Mortar shall have high shear bond strength adhesion to porcelain tiles under water
Contractor shall use; 254 Platinum Adhesive Mortar by Laticrete Manufacturer to bond all porcelain tiles Phone: (800)-243-4788 (or Agency Approved Equal)
Apply per manufacturer’s specification
Change Section to read:
201-5.2 TILE GROUT
201-5.2.1 General:
Grout shall have two part epoxy resins for porcelain tiles made underwater
Contractor shall use; Spectralock Pro Premium Grout by Laticrete Manufacturer to bond all porcelain tiles. Color: 45 Raven Grey / Blue
Phone: (800)-243-4788 (or Agency Approved Equal)
Apply part (AB and C) per manufacturer’s specification
SECTION 202- MASONARY MATERIALS
Change Section to read:
SECTION 202 –1 PRECAST CONCRETE COPING
202-1.1 General
Pool coping shall have 2 1/2” diameter round bullnose that is slip - resistant suitable for public / commercial swimming pools
43 Pool coping shall meet all State of California and Local Code Building and Safety as well as all ADA requirements
Contractor shall submit shop drawings and manufacturer's product and installation instructions.
All pool coping shall bond grounded in accordance to all building and safety and 2022 Electrical CEC code requirements.
Add to the following section:
202-1.2 Material
Contractor shall furnish, install and secure new precast concrete safety grip coping from; Hancrete Products Company Phone: (909) 947-1543 (or Agency Approved Equal) surrounding the complete swimming pool as shown on the construction plans
Straight Size: 12” wide x 24” long
And
Radius Corners Size: 19” (inside) and 38” (outside) x 12” wide Bullnose (outside face) shall be: 2 1/2” radius
Finish: Light Washed
Color: Natural gray
Quantity: As shown on the construction plans
(Change Section to read):
SECTION 202 –2 PORCELIAN TILE
202-2.1 General
Add to the following section:
Submit physical samples of all specified tiles to Agency for review and approval.
Submit manufacturer's product information and installation instructions.
202- 2.1.1 Swimming Pool:
Furnish, Install and Secure new glossy commercial porcelain water line tile all sides of pool including recessed boxes on all skimmers
Size: 6” x 6”
Color: / Model # Cobalt M6764C
Finish: Smooth
Quantity: As shown on the construction plans
Install per manufacturer specifications
Available at: National Pool Tile (714)-630-2216) (or Agency Approved Equal)
44 202-2.1.2 Pool Step Treads:
Furnish, Install and Secure new commercial porcelain tiles along each underwater step tread Size: 1” x 1” (Two rows per each step tread)
Color: / Model # Blue HM-206
Finish: Abrasive – Non-Slip Resistant
Quantity: As shown on the construction plans
Install per manufacturer specifications
Available at: National Pool Tile (714)-630-2216) (or Agency Approved Equal)
202-2.1.3 Special markers:
Furnish and Install new commercial porcelain water depth tiles inside pool at waterline and outside the swimming pool at insets within the concrete paving
202-2.1.3.1 Water Depth Tiles
Size: 6” w x 6” l
Color: White Background
Font: Arial Style 5” high Black Letters (non-painted)
Water Depth Tiles shall read as: 2 1/2, 3, 3 1/2 & 4 + (F-T) (FEET) Finish: Inside Pool- Smooth
Finish: Outside Pool on Concrete Paving Deck – Abrasive – Non-Slip Resistant Quantity: As shown on the construction plans
Available at: National Pool Tile (714)-630-2216) (or Agency Approved Equal)
202-2.1.3.2 No Diving Tiles
Furnish and Install new commercial porcelain “NO DIVING” Tiles outside the swimming pool Size: 6” w x 6” l
Color: White Background
Font: Arial Style 5” high Black Letters (non-painted)
Tiles shall reads: “NO DIVING”
Finish: Abrasive – Non-Slip Resistant
Bond tile with Laticrete Manufacturer Thin set
Grout tile with Laticrete Manufacturer Spectralock Pro Premium Grout Install per manufacturer specifications
Available at: National Pool Tile (714)-630-2216) (or Agency Approved Equal)
SECTION 206 – MISCELLANEOUS METAL ITEMS
206-1.1 General
Add to the following section:
All metal handrails and grab rails shall meet all State of California and Local Code Building and Health and Safety as well as all ADA compliant requirements All metal steel components for the railings and grab rails shall be stainless steel suitable for public / commercial swimming pools at locations shown on the construction plans
45 All metal railings shall be securely anchored and bond grounded in accordance to all building and safety and 2022 Electrical CEC code requirements.
Fabricate, furnish, install and secure all metal railings and metal grab rails per manufacturer specification
Contractor shall furnish, supply and install all hardware nuts, bolts, anchor plates and base collar to install stainless steel hand railings and grab rails.
Submit manufacturer's installation instructions.
Contractor shall provide AGENCY for review and approval shop drawings of all metal connections prior to fabrication. Prior to fabrication and / or delivery on sit 206-1.2
Metal Handrails
Add the following to read:
Fabricate, Install, Anchor Secure and Ground Bond new 3-Bend with two post single piece marine grade 316L stainless steel tubing commercial handrails.
Size 1.50" diameter with 600-grit polished finish.
Furnish and Install bronze anchor socket and post base stainless steel escutcheons for all handrails
Quantity: per construction plans
Available at: SR Smith Company Model #: 3HR-6-049
(Or Agency Approved Equal)
206-1.3 Metal Grab Rails
Add the following to read:
Fabricate, Install, Anchor Secure and Ground Bond new marine grade 316L stainless steel tubing commercial grab rails.
Size 1 5/8" diameter with 600-grit polished finish.
Furnish and Install bronze anchor socket and post base stainless steel escutcheons Quantity: per construction plans
Available at: SR Smith Company Model #: CRH-100B & Double -420-CP Chrome escutcheon plate
(Or Agency Approved Equal)
(Change Section to read)
SECTION 209 – PVC PRESSURE PIPE AND FITTINGS
209-4.1 General
Add the following to read:
All new piping shall be Schedule 40 pipe. All pipe slip and threaded fittings shall be Schedule 40
46 Pool/Spa shall have at least two circulation suction outlets covered with anti-entrapment grates and be at least 3’ apart in any dimension and shall be balanced and plumbed through one or more “T” fittings.
All drains, grates, protective devices & skimmer cover for swimming pools/spas must be approved by the Agency prior to installation.
All equipment shall be installed per manufacturers’ recommendations and in accordance with the State and Local Codes and Regulations.
Furnish and install all new piping and slip and / or threaded wall fittings with screws necessary for the swimming pool circulation drains, auto fill, return lines, safety rope anchors, air-lines and skimmer equalizer wall drain covers as indicated on the construction plans
Furnish and install and secure anchor new 3” x 5” rectangular satin chrome finish drain cap on the air return line as indicated on the construction plans.
Submit manufacturer's product and installation instructions.
Pentair Manufacturer (800)-854-3218
Available at: National Pool Tile (714)-630-2216) (or Agency Approved Equal)
209-4.2 –Materials
209-4.2.1 Main Suction Outlets & Anti-Entrapment Drains
Main circulation drains shall be split with two (2) suction outlets minimum of three feet apart in all directions and with a “T” branch fitting on center.
The “T” branch fitting and piping must be exposed for pre-plaster inspection by Agency Representative.
Main drain, booster, and feature suction covers must each be capable of accommodating 100% of pump flow capacity at 60 feet of head.
The pipe size along the “T” branch to the new covers must meet or exceed the recirculation pump flow at 60 feet of head; and meet or exceed any booster or feature pump at zero feet of head (0 feet of head).
All new Anti-entrapment drain covers shall comply with VGB 2008, ANSI/ APSP/ ASME Performance Standards, Current Title 24 Building and Safety and California Health Department Codes and Requirements.
All Anti-entrapment drain covers must be on-site during pre-plaster inspection.
Drain covers that are no longer supported by their manufacturers or discontinued will not be accepted.
Drain covers must be installed according to the manufacturer’s instructions related to sump size, pipe orientation (bottom or side installation) and flow readings.
47 Suction outlet sumps and piping must be free of water and debris, and visible for inspection.
(Change Section to read):
SECTION 210 SITE FURNISHINGS
210-1 Pool Ladder Steps
210-1.1 General
(Add the following to read)
Recessed steps shall be Non Slip- Resistant and installed vertically spaced equally spaced in cavities creating riser and tread areas for pool ingress and egress
The scope of work for this item is for the Contractor to furnish, deliver and install all components necessary for the recessed pool steps according to the manufacturer’s specifications and as indicated on the construction plans, including all appurtenances and accessories as required for a full and complete installation.
Furnish and Install recessed ABS Polymer Non-Skid Underwater Steps on vertical wall at each metal ring grab railing.
Model: 82400700 (15” wide) Color: White
Quantity as shown on the construction plans
Pentair -Cycolac Manufacturer (800) - 854-3218
Available at: National Pool Tile (714)-630-2216) (or Agency Approved Equal)
210-2 Pool Skimmer Lids and Equalizer Covers
210-2.1 General
(Add the following to read)
Pool skimmers shall have lock down lids.
Pentair / Swimquip Manufacturer Model # L1RW (Standard) And
Pentair / Swimquip Manufacturer Model # L1RW-SKR built in thermometer gauge with tube and bushing
Color: White
Quantity as shown on the construction plans
Available at: National Pool Tile (714)-630-2216) (or Agency Approved Equal)
,Equalizer covers shall match product number and model of the skimmer
48 SPECIAL PROVISIONS
PART 3
CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
Add the following to read:
300-12 Demolition, Clearing, Removal and Disposal of Materials
300-12.1 Requirements [Add the following]:
In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing / Demolition unless otherwise covered by a specific bid item.
1. Maintain dust control at all times by means of watering during the demolition and construction periods
2. Remove and Dispose offsite all existing swimming pool plaster, concrete around main suction floor drains, precast concrete coping, metal handrails, metal grab rails, recessed pool steps, joint sealant, waterline tiles, water depth tiles, “No Diving” tiles, step tiles, underwater pool lights, PVC fittings for all eye ball, air fill, safety rope anchors, main suction drain / pipe, equalizer drain caps and all other items listed on the construction plans.
3. Protection of all utilities in the construction zone and contractor staging area shall remain and be protected in place.
4. Contractor shall make all repairs that are to be made to be “in-kind” and in new condition. All repairs to the existing systems shall be made in accordance with the Standard Specifications for Public Works Construction, latest edition
5. All materials removed from the site shall be disposed at a licensing dump facility
49 SECTION 301– SITE PREPARATION
Change the following section to read:
The Site Preparation for the site area shall be prepared in conformance with Section 301 of the Standard Specifications and Construction Plans.
Add to sub-section: 301-1.2
The CONTRACTOR shall prepare all items identified the site within the project limit area to remove and dispose offsite all debris and prepare for new swimming pool plaster, (2) two new main suction drains with anti -entrapment drain covers, concrete floor around drains, precast concrete coping, metal handrails, metal grab rails, recessed pool steps, joint sealants, waterline tiles, water depth tiles, “No Diving” tiles, step tiles, underwater pool lights, PVC fittings of slip or threaded eye ball, air fill, safety rope anchors, equalizer drain caps and all other items listed on the construction plans
301-1.3 Existing Concrete Removal around Main Suction Drains
All existing surfaces shall be roughened by chipping to provide pore structure.
All loose, cracked, or deteriorated materials shall be removed and disposed offsite.
Clean all existing surfaces by water blasting
Saturated surface shall be in dry condition prior to applying materials
If reinforcing shows signs of excessive deterioration (rust) cut existing reinforcing 6” past deterioration section and lap with new steel 24” minimum.
Remove and dispose existing concrete shotcrete / gunite to expose steel and lap splice with new
Site shall be inspected by the Agency Representative for review and approval prior to placement of new products
300.2.1 PAYMENT. Replace section with the following:
Payment for “ DEMOLITION, REMOVAL, DISPOSAL & SITE PREPARATION” shall be at the contract LUM SUM PRICE (LS) bid price and shall be considered full compensation for mobilization and furnishing all labor, materials, tools, equipment, and incidentals necessary to accomplish the demolition, removal, disposal and site preparation work complete in place, conforming to the requirements herein, including but not limited to , equipment and materials for transporting, delivering, storing, furnishing and inspection and operation, supervision, air quality dust control measures and all other items necessary to within the limits as shown on the plans , as specified in the Standard Specifications for Public Works Construction latest edition and these Special Provisions, as approved by the AGENCY and no additional compensation will be allowed therefore.
50 SECTION 303 - CONCRETE AND MASONARY CONSTRUCTION
Add the following to read:
303-1.1 General
303-1.2 Concrete
All new concrete for swimming pool floor shall be in conformance with CBC Section 1908 & shall have minimum compressive strength of 4500 psi at 28 days. Type V cement and W/C/ Ratio = 0.45
Concrete shall be in conformance with CBC Section 1904 durability requirements. Aggregate not to exceed ¾” in size.
.
If required by the AGENCY new concrete placement shall be inspected by a special inspector in conformance with CBC Section 1704, who shall submit a statement indicating compliance with the plans and specifications.
303-1.3 Rebar Steel Bonding
Rebar steel shall be placed in both directions and tied to existing reinforcing steel on the pool floor.
All reinforcing steel shall be deformed bars & conform to ASTM A615 Grade 40 for # 3 bars and # 4 bars, splices to be lapped a minimum of 24” minimum clearance between parallel bars is 2 /12”
Bonding/ grounding (per the CEC) of the structural reinforcing must be installed prior to placement of concrete.
Epoxy all new steel rebar to concrete with Simpson Manufacturer Strongtie Set-XP high strength epoxy adhesive. Install per manufacturer specifications (or Agency Approved Equal)
Bonding to existing surfaces must be sound, free of defects, clean, and free of bond inhibiting materials
Add the following section to read:
303-2.0 Swimming Pool Plaster
303-2.1 General [Add the following paragraphs]:
Pool Plaster shall conform to the provisions of the Standard Specifications or herein.
Refer to Construction Plans for swimming pool plaster installation process and procedures
51 303-2.1.1 Finishing
Swimming Pool Plaster shall have a Smooth Finish consistent throughout the floor, steps and sidewalls
[Replace with the following]
303-3.0 Payment
Payment for “CONCRETE & MASONARY CONSTRUCTION” shall be at the contract LUM SUM PRICE (LS) bid price and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to accomplish the new concrete and masonary construction work complete in place, conforming to the requirements herein, including but not limited to, equipment and materials for transporting, delivering, storing, furnishing and inspection and operation, supervision, air quality dust control measures and all other items necessary to within the limits as shown on the plans, as specified in the Standard Specifications for Public Works Construction latest edition and these Special Provisions, as approved by the AGENCY and no additional compensation will be allowed therefore.
[Change this section to]:
SECTION 303 – PRECAST CONCRETE COPING
303-4.0 General
Furnish, Install and Secure new precast concrete coping on top of the swimming pool bond beam throughout per manufacturer specifications.
Location and Quantities are shown on the Construction Plans
Prior to all work of this section, the Contractor shall verify and ensure that all other related plaster and tile work is complete to the point where this installation may properly commence.
The Contractor shall, upon discovering any discrepancies between the Plans and Specifications and the manufacturer's installation requirements, recommendations, details, and restrictions, immediately inform the Landscape Architect of such discrepancy. Work shall not commence or progress on any such item without approval of the Agency Representative
[Replace with the following]
303-4.1 Payment
Payment for “PRECAST CONCRETE COPING” shall be at the contract EACH PRICE (EA) bid price and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to accomplish the new precast concrete coping work complete in place, conforming to the requirements herein, including but not limited to, equipment and materials for transporting, delivering, storing, furnishing and inspection and operation, supervision, air quality dust control measures and all other items necessary to within the limits as shown on the plans, as specified in the Standard Specifications for Public Works Construction latest edition and these Special Provisions, as approved by the AGENCY and no additional compensation will be allowed therefore.
[Change this section to]:
SECTION 303 – PORCELIAN TILES
52 303-4.0 General
Furnish, Install, Secure and Grout all porcelain tiles for swimming pool water line, interior pool steps, water depth and “No Diving” per Construction Documents.
Location and Quantities are shown on the Construction Plans
Prior to all work of this section, the Contractor shall verify and ensure that all other related plaster and precast concrete bullnose coping work is complete to the point where this installation may properly commence.
The Contractor shall, upon discovering any discrepancies between the Plans and Specifications and the manufacturer's installation requirements, recommendations, details, and restrictions, immediately inform the Landscape Architect of such discrepancy. Work shall not commence or progress on any such item without approval of the Agency Representative
[Replace with the following]
303-4.1 Payment
Payment for “PORCELIAN TILE” shall be at the contract LUM SUM PRICE (LS) bid price and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to accomplish the new porcelain tile work complete in place, conforming to the requirements herein, including but not limited to , equipment and materials for transporting, delivering, storing, furnishing and inspection and operation, supervision, air quality dust control measures and all other items necessary to within the limits as shown on the plans, as specified in the Standard Specifications for Public Works Construction latest edition and these Special Provisions, as approved by the AGENCY and no additional compensation will be allowed therefore.
[Change this section to]:
SECTION 303-5 – CONCRETE EXPANSION JOINTS
303-5.4.1 General [Add the following paragraphs]:
Furnish and Install Deck-O-Seal joint compound product, foam backer rod and clean washed masonry sand per Construction Documents and Manufacturer Specifications.
303-5.4.2 Expansion Joints [The second paragraph is modified as follows]:
The expansion joints consisting of pre-molded Expansion Joint Filler (Bituminous Fiber Type), straight and shall be 1/4-inch in width and shall be installed on all concrete work as specified below:
1. Between existing concrete pool deck paving and new precast concrete coping
2. Add clean washed sand 1/4“depth thickness within the joint as well top layer to create texture
3. Contractor shall lightly sprinkle clean washed sand on top to create a light texture to the expansion joint.
53 4. The CONTRACTOR shall repair and clean, at his own expense, all concrete damaged or discolored or texture finish during construction at the discretion of the Agency Representative.
303-5.9 Payment [Replace with the following]
Payment for “EXPANSION JOINT SEALANT” shall be at the contract LUM SUM PRICE (LS) bid price and shall be considered full compensation for furnishing all labor, materia ls, tools, equipment, and incidentals necessary to accomplish the new expansion joint sealant work complete in place, conforming to the requirements herein, including but not limited to , equipment and materials for transporting, delivering, storing, furnis hing and inspection and operation, supervision, air quality dust control measures and all other items necessary to within the limits as shown on the plans, as specified in the Standard Specifications for Public Works Construction latest edition and these Special Provisions, as approved by the AGENCY and no additional compensation will be allowed therefore.
SECTION 304 – METAL FABRICATION AND CONSTRUCTION
304-1 Metal Handrails and Grab Rails
Change the following to read:
All stainless steel metal handrails and grab rails shall be fabricated and be continuous, securely anchored and ground bonded with copper wire per the Construction Plans, details, notes, manufacturer specifications and all State and Local code requirements.
All work and materials s hall conform to the latest edition of amendments thereto of the following Codes where specified.
National Electrical Code, 2022 Edition (CEC).
National Electrical Manufacturer's Association (NEMA). Underwriter's Laboratories, Inc. (UL).
Requirements of the serving utility companies.
Standard Specifications for Public Works, latest edition (Herein referred to as "Standard Specifications")
Install stainless steel escutcheons on all metal hand rail and grab rail posts base.
Contractor shall provide AGENCY for review and approval shop drawings of all metal handrail, grab rail connections prior to fabrication.
304.1.1 Payment [Replace with the following]
Payment for “METAL HANDRAILS AND GRAB RAILS” shall be at the contract EACH PRICE (EA) bid price and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to accomplish the new metal handrail and Grab Rail escutcheons, anchor socket, copper wire bonding, anchor footings work complete in place, conforming to the requirements herein, including but not limited to, equipment and materials for transporting, delivering, storing, furnishing and inspection
54 and operation, supervision and all other items necessary to within the limits as shown on the plans, as specified in the Standard Specifications for Public Works Construction latest edition and these Special Provisions, as approved by the AGENCY and no additional compensation will be allowed therefore.
SECTION 311 – PVC PRESSURE PIPE, FITTINGS & MATERIALS
311-1.1 General
Add the following to read:
Furnish, Install and Secure all new PVC piping and slip and / or threaded wall fittings with screws necessary for the swimming pool main circulation outlets (“T”) fitting, anti-entrapment drains, piping, circulation drains, auto fill, return lines, safety rope anchors, air-lines and skimmer equalizer wall drain covers as indicated on the Construction Plans and per Manufacturer Specifications as well as Local and California Health Department Codes and Requirements
Submit manufacturer's product and installation instructions.
Change Section to read:
311-1.2.2 Pool Ladder Steps
311-1.2.3 General
(Add the following to read)
The scope of work for this item is for the Contractor to furnish, deliver and install all components necessary for the recessed pool steps according to the manufacturer’s specifications and as indicated on the construction plans, including all appurtenances and accessories as required for a full and complete installation.
Furnish, Install and Secure all new PVC piping and slip and / or threaded wall fittings with screws necessary for the swimming pool recessed steps inside pool as indicated on the Construction Plans and per Manufacturer Specifications as well as Local and California Health Department Codes and Requirements
311-1.2.4 Pool Skimmer Lids and Equalizer Covers
311-1.2.4.1 General
(Add the following to read)
Pool skimmers shall be installed at locations shown on the Construction Plans and per Manufacturer Specifications
Furnish and Install all new PVC piping and slip and / or threaded wall fittings with screws necessary for the swimming pool skimmer lids as indicated on the construction plans per manufacturer specifications as well as building and California Health Department Codes and Requirements
311-2 Payment [Replace with the following]
55 Payment for “PVC PRESSURE PIPE, FITTINGS & MATERIALS” shall be at the contract LUMP SUM PRICE (LS) bid price and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to accomplish the new PVC pipe, fitt ings, drains, pool ladder steps, skimmer lids work complete in place, conforming to the requirements herein, including but not limited to , equipment and materials for transporting, delivering, storing, furnishing and inspection and operation, supervision and all other items necessary to within the limits as shown on the plans, as specified in the Standard Specifications for Public Works Construction latest edition and these Special Provisions, as approved by the AGENCY and no additional compensation will be allowed therefore.
[Add the following Section]:
SECTION 315 – ELECTRICAL
315-1 Execution
315-1.1 General
All work and materials shall conform to the latest edition of amendments thereto of the following Codes where specified.
National Electrical Code, 2022 Edition (CEC).
National Electrical Manufacturer's Association (NEMA). Underwriter's Laboratories, Inc. (UL).
Requirements of the serving utility companies.
Standard Specifications for Public Works, latest edition (Herein referred to as "Standard Specifications")
315.1.2 Description
General: Contractor shall furnish and install all materials, labor and equipment necessary for complete and working electrical systems as noted and per all electrical local and state code requirements. Obtain all necessary permits and building department inspections.
a. Furnish and Install Four (4) new 120V underwater pool lights Manufacturer Pentair Commercial Grade LED 31 Watt / 500 Watt equivalents Intellibrite Architectural Series. White pool light with 30’ cord length.
Model # 602178 with face ring assembly (or AGENCY Approved Equal)
b. All underwater light fixtures shall be installed per manufacturer specifications
c. Electrical Conduit and connections.
d. Misc. Items:
Fittings: Furnish and install all fittings and special devices necessary for proper installation, connection and operation of the system.
Metal “J” Boxes and face plates
Bore under existing walks and / or grass areas where possible.
56 Repair all damage to all existing improvements caused by this work including concrete pilasters, metal “J” boxes, face plates and grass
e. Approval Prior to Delivery: No materials or equipment shall be delivered to the job site prior to the Agency Representative's approval. f. Installation Standards: All materials and equipment shall be installed in a secure, neat and workmanlike manner by competent workers in conformance with the requirements of the NECA "Manual of Good Workmanship," and any item not so installed shall be corrected to meet the complete approval of the City Inspector
g. Diagrammatic Plans: The construction plans indicate the general locations of the light fixtures. It shall be the responsibility of Contractor to locate fixtures and existing junction boxes for light cable connections. Install all of the Work to conform to specific conditions found on the site.
h. Verification of Dimensions and Locations: Before proceeding with any work, Contractor shall carefully check and verify all locations and dimensions of equipment at the site. Provide site investigation and excavation as required to verify the exact locations of existing underground conduits and wires to be intercepted.
.
315-1.3 Repair of Disturbed Existing Conditions
Contractor shall restore all park features, tree and shrub plantings, grass, irrigation system, concrete paving curb and gutters, decomposed granite pathway that are damaged or cut as a result of Contractor's electrical operations. Repairs shall be made “in kind” and new condition.
Repairs shall be made in accordance with the Standard Specifications for Public Works Construction, latest edition.
315-1.4 Payment [Replace with the following]
Payment for “UNDERWATER LIGHTS AND METAL RING SURROUND” shall be at the contract EACH PRICE (EA) bid price and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to accomplish the new underwater light fixtures with metal ring surround work comp lete in place, conforming to the requirements herein, including but not limited to , equipment and materials for transporting, delivering, storing, furnishing and inspection and operation, supervision and all other items necessary to within the limits as sh own on the plans, as specified in the Standard Specifications for Public Works Construction latest edition and these Special Provisions, as approved by the AGENCY and no additional compensation will be allowed therefore.
SECTION 316- 1
High Power Wash Concrete and Cleanup
316-1.1 General
(Add the following to read)
57 Upon completion of the project and Agency Representative sign off and acceptance approval, the Contractor shall be responsible to high power wash existing concrete paving inside the swimming pool fence as well as concrete paving outside main entry/ exit gate next to the building (35’w x 30’l) area. As well as all other areas cause by disturbance during the demolition and construction periods. See Construction Plans for additional notes
316-1.1.1 Payment [Replace with the following]
Payment for “HIGH POWER WASH CONCRETE AND CLEANUP” shall be at the contract LUMP SUM PRICE (LS) bid price and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to accomplish the high pressure wash and cleanup work complete in place, conforming to the requirements herein, including but not limited to, equipment and materials for transporting, delivering, storing, furnishing and inspection and operation, supervision and all other items necessary to within the limits as shown on the plans, as specified in the Standard Specifications for Public Works Construction latest edition and these Special Provisions, as approved by the AGENCY and no additional compensation will be allowed therefore.
SECTION 316 –2 SWIMMING POOL START-UP PROCESS
316-2.1 General
(Add the following to read)
Upon completion of the project and Agency Representative sign off and acceptance approval, the Contractor shall be responsible to “Start –Up” by means of maintaining, cleaning, test and provide all chemical products and materials for the swimming pool for a period of 30 (Thirty) Calendar Days. See Construction Plans for general guidelines and procedures
316-2.1.1 Payment [Replace with the following]
Payment for “SWIMMING POOL START-UP PROCESS” shall be at the contract LUMP SUM PRICE (LS) bid price and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to accomplish the swimming pool start -up process work complete in place, conforming to the requirements herein, including but not limited to , equipment and materials for transporting, delivering, storing, furnishing and inspection and operation, supervision and all other items necessary to within the limits as shown on the plans, as specified in the Standard Specifications for Public Works Construction latest edition and these Special Provisions, as approved by the AGENCY and no additional compensation will be allowed therefore.
58 SPECIAL PROVISIONS
PART 4
EXISTING IMPROVEMENTS
SECTION 400-PROTECTION AND RESTORATION
400-1 General
Add the following paragraphs to the subsection:
The CONTRACTOR and AGENCY REPRESENTATIVE to shall meet onsite and review all existing site conditions
Existing building structure, shade structure, metal seating bleachers, pool mechanical pumps, piping and electrical control systems are to remain. Protect in Place.
All existing metal fencing and gate are to remain. Protect in Place.
All existing light poles, fixtures, electrical conduits, underground utility boxes are to remain. Protect in Place
All existing concrete paving, curb and gutters, decomposed granite pathway shall remain noted on plans to remain. Protect in Place.
Existing irrigation remote control valves, valve boxes / covers, mainline, lateral lines and pop-up rotor heads are to remain. Protect in Place.
All existing trees, shrubs and grass are to remain. Protect in Place.
All replaced grass shal l be replaced with established Bermuda Sod. Seed will not be allowed.
Any removed and / or damaged to the items listed above shall be replaced “in kind” with the same materials, model / part number, equipment, size, species and variety type.
All existing site features that are damaged shall be replaced with new “in kind” at the expense of the CONTRACTOR; building structure, shade structure, pool shell, steps all above and below ground utilities, pool pumps, mechanical piping and electrical operational equipment and devices, drainage pipe, pull boxes, electrical conduits, lights, in-ground vault / valve boxes, concrete paving, metal fence and gate, concrete paving, curbs and gutters, decomposed granite pathway, irrigation system, trees, shrubs and grass shall be the responsibility of the CONTRACTOR for providing all labor, materials, tools, equipment and incidentals involved in doing the work and protecting in place per the Plans, these Specifications, as directed by the CITY REPRESENTATIVE, and no additional compensation will be allowed therefore.
59 SPECIAL PROVISIONS
PART 9
COMPLETION AND ACCEPTANCE
Upon receipt of the Contractor's written assertion that the work has been completed, the AGENCY REPRESENTATIVE or his authorized representative will inspect the work for acceptance.
Because of the subsequent inspection, a "punch list" shall be prepared by the AGENCY REPRESENTATIVE and submitted to the Contractor for compliance and/or repair.
The project is considered certifiable for completion and acceptance wh en all liens and/or claims for labor, materials, tools and equipment have 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, with acceptable workm anship; when all repairs to damaged existing utilities, appurtenances and improvements have been completed and accepted by the respective owners; when all USA markings have been removed; and when the project site and all areas occupied by the Contractors are left in a neat and presentable condition. All corrections noted in the "punch list" must be approved and accepted by the AGENCY REPRESENTATIVE.
The contractor shall submit as -built plans to the AGENCY REPRESENTATIVE before the final acceptance of the project and to end the contract working days.
If, in the AGENCY REPRESENTATIVE's judgment, the work has been completed and is ready for acceptance, he/she will so certify to the City Council, which will accept the completed work.
The AGENCY REPRESENTATIVE will, in his/her certification, give the date when the work was completed. This will be the date when the Contractor is relieved from responsibility to protect the work and the end of assessment of liquidated damages. Retention shall be released after the Notice of Completion is recorded by the County Recorder.
Full compensation for conforming to the requirements of this article shall be considered as included in the Contract bid prices for the various items of work, and no separate payment will be allowed therefore.