Sacramento City Council
January 18, 2022

Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00031 January 18, 2022 Consent Item 10
Title: Suspension of Competitive Bidding and Awarding Contract for Johnston Pool Resurfacing Project (L19706500) (Two-Thirds Vote Required) Location: 231 Eleanor Drive, District 2
Recommendation: Pass a Motion: 1) rejecting the one bid for Johnston Pool Resurfacing Project and suspending competitive bidding; 2) approving the plans and specifications for the Johnston Pool Resurfacing Project (L19706500); 3) awarding the Johnston Pool Resurfacing Project contract to Advanced Pool Coatings in the amount of $316,727; and 4) authorizing the City Manager or the City Manager’s designee to execute the contract.

Contact: Kevin Love, Program Manager (916) 808-5592, [email protected], Department of Public Works; Jackie Beecham, Recreation Manager, (916) 808-3818, [email protected], Department of Youth, Parks & Community Enrichment.

Presenter: None
Attachments:
1-Description/Analysis
2-Contract

File ID: 2022-00031 Consent Item 10
January 18, 2022
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City of Sacramento
Description/Analysis
Issue Detail: The Youth, Parks, & Community Enrichment Department (YPCE) is responsible for the operation of 12 public swimming pools and five wading pools located throughout the City of Sacramento. The existing fiberglass finish at the Johnston Pool (located at 231 Eleanor Drive) has reached its useful life cycle and it is recommended that it be replaced as soon as possible. The improvements to restore the pool surface back to its original or better condition will consist of providing labor, material, and equipment to remove the existing fiberglass liner and expansion joints down to the concrete surface to prevent water intrusion. The pool will be resurfaced with a fiberglass lining and other related accessories including the required permits necessary to the complete the project.

On August 26, 2021, YPCE issued Invitation for Bid (IFB) No. B22191521002 for the 2021 Johnston Pool Resurfacing Project. Advanced Pool Coatings was the only bidder, and its bid at $473,261 was substantially higher than the engineer’s estimate due to fluctuating material costs related to COVID-19 and the availability of specialized labor to perform the fiberglass resurfacing. The engineer’s estimate for the project was $231,750
YPCE recommends that instead of reissuing the IFB, awarding the contract to Advanced Pool Coatings with a revised scope of work in the amount of $316,727.

Because Advanced Pool Coatings was the only bidder, rejecting its bid and negotiating the changes to the project scope for the recommended contract will not disadvantage any other bidder. This action will allow for the work to be completed prior to the start of the 2022 swim season. Staff and the contractor have negotiated changes to the project scope to better align with the available project funds. Work that is traditionally not performed by a fiberglass resurfacing contractor, such as the removal and replacement of the failed expansion joints, can be eliminated from the project and performed by an on-call contractor, thus saving money and time while expediting the delivery of the project.

Policy Considerations: The recommendations in this report are in accordance with City Code Section 3.60.170 which allows for rejection of the bid and awarding the contract with the revised scope of work by suspending competitive bidding.

Economic Impacts: This pool maintenance project, which totals $316,727, is expected to create 2.34 total jobs (1.49 direct jobs and 0.86 additional jobs through indirect and induced activities). Furthermore, it will create $309,291 in total economic output ($198,264 of direct output and another $111,027 of output through indirect and induced activities).

File ID: 2022-00031 Consent Item 10
January 18, 2022
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City of Sacramento
The indicated economic impacts are estimates calculated using a calculation tool developed by the Center for Strategic Economic Research (CSER). CSER utilized the IMPLAN input- output model (2009 coefficients) to quantify the economic impacts of a hypothetical $1 million of spending in various construction categories within the City of Sacramento in an average one-year period. Actual impacts could differ significantly from the estimates and neither the City of Sacramento nor CSER shall be held responsible for consequences resulting from such differences.

Environmental Considerations:

California Environmental Quality Act (CEQA): The recommended action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301. The recommended project involves the repair of an existing public structure with no expansion of use beyond the previously existing level of use. The overall footprint of the pool facility will remain exactly as it existsnow.

Sustainability: None
Commission/Committee Action: Not applicable
Rationale for Recommendation: The purpose of this project is to restore the Johnston Park swimming pool fiberglass surface back to its original or better condition prior to the start of the 2022 swim season. The existing fiberglass finish has reached the end of its useful life cycle and it is recommended that it be replaced as soon as possible in order to comply with the County Department of Public Health and Safety regulations and permits.

On August 26, 2021, the Department of Youth, Parks, & Community Enrichment issued Invitation for Bid (IFB) No. B22191521002 for the 2021 Johnston Pool Resurfacing Project. Staff received one bid proposal despite numerous attempts to solicit the participation of three other specialized fiberglass resurfacing contractors. Two of the four fiberglass resurfacing contractors reside and operate outside of the Sacramento area and thus they declined to bid on the pool resurfacing project.

The number of fiberglass pool resurfacing contractors within the northern California region has steadily declined and thus it’s becoming more difficult to find responsive, responsible qualified contractors to perform fiberglass resurfacing for the City pools.

File ID: 2022-00031 Consent Item 10
January 18, 2022
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City of Sacramento
To expedite the deferred maintenance repairs and to ensure the opening of Johnston Pool for the 2022 summer swim season, the Department of Youth, Parks, & Community Enrichment is recommending that the City Council reject the bid received and suspend competitive bidding and approve the contract with the one bidder Advanced Pool Coatings based on a revised scope for $316,727. Work is anticipated to begin onsite in February of 2022 with completion by May of 2022.

Financial Considerations: There is sufficient Measure U funding (Fund 2401) in the Citywide Pool Assessment and Repairs Program (L19706500) to award the contract to Advanced Pool Coatings in an amount of $316,727 and cover the remaining project costs.

Local Business Enterprise (LBE): Advanced Pool Coatings is not an LBE, but has partnered with subcontractors Dave Gross Enterprises, Inc. dba Adams Pool Specialties, Sacramento Prestige Gunite and NCE Enterprises, Inc., dba National Concrete Cutting Company, to exceed the LBE requirement. SacramentoPrestige Gunite and NCE Enterprises, Inc. will provide concrete Gunite services, and NCE Enterprises, Inc, dba National Concrete Cutting Company will provide saw cutting services.

Form approved by City Attorney 1-11-17 1

AGREEMENT
(Construction Contract Over $25,000)
THIS AGREEMENT, dated for identification January 18, 2022, is made and entered into between the CITY OF SACRAMENTO, a municipal corporation (“City”), and ADVANCED POOL COATINGS(“Contractor”) in the amount of THREE HUNDRED SIXTEEN THOUNSAND SEVEN HUNDRED TWENTY-SEVEN DOLLARS AND ZERO CENTS ($316,727.00).

The City and Contractor hereby mutually agree as follows:

1. CONTRACT DOCUMENTS
The Contract Documents, sometimes also referred to as the “Contract,” consist of the following items, which are hereby incorporated by reference as if set forth in full in this Agreement:

Notice to Contractors
Proposal Form submitted by the Contractor
Instructions to Bidders
Subcontractor and Local Business Enterprise Participation Form Drug-Free Workplace Policy and Affidavit
Construction and Demolition (C&D) Debris Recycling Requirements Labor Compliance Requirements
Workers’ Compensation Insurance Certification
Federal or State funding requirements (if applicable)
Local Business Enterprise (LBE) Requirements
Requirements of the Non-Discrimination in Employee Benefits Code Ban-The-Box Requirements
Notice Regarding Assembly Bill 626
Addenda, if any
This Agreement
Standard Specifications
Special Provisions
Plans and Technical Specifications
The drawings and other data and all developments thereof prepared by City pursuant to the Contract
Any modifications of any of the foregoing made or approved by City, including but not limited to duly authorized change orders
Unless specifically noted otherwise, references to the “Standard Specifications” shall mean and refer to the Standard Specifications for Public Construction of the City of Sacramento approved by the Sacramento City Council on June 4, 2007 (Resolution No. 2007-350), and any subsequent amendments thereto approved by the Sacramento City Council or the Sacramento City Manager. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained in the Contract Documents are provided solely to facilitate reference to various provisions of the Contract Page

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Documents and in no way affect or limit the interpretation of the provisions to which they refer.

2. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement.

3. AGREEMENT CONTROLS
In the event of a conflict between any of the terms and conditions set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail, except that the provisions of any duly authorized change order shall prevail over any conflicting provisions of this Agreement.

4. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, material and transportation necessary to perform and complete in a good and workmanlike manner to the satisfaction of City, all the Work called for in the Contract Documents entitled:

Johnston Pool Resurfacing
PN: L19706503, Bid #B22191521002
__________________________________________________________________________ Contractor agrees to perform such Work in the manner designated in and in strict conformity with the Contract Documents.

5. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, as complete payment for the above Work, in accordance with the schedule and procedures set forth in the Contract Documents and subject to deductions, withholdings and additions as specified in the Contract Documents, a total sum that shall not exceed the total bid amount set forth in Contractor’s Proposal Form. In addition, subject to deductions, withholdings and additions as specified in the Contract Documents, payment for individual items of the Work shall be computed as follows:

A. For items of the Work for which a lump sum price is specified in Contractor’s Proposal Form, Contractor shall be paid the lump sum price(s) specified in Contractor’s Proposal Form; and
B. For items of the Work for which a unit price is specified in Contractor’s Proposal Form, Contractor shall be paid the sum computed at such unit price, or computed at a different price if such different price is determined by City in accordance with the Standard Specifications, based on the actual amount of each such item performed Page

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and/or furnished and incorporated in the Work; provided that in no event shall the total sum for a unit price item exceed the total bid amount set forth for such item in the Contractor’s Proposal Form, unless authorized by Change Order.

6. PROGRESS PAYMENTS
Subject to the terms and conditions of the Contract, City shall cause payments to be made upon demand of Contractor as follows:

A. On or about the first of the month, the Engineer shall present to the Contractor a statement showing the amount of labor and materials incorporated in the Work through the twentieth (20) calendar day of the preceding month. After both Contractor and Engineer approve the statement in writing, and the City’s labor compliance officer provides written approval, the City shall issue a certificate for ninety-five (95) percent of the amount it shall find to be due, subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations.

B. No inaccuracy or error in said monthly estimates shall operate to release Contractor from damages arising from such Work or from enforcement of each and every provision of the Contract Documents, and City shall have the right subsequently to correct any error made in any estimate for payment.

C. Contractor shall not be paid for any defective or improper Work.

D. The remaining five (5) percent of the value of the Work performed under the Contract, if unencumbered and subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations, shall be released not later than sixty (60) days after completion and final acceptance of the Work by City. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising under the Contract Documents, except for disputed claims in stated amounts that the Contractor specifically reserves in writing, but only to the extent that the Contractor has complied with all procedures and requirements applicable to the presentation and processing of such claim(s) under the Contract Documents. Contractor shall be entitled to substitute securities for retention or to direct that payments of retention be made into escrow, as provided in Public Contract Code Section 22300, upon execution of the City’s Escrow Agreement for Security Deposits in Lieu of Retention.

E. The parties agree that, for purposes of the timely progress payment requirements specified in Public Contract Code Section 20104.50, the date that the City receives a statement jointly approved by the Contractor and the Engineer as provided above shall be deemed to constitute the date that City receives an undisputed and properly submitted payment request from the Contractor. Progress payments not made within 30 days after this date may be subject to payment of interest as provided in Public Contract Code Section 20104.50.

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F. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.

7. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this Contract or any applicable Laws or Regulations, City is authorized or required to withhold, deduct or charge any sum of money against Contractor, City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate(s), or from any other moneys due or that may become due Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges, City shall have the right to recover the balance from Contractor or its Sureties.

8. COMMENCEMENT AND PROSECUTION OF WORK
Contractor shall commence the Work not later than fifteen (15) working days after the date of the written Notice to Proceed from City to Contractor and shall diligently prosecute the Work to final completion. The phase “commence the Work” means to engage in a continuous program on-site including, but not limited to, site clearance, grading, dredging, land filling and the fabrications, erection, or installation of the Work. The Notice to Proceed shall be issued within fifteen (15) calendar days following execution of the Agreement by the City and the filing by Contractor of the required Bonds and proof of insurance, provided that the Engineer may delay issuance of the Notice to Proceed if the Engineer determines in the Engineer’s sole discretion that conditions on the site of the Work are unsuitable for commencement of the Work. After the Notice to Proceed is issued, the continuous prosecution of Work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.

9. TIME OF COMPLETION
The entire Work shall be brought to completion in the manner provided for in the Contract Documents on or before May 2, 2022 from the date of the Notice to Proceed (hereinafter called the “Completion Date”) unless extensions of time are granted in accordance with the Contract Documents.

Failure to complete the entire Work by the Completion Date and in the manner provided for in the Contract Documents shall subject Contractor to liquidated damages as provided in this Agreement. Time is and shall be of the essence in the performance of the Contract and the Work.

10. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK
The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the Work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, whether or not the Page

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unsatisfactory character of such work or material was apparent or detected at the time such payment was made.

11. ACCEPTANCE NOT RELEASE
Contractor shall correct immediately any defective or imperfect work or materials that may be discovered before final acceptance of the entire Work, whether or not such defect or imperfection was previously noticed or identified by the City. The inspection of the Work, or any part thereof, shall not relieve Contractor of any of its obligations to perform satisfactory work as herein specified.

Failure or neglect on the part of City or any of its officers, employees or authorized agents to discover, identify, condemn or reject defective or imperfect work or materials shall not be construed to imply an acceptance of such work or materials, if such defect or imperfection becomes evident at any time prior to final acceptance of the entire Work, nor shall such failure or neglect be construed as barring City from enforcing Contractor’s warranty(ies) or otherwise recovering damages or such a sum of money as may be required to repair or rebuild the defective or imperfect work or materials whenever City may discover the same, subject only to any statutes of limitation that may apply to any such claim.

12. CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART The City shall have the right at any time to enter upon the Work and perform work not covered by this Contract, or to occupy and use a portion of the Work, prior to the date of the final acceptance of the Work as a whole, without in any way relieving Contractor of any obligations under this Contract.

13. NO WAIVER OF REMEDIES
Neither the inspection by City, its officers, employees or agents, nor any certificate or other approval for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City, its officers, employees or its agents shall operate as a waiver of any provision of the Contract Documents nor of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in the Contract Documents shall be taken and construed as cumulative; in addition to each and every other remedy herein provided, the City shall have any and all equitable and legal remedies that it would in any case have.

14. WARRANTY
Except as otherwise expressly provided in the Contract Documents, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all Work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the Work, or otherwise Page

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provided as a part of the Work pursuant to the Contract, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire Work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City.

In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City.

In addition to the above, the Contractor shall make a written assignment of all manufacturer’s and other product warranties to the City, prior to completion and final acceptance of the Work by City.

The Contractor’s Performance Bond shall secure the performance of the Contractor’s obligations under this Section 14, and the Contractor and its Surety shall be jointly and severally liable for these obligations.

15. LIQUIDATED DAMAGES IF WORK NOT COMPLETED ON TIME
A. The actual fact of the occurrence of damages and the actual amount of the damages that City would suffer if the entire Work, and/or any specified portion thereof, were not completed within the time(s) specified herein are dependent upon many circumstances and conditions that could prevail in various combinations, and for this reason, it is impracticable and extremely difficult to fix the actual damages.

Damages that City would suffer in the event of such delay include: loss of the use of the project; expenses of prolonged assignment to the project of an architectural and/or engineering staff; prolonged costs of administration, inspection, and supervision; increased operational expenses and/or impaired operation of other facilities dependent upon completion of the project; and the loss and inconvenience suffered by the public within the City of Sacramento by reason of the delay in the completion of the project or portion thereof. Accordingly, the parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the amount(s) set forth herein as liquidated damages reflect the parties’ best efforts at the time of entering into the Contract to estimate the damages that may be incurred by City and the public due to the Contractor’s delay in completion of the Work and/or any specified portion thereof, and shall be presumed to be the Page

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amount of damages sustained by the failure of Contractor to complete the entire Work and/or any specified portion thereof within the time(s) specified herein.

B. Contractor shall pay liquidated damages to City for failure to complete the entire Work by the Completion Date (as extended in accordance with the Contract Documents, if applicable) in the amount of $1,000.00 for each calendar day after the Completion Date (as extended in accordance with the Contract Documents, if applicable), continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the City and Contractor as the loss to City and the public resulting from Contractor's default.

The parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the foregoing provisions provide for the imposition of liquidated damages from the Completion Date (as extended in accordance with the Contract Documents, if applicable) until the date of completion of the entire Work as determined by the Engineer in accordance with Section 8-4 of the Standard Specifications, whether or not the Work or any portion thereof is claimed or determined to be substantially complete prior to such date of completion.

C. In the event Contractor shall become liable for liquidated damages, City, in addition to all other remedies provided by law, shall have the right to withhold any and all payments that otherwise would be or become due Contractor until the liability of Contractor under this section is finally determined. City shall have the right to use and apply such payments, in whole or in part, to reimburse City for all liquidated damages due or to become due to City. Any remaining balance of such payments shall be paid to Contractor only after discharge in full of all liability incurred by Contractor under this section or otherwise under any provision of the Contract Documents or any applicable Law or Regulation. If the sum so retained by City is not sufficient to discharge all such liabilities of Contractor, Contractor shall continue to remain liable to City until all such liabilities are satisfied in full. No failure by City to withhold any payment as specified above shall in any manner be construed to constitute a release of any such liabilities nor a waiver of the City’s right to withhold payment for such liabilities.

16. INDEMNITY AND HOLD HARMLESS
A. Contractor shall defend, hold harmless and indemnify the City, its officers, employees, and agents, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the Work, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, Page

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arising out of or in any way connected with performance of or failure to perform the Work by the Contractor, any subcontractor or agent, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder, or (ii) such Liabilities are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from (i) the sole negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, or (ii) the active negligence of City.

B. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 16, nor shall the limits of such insurance limit the liability of Contractor hereunder. The provisions of this Section 16 shall survive any expiration or termination of the Contract.

17. CONTRACTOR SHALL ASSUME RISKS
Until the completion and final acceptance by City of all Work under this Contract, the Work shall be under Contractor's responsible care and charge, and Contractor, at no cost to City, shall rebuild, repair, restore and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the Work.

18. GENERAL LIABILITY OF CONTRACTOR
Except as otherwise herein expressly stipulated, Contractor shall perform all the Work and furnish all the labor, materials, tools, equipment, apparatus, facilities, transportation, power and light, and appliances, necessary or proper for performing and completing the Work herein required in the manner and within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be solely for the purpose of explanation.

19. INSURANCE
During the entire term of the Contract, Contractor shall maintain the insurance coverage described in this Section 19.

Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Work performed by Contractor under this Contract. No additional compensation will be provided for Contractor’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.

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It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.

A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Contractor and its subcontractors, products and completed operations of Contractor and its subcontractors, and premises owned, leased, or used by Contractor and its subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
(2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than one million dollars ($1,000,000) per accident. The policy shall provide coverage for owned, non-owned, and/or hired autos as appropriate to the operations of the Contractor.

No automobile liability insurance shall be required if Contractor completes the following certification:
“I certify that a motor vehicle will not be used in the performance of any work or services under this agreement.” ________ (Contractor initials)
(3) Excess Insurance: The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall apply on a primary basis for the benefit of the CITY, and any insurance or selfinsurance maintained by CITY, its officials, employees, or volunteers shall be in excess of such umbrella or excess coverage and shall not contribute with it.
(4) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars Page

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($1,000,000). The Workers’ Compensation policy shall include a waiver of subrogation in favor of the City.

No Workers’ Compensation insurance shall be required if Contractor completes the following certification:
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________
(Contractor initials)
B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and its subcontractors; products and completed operations of Contractor and its subcontractors; and premises owned, leased, or used by Contractor and its subcontractors. (2) Automobile Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Contractor’s insurance coverage, including excess insurance, shall be primary insurance as respects City, its officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees, or volunteers. (3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.

D. Acceptability of Insurance
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Insurance shall be placed with insurers with a Bests’ rating of not less than A:VI.

Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 3 must be declared to and approved by the City in writing prior to execution of this Contract.

E. Verification of Coverage
(1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
(2) For all insurance policy renewals during the term of this Contract, Contractor shall send insurance certificates reflecting the policy renewals directly to:

City of Sacramento
c/o EXIGIS LLC
P.O. Box 4668 ECM- #35050
New York, NY 10168-4668
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]
(3) The City may withdraw its offer of contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contract. The City may withhold payments to Contractor or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.

F. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subsection A, above.

20. FAILURE TO MAINTAIN BONDS OR INSURANCE
If, at any time during the performance of this Contract, Contractor fails to maintain any item of the bonds and/or insurance required under the Contract in full force and effect, Contractor shall immediately suspend all work under the Contract and notify City in writing of such failure. After such notice is provided, or if City discovers such failure and notifies Page

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Contractor, the City thereafter may withhold all Contract payments due or that become due until notice is received by City that such bonds and/or insurance have been restored in full force and effect and that the premiums therefor have been paid for a period satisfactory to the Division of Risk Management. Contractor shall not resume work until notified by City to do so, and the City shall have no responsibility or liability for any costs incurred by Contractor as a result of such suspension of Work.

In addition to the foregoing, any failure to maintain any item of the required bonds and/or insurance at any time during the performance of this Contract will be sufficient cause for termination of the Contract by City.

The Contractor shall be solely responsible for, and shall defend, indemnify and hold harmless the City, its officers, employees and agents against and from, any and all damages, claims, losses, actions, costs or other expenses of any kind incurred by any party as a direct or indirect result of any suspension of Work or termination of the Contract under the provisions of this Section.

21. EXCUSABLE DELAYS
For the purpose of these Contract Documents, the term "Excusable Delay" shall mean, and is limited to, delay caused directly by: acts of God; acts of a public enemy; fires; inclement weather as determined by the Engineer; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privileges established for the manufacture, assemble, or allotment of materials necessary in the Work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the Work ordered by City insofar as they necessarily require additional time in which to complete the Work; the prevention of Contractor from commencing or prosecuting the Work because of the acts of others, excepting Contractor's subcontractors or suppliers; or the prevention of Contractor from commencing or prosecuting the Work because of a Citywide failure of public utility service.

The term "Excusable Delay" shall specifically not include: (i) any delay that could have been avoided by the exercise of care, prudence, foresight and diligence on the part of Contractor; (ii) any delay in the prosecution of any part of the Work that does not constitute a Controlling Operation, whether or not such delay is unavoidable; (iii) any reasonable delay resulting from time required by City for review of any Contractor submittals and for the making of surveys, measurements and inspection; and, (iv) any delay arising from an interruption in the prosecution of the Work on account of reasonable interference by other Contractors employed by City that does not necessarily prevent the completion of the entire Work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as determined by City) and shall not under any circumstances increase the amount City is required to pay Contractor except as otherwise provided in these Contract Documents.

22. CONTRACTOR TO SERVE NOTICE OF DELAYS
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Whenever Contractor foresees any delay in the prosecution of the Work, and in any event as soon as possible (not to exceed a period of ten (10) calendar days) after the initial occurrence of any delay that Contractor regards as or may later claim to be an Excusable Delay, the Contractor shall notify the Engineer in writing of such delay and its cause, in order that the Engineer: (i) may take immediate steps to prevent if possible the occurrence or continuance of the delay; or (ii) if this cannot be done, may determine whether the delay is to be considered excusable, how long it continues, and to what extent the prosecution and completion of the Work are delayed thereby. Said written notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth the Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.

After the completion of any part or whole of the Work, the Engineer, in estimating the amount due Contractor, will assume that any and all delays that may have occurred in its prosecution and completion were not Excusable Delays, except for such delays for which the Contractor has provided timely written notice as required herein, and that the Engineer has found to be excusable. Contractor shall not be entitled to claim Excusable Delay for any delay for which the Contractor failed to provide such timely written notice.

23. EXTENSION OF TIME
If the Contractor complies with Section 22, above, and the Engineer finds a delay claimed by the Contractor to be an Excusable Delay, the Contractor shall be allowed an extension of time to complete the Work that is proportional to the period of Excusable Delay determined by the Engineer, subject to the approval by City of a change order granting such time extension. During a duly authorized extension for an Excusable Delay, City shall not charge liquidated damages against the Contractor for such delay.

If the City extends the time to complete the Work as provided herein, such extension shall in no way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties of the Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extension of time. The granting of any extension of time as provided herein shall in no way operate as a waiver on the part of City of its rights under this Contract, excepting only extension of the Completion Date for such period of Excusable Delay as may be determined by the Engineer and approved by a duly authorized change order.

24. NO PAYMENT FOR DELAYS
No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the Work whether or not such delays qualify for extension of time under this Agreement; except that this provision shall not preclude the recovery of damages for a delay caused by the City that is unreasonable under the circumstances and that is not within the contemplation of the parties, provided that the Contractor timely submits all such written notice(s) and fully complies with such other Page

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procedures as may be specified in the Contract Documents or any Laws or Regulations for Contractor to claim damages for such delay.

25. CHANGES IN THE WORK
Changes in the Work authorized or directed in accordance with the Contract Documents and extensions of time of completion made necessary by reason thereof shall not in any way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such changes in the Work relieve or release the Sureties on Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such change in Work and to any extension of time made by reason thereof.

26. TERMINATION AFTER COMPLETION DATE
In addition to any other rights City may have, if any services or work required under the Contract (including but not limited to punch list items) are not completed as of the Completion Date (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), City may terminate the Contract at any time after the Completion Date ( as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), by providing a written notice to Contractor specifying the date of termination. Such notice also may specify conditions or requirements that Contractor must meet to avoid termination of the Contract on such date. If Contractor fails to fulfill all such conditions and requirements by such termination date, or, if no such conditions or requirements are specified, Contractor shall cease rendering services and performing work on such termination date, and shall not be entitled to receive any compensation for services rendered or work performed after such termination date. In the event of such termination, Contractor shall remain liable to City for liquidated damages incurred for any period of time prior to the termination date.

In addition to any other charges, withholdings or deductions authorized under the Contract or any Laws or Regulations, if City terminates the Contract pursuant to this section, City may withhold and deduct from any payment and/or retention funds otherwise due Contractor any sum necessary to pay the City's cost of completing or correcting, or contracting for the completion or correction of, any services or work under the Contract that are not completed to the satisfaction of the City or that otherwise are deficient or require correction as of such termination date, including but not limited to incomplete punch list items. Such costs shall include all of the City’s direct and indirect costs incurred to complete or correct such services or work, including the City’s administrative and overhead costs. If the amount of payment(s) and/or retention funds otherwise due the Contractor are insufficient to pay such costs, City shall have the right to recover the balance of such costs from the Contractor and/or its Surety(ies).

27. TERMINATION FOR CONVENIENCE

Upon written notice to the Contractor, the City may at any time, without cause and without prejudice to any other right or remedy of the City, elect to terminate the Contract for the Page

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convenience of City. In such case, the Contractor shall be paid (without duplication of any items, and after deduction and/or withholding of any amounts authorized to be deducted or withheld by the Contract Documents or any Laws or Regulations):

A. For Work executed in accordance with the Contract Documents prior to the effective date of termination and determined to be acceptable by the Engineer, including fair and reasonable sums for overhead and profit on such Work; B. For reasonable claims, costs, losses, and damages incurred in settlement of terminated contracts with subcontractors, suppliers, and others; and C. For reasonable expenses directly attributable to termination.

Contractor shall not be paid for any loss of anticipated profits or revenue for any Work not performed prior to termination, nor for any economic loss arising out of or resulting from such termination, except for the payments listed in this section. Contractor’s warranty under Section 14 of this Agreement shall apply, and Contractor shall remain responsible for all obligations related to such warranty, with respect to all portions of the Work performed prior to the effective date of the termination for convenience pursuant to this section. The City shall be entitled to have any or all remaining Work performed by other contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.

28. TERMINATION FOR BREACH OF CONTRACT
If Contractor abandons the Work under this Contract, or if the Contract or any portion of the Contract is sublet or assigned without the consent of the City, or if the Engineer determines in the Engineer’s sole discretion that the conditions of the Contract in respect to the rate of progress of the Work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor violates or breaches, or fails to execute in good faith, any of the terms or conditions of the Contract, or if Contractor refuses or fails to supply enough properly skilled labor or materials or refuses or fails to make prompt payment to subcontractors for material or labor, or if Contractor disregards any Laws or Regulations or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the City may give Contractor and its Sureties written notification to immediately correct the situation or the Contract shall be terminated.

In the event that such notice is given, and, in the event such situation is not corrected, or arrangements for correction satisfactory to the City are not made, within ten (10) calendar days from the date of such notice or within such other period of time as may be specified by the City in the notice, the Contract shall upon the expiration of said period cease and terminate. In the event of any such termination, City may take over the Work and prosecute the Work to completion, or otherwise, and the Contractor and its Sureties shall be liable to City for any cost occasioned City thereby, as hereinafter set forth.

In the event City completes the Work, or causes the Work to be completed, no payment of any kind shall be made to Contractor until the Work is complete. The cost of completing Page

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the Work, including but not limited to, extra costs of project administration and management incurred by City, both direct or indirect, shall be deducted from any sum then due, or that becomes due, to Contractor from City. If sums due to Contractor from City are less than the cost of completing the Work, Contractor and its Sureties shall pay City a sum equal to this difference on demand. In the event City completes the Work, and there is a sum remaining due to Contractor after City deducts the costs of completing the Work, then City shall pay such sum to Contractor. The Contractor and Contractor’s Sureties shall be jointly and severally liable for all obligations imposed on Contractor hereunder.

No act by City before the Work is finally accepted, including, but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, assessments of liquidated damages, occupation or acceptance of any part of the Work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach of Contractor, shall be construed to be a waiver or estoppel of the City’s right to act pursuant to this Section upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract.

The rights of City to terminate the Contract pursuant to this Section and pursuant to Sections 26 and 27 are cumulative and are in addition to all other rights of City pursuant to the Contract and at law or in equity.

29. CONTRACTOR BANKRUPT
If Contractor should commence any bankruptcy proceeding, or if Contractor is adjudged a bankrupt, or if Contractor makes any assignment for the benefit of creditors, or if a receiver is appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice as provided in Section 28 above.

30. SURETIES’ OBLIGATIONS UPON TERMINATION
If the City terminates the Contract pursuant to Section 28 or Section 29 above:

A. The Surety under Contractor’s performance bond shall be fully responsible for all of the Contractor’s remaining obligations of performance under the Contract as if the Surety were a party to the Contract, including without limitation Contractor’s obligations, as provided in the Contract Documents, to complete and provide a oneyear warranty of the entire Work, pay liquidated damages and indemnify, defend and hold harmless City, up to the full amount of the performance bond.

B. The Surety under Contractor’s payment bond shall be fully responsible for the performance of all of the Contractor’s remaining payment obligations for work, services, equipment or materials performed or provided in connection with the Work or any portion thereof, up to the full amount of the payment bond.

31. ACCOUNTING RECORDS OF CONTRACTOR
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the entire Work, Contractor shall maintain all accounting and financial records related to the Contract and performance of the Work in accordance with generally accepted accounting practices, and shall keep and make such records available for inspection and audit by representatives of the City upon reasonable written notice.

32. USE TAX REQUIREMENTS
During the performance of this Agreement, CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows:

A. Use Tax Direct Payment Permit: For all leases and purchases of materials, equipment, supplies, or other tangible personal property used to perform the Agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit from the California State Board of Equalization (“SBE”) in accordance with the applicable SBE criteria and requirements.

B. Sellers Permit: For any construction contract and any construction subcontract in the amount of $5,000,000 or more, Contractor and the subcontractor(s) shall obtain sellers permits from the SBE and shall register the jobsite as the place of business for the purpose of allocating local sales and use tax to the City.

Contractor and its subcontractors shall remit the self-accrued use tax to the SBE, and shall provide a copy of each remittance to the City.

C. The above provisions shall apply in all instances unless prohibited by the funding source for the Agreement.

33. NON-DISCRIMINATION IN EMPLOYEE BENEFITS
This Agreement may be subject to the requirements of Sacramento City Code Chapter

3.54, Non-Discrimination in Employee Benefits by City Contractors. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter

3.54, entitled “Requirements of the Non-Discrimination in Employee Benefits Code.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.54. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.54 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.

34. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENT

APPLICATION PROCESS
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This Agreement may be subject to the requirements of Sacramento City Code Chapter

3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter 3.62, entitled “Ban-The-Box Requirements.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.62 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.

Contractor agrees to require its subcontractors to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62, and include these requirements in all subcontracts covered by Sacramento City Code Chapter 3.62.

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IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set for opposite their names.

CONTRACTOR
Under penalty of perjury, I certify that the
taxpayer identification number and all other
information provided here are correct.

DATE BY_________________________________
William David Walter__________________
Print Name
President_______________________________
Title
BY_________________________________
___________________________________
Print Name
____________________________________
Title
DIR Registration #
1000016400_________________________
Federal ID#
68-0319915__________________________
State ID#
1878289_____________________________
City of Sacramento Business Operation Tax
Certificate No. (City will not award contract
until Certificate Number is obtained)
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
__x__ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)

CITY OF SACRAMENTO
a municipal corporation
DATE BY _________________________________
For: Howard Chan, City Manager
Original Approved As To Form: Attest:

City Attorney City Clerk
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
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Policy Number: TEN26394
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COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location And Description Of Completed Operations Only those parties required to be named as an
Additional Insured in a written contract with the
Named Insured under this policy, entered into prior
to loss or “occurrence”.

ALL
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed
operations hazard".

TEN26394
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COMMERCIAL GENERAL LIABILITY
TEN0215 01 14 Includes copyright material of Insurance Services Office, Inc. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TEN0215 01 14

PRIMARY AND NON-CONTRIBUTING INSURANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4:

Section IV: Commercial General Liability Conditions

4. Other Insurance:
d. Notwithstanding the provisions of sub-paragraphs a, b, and c of this paragraph 4, with respect to the Third Party as defined below, it is understood and agreed that in the event of a claim or "suit" caused in whole or in part by the Named Insured's negligence, this insurance shall be primary and any other insurance maintained by the additional insured named as the Third Party below shall be excess and non-contributory.

The Third Party to whom this endorsement applies is:

Absence of a specifically named Third Party above means this endorsement applies only to those third parties required to be named as an Additional Insured as Primary and Non-Contributory coverage specified in a written contract with the Named Insured under this policy, entered into prior to the "loss" or "occurrence".

All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.

TEN26394
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COMMERCIAL GENERAL LIABILITY
TEN0099 01 14 Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TEN0099 01 14

DESIGNATED CONSTRUCTION PROJECT(S)

GENERAL AGGREGATE LIMIT WITH CAP
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

SCHEDULE
Designated Construction Projects

ALL PROJECTS WHERE REQUIRED BY A WRITTEN CONTRACT EXECUTED PRIOR TO LOSS OR “OCCURRENCE”.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. For all sums which the insured becomes legally obligated to pay damages caused by "occurrences" under COVERAGE A (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the schedule above:

1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.

However, the most we will pay under the Designated Construction Project General Aggregate Limit for all projects combined is $5,000,000

2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A. except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazards", regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".

3. Any payments made under COVERAGE A for damage shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above.

4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit.

TEN26394
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COMMERCIAL GENERAL LIABILITY
TEN0099 01 14 Page 2 of 2
B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above:

1. Any payments made under COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable: and

2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit.

C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Designated Construction Project General Aggregate Limit.

D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.

E. The provisions of Limits of Insurance (SECTION Ill) not otherwise modified by this endorsement shall continue to apply as stipulated.

All other terms, conditions and exclusions under the policy apply to this endorsement and remain unchanged.

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POLICY NUMBER: TEN COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Only such Person or Organization where required in a written contract with the Named Insured under this policy, entered into prior to the loss or “occurrence”.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "productscompleted operations hazard". This waiver applies only to the person or organization shown in the
Schedule above.

TEN26394
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30-4-6568840
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Special Provisions

AQUATICS POOL RESURFACING
JOHNSTON POOL , 231 ELEANOR AVENUE, SACRAMENTO, CA

TABLE OF CONTENTS
01010 SUMMARY OF WORK
01025 PAYMENTS AND MEASUREMENTS
01030 ALTERNATES
01040 COORDINATION
01044 CONTRACTOR’S REQUEST FOR INFORMATION / INTERPRETATION 01045 CUTTING AND PATCHING
01048 ELECTRONIC DRAWINGS
01049 SUPPORTING FROM STRUCTURE
01050 FIELD ENGINEERING
01090 DEFINITIONS AND REFERENCE STANDARDS
01200 MEETINGS
01300 SUBMITTALS
01311 SCHEDULES AND REPORTS
01313 CERTIFICATION OF COMPLIANCE
01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
01370 SCHEDULE OF VALUES
01400 QUALITY CONTROL
01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
01600 MATERIAL AND EQUIPMENT
01615 DELIVERY, STORAGE AND HANDLING
01630 SUBSTITUTION REQUESTS / EQUALS
01650 STARTING OF SYSTEMS
01660 TESTING, ADJUSTING AND BALANCING
01700 CONTRACT CLOSE-OUT
01710 CLEANING
01730 OPERATION AND MAINTENANCE MANUALS
01735 EQUIPMENT DEMONSTRATION AND OWNER PERSONNEL INSTRUCTION 01750 WARRANTIES AND BONDS
01760 SPARE PARTS AND MAINTENANCE MATERIALS
01780 PROJECT RECORD DOCUMENTS
01800 VALUE ENGINEERING
01810 OWNER REQUIREMENTS
END OF DIVISION 1 TABLE OF CONTENTS
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AQUATICS POOL RESURFACING PROJECT SUMMARY OF WORK
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01010, Page1

SUMMARY OF WORK – 01010 – PAGE 1
SECTION 01010

SUMMARY OF WORK
PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Drawings and General Conditions of the Contract including General and Supplementary Conditions, and Division 1 Specification Sections apply to this Section.

1.02 SUMMARY OF WORK:

A. Under a single contract, renovations for the City of Sacramento at the two sites described below shall be in conformity with the construction documents contained herein including all materials, labor, tools, equipment, transportation and services necessary, complete and ready to use. Refer to the Description of Work below and the contract documents for a complete description of the work.

Johnston Pool
231 Eleanor Avenue
Sacramento, CA 95815
B. Description of the Work:

The existing fiberglass at the Johnston Pool site shall be demolished down to the bare concrete shell. The limits of the fiberglass removal shall stop at the bottom of the coping. Other work shall consist of the following: refinishing the fiberglass pool finish; repairing and/or removal of the existing expansion joints; demolishing the wall return inlets and the main drain grate covers; and restoring all lane lines, and depth markers. Thus, to be consistent with the current health code requirements in conformity with the construction documents contained herein, this includes all materials, labor, tools, equipment, transportation, and services necessary for completion, and ready full usage. ALL work associated with the project plans and specifications must be completed within the specified calendar days.

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AQUATICS POOL RESURFACING PROJECT SUMMARY OF WORK
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SUMMARY OF WORK – 01010 – PAGE 2

1. The work consists of providing labor, materials, equipment, services, and administration required in conjunction with or incidental to the Project.

C. The term "NIC" shall be construed to mean that construction work is not to be furnished, installed or performed by Contractor. The term shall mean "Not in this Contract"

1.03 CONSTRUCTION CONTRACT:

A. Construct project under single lump sum contract.

1.04 CONSTRUCTION SEQUENCE:

A. Contractor shall be responsible for sequencing of construction as shown in their approved Project Schedule. Contractor shall notify Owner (7) days in advance of any operations that may affect the owner’s use of adjacent property and (14) days in advance of any construction work that affects the utilities of adjacent buildings on the site.

1.05 WORK RESTRICTIONS / STAGING:

A. Due to the sensitive nature of the existing use of the site, the Contractor shall have the full use of the contract area during the construction period, except the areas coordinated during the pre-construction conference.

1. City will designate an entrance to the Project site.

2. Use of premises for work, storage and vehicular parking is limited to areas designated by City.

B. Contractor shall assume responsibility for protection and safekeeping of the products stored on the site under this contract.

C. This Contractor shall move stored products which interfere with any Owner operations, other Owner Contractors, or Owner access.

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AQUATICS POOL RESURFACING PROJECT SUMMARY OF WORK
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SUMMARY OF WORK – 01010 – PAGE 3
D. Contractor shall conduct operations to ensure least inconvenience to public and occupied areas of the site.

E. This Contractor shall obtain and pay for the use of additional storage or staging areas needed for operations.

F. Do not load structure with weight that would jeopardize its safety.

G. Should it be necessary to use portions of existing streets, sidewalks or right of ways for operations, this Contractor shall obtain approval and pay for the use of such areas in accordance with requirements of the authorities having jurisdiction.

1.06 SURROUNDING SITE CONDITION SURVEY
A. Prior to commencement of Work, Contractor and City shall jointly survey the site and existing buildings, paving, plant life, and other items, noting and recording existing damage such as cracks, sags, loose materials and other existing damage.

B. This record shall serve as a basis for determination of subsequent damage to these items due to settlement or movement due to demolition and construction operations.

C. Such damage, as noted, shall be suitably marked on the item, if possible, and the official record of existing damage shall be signed by the parties making the survey.

D. Cracks, sags or other damage to the site and adjacent buildings, paving and other items not noted in the original survey but subsequently observed shall be reported immediately

1.07 PROTECTION OF EXISTING STRUCTURES AND UTILITIES
A. The Drawings show all known existing above and below grade structures; drainage lines; storm drains; sewers; water, gas, electrical and hot water lines; and other similar installations which are known to exist in the area of the Work.

B. Locate these known existing installations before proceeding with excavation or other operations which may damage same; maintain them in Page

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SUMMARY OF WORK – 01010 – PAGE 4
service unless directed otherwise by the City; and repair damage to them caused by the performance of the work, at no increase in the Agreement Price.

C. In addition to reporting, if a structure or utility is damaged, Contractor shall take appropriate action as provided in the Contract Documents.

1.08 OCCUPANCY OF THE WORK PRIOR TO FINAL ACCEPTANCE
A. The City may use and occupy the building portion of the Work before formal acceptance under the following conditions:

1. A Certificate of Substantial Completion will be prepared and executed as provided in the Contract Documents. The Certificate of Substantial Completion shall be accompanied by a written endorsement of the Contractor's insurance carrier and surety permitting occupancy by City during the remaining period of the work.

2. Occupancy by City shall not be construed as being an acceptance of that part of the work to be occupied.

3. Contractor will not be held responsible for any damage to the occupied part of the Work resulting from the City's occupancy.

4. Occupancy by the City shall not be deemed to constitute a waiver of existing claims in behalf of the City or Contractor against each other.

5. If required by the City for areas it has beneficially occupied, the Contractor shall make available, on a 24-hour-a-day, 7-day-a-week basis, utility services, heating, and cooling as are in condition to be put in operation when such beneficial use and occupancy occurs.

The Contractor shall be responsible for the operation and maintenance of such equipment while it is so operated until the Work is completed in the occupied areas, at which time operation and maintenance of such equipment shall be assumed by the City.

6. Make an itemized list of each piece of equipment operated during beneficial occupancy, with the date operation commences. This list shall be the basis for the commencement of guarantee periods on the equipment being operated for the benefit of the City's occupancy.

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JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01010, Page5

SUMMARY OF WORK – 01010 – PAGE 5

7. The City will pay for the utility costs associated with its occupancy of portions of the work during construction.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01010
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AQUATICS POOL RESURFACING PROJECT PAYMENTS & MEASUREMENTS JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01025, Page 1 PAYMENTS AND MEASUREMENTS – 01025 – PAGE 1
SECTION 01025

PAYMENTS & MEASUREMENTS
PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Drawings and General Conditions of the Contract including General and Supplementary Conditions, and Division 1 Specification Sections apply to this Section.

1.02 SCHEDULE OF VALUES
A. Type Schedule on form contained in the Contract Documents.

Contractor's standard forms and automated printout will be considered for approval upon request. Identify schedule with: Project name and location, Contractor's name and address, all subcontractor's name, address and type of Work along with Submission date.

1. List the installed value of the component parts of the Work broken down into sufficient detail to serve as a basis for computing values for progress payments during the performance of the Work. For example, in the case of drywall Work, identify components such as wallboard, accessories, taping and finishing.

2. Follow the Specifications table of contents as the format for listing component items; identify each line item with the number and title of the respective Specification Section.

3. For each major line item, list sub-values of products or operations.

4. For the various portions of the Work:
a. Include a separate line item for the amount of overhead and profit drawn.
b. For portions of Work in excess of ten thousand dollars ($10,000) in cost, separately identify labor and material costs.

5. The sum of values listed in the Schedule of Values shall equal the total Construction Contract Sum. Design costs are to be identified separately.

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AQUATICS POOL RESURFACING PROJECT PAYMENTS & MEASUREMENTS JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01025, Page 2 PAYMENTS AND MEASUREMENTS – 01025 – PAGE 2

1.02 APPLICATIONS FOR PAYMENT
A. General: Submit Applications for Payment to the Architect in accordance with the schedule established by the Contract Documents.

B. Submit itemized applications on form contained in Contract Documents.

1. Line items and dollar values shall be from the approved schedule of values.

2. Include names, trades, and amounts for Subcontractors.

3. Overhead and profit shall be a line item each month for Contractor and Sub-contractors.

C. Preparation of Application for Each Progress Payment:

1. On application form, fill in:
a. Required information, including Change Orders executed prior to application.
b. Summary of dollar values agreeing with the totals indicated on the Continuation Sheets.
c. Certify with the signature of an authorized agent of the Contractor's firm.

2. Continuation Sheets:
a. Fill in total list of scheduled component items of Work with item number and the scheduled dollar value for each item. b. Fill in the dollar value in each column for each scheduled line item when Work has been performed or products stored as approved. Round off values to nearest dollar, unless otherwise specified for the schedule of values. c. List each Change Order executed prior to the date of submission at the end of the Continuation Sheets. List by Change Order Number, description, and breakdown of costs as for an original component item of Work.

D. Substantiating Data for Progress Payments:

1. When substantiating data are required, submit suitable information as specified in SECTION 01300 - SUBMITTALS with a cover letter identifying:
a. Project Name and Number.

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b. Application number and date.
c. Detailed list of enclosures.
d. For approved stored materials:
1) Item number and identification as shown on
application.
2) Address of warehouse facility and copy of insurance
documents for said facility.
3) Description of specific material.

E. Preparation of Application for Final Payment:

1. Fill in application form as specified for progress payments.

2. Use Continuation Sheets for presenting the final statement of accounting.

PART 2 - PRODUCTS
Not Used.

PART 3 - EXECUTION
Not Used.

END OF SECTION 01025
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AQUATICS POOL RESURFACING PROJECT ALTERNATES
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01030, Page 1

ALTERNATES – 01030 – PAGE 1
SECTION 01030

ALTERNATES
PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Drawings and General Conditions of the Contract including General and Supplementary Conditions, and Division 1 Specification Sections apply to this Section.

1.02 REQUIREMENTS:

A. Definition: An Alternate is defined as a portion of the work, which is priced separately, to be included in the Work at the Owners option.

B. This section defines each Alternate by number, and describes the basic changes to be incorporated into the work, only when that alternate is made a part of the work by stipulated provisions in the owner Contractor agreement.

C. Coordination:

1. Include as a part of each alternate, devices, appurtenances, accessories and similar items incidental to or necessary for complete installation.

2. Coordinate alternate with adjacent work and modify or adjust as necessary as approved by the architect, to ensure full integration.

D. In addition to the Base Bid as provided on the Bid Form, the Contractor (Bidder) shall quote alternate prices in the blank spaces provided on the Bid Form under Alternate Bids.

E. The Additive Alternate Bids increase the Scope of Work as defined by the Base Bid and represent additions to the amount of the Base Bid.

F. The Deductive Alternate Bids decrease the Scope of Work as defined by the Base Bid and represent deductions to the amount of the Base Bid.

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AQUATICS POOL RESURFACING PROJECT ALTERNATES
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01030, Page 2

ALTERNATES – 01030 – PAGE 2

1.02 ALTERNATES:

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01030
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AQUATICS POOL RESURFACING PROJECT MODIFICATION PROCEDURES JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01035, Page 1

Modification Procedures – 01035 – PAGE 1
SECTION 01035

MODIFICATION PROCEDURES
PART 1 - GENERAL

1.01 REQUIREMENTS INCLUDED
A. Promptly implement change order procedures.

1. Provide full written data required to evaluate changes.

2. Maintain detailed records of work done on a time-and-material/force account basis, submitted to the City on a daily basis.

3. Provide full documentation to City on request.

B. Designate in writing the member of Contractor's organization:

1. Who is authorized to accept changes in the Work.

2. Who is responsible for informing others in the Contractor's employ of the authorization of changes in the Work.

C. City Project Manager is the person who is authorized to execute Change Orders.

1.02 RELATED REQUIREMENTS
A. Agreement: The amounts of established unit prices.

B. Section 01025: Payments & Measurements.

C. Section 01311: Bar Chart.

D. Section 01605: Substitution Request Form.

1.03 DEFINITIONS
A. Construction Change Authorization: A written order to the Contractor, signed by City, which amends the Contract Documents as described, and authorizes Contractor to proceed with a change which affects the Agreement Sum and/or the Agreement Time, for inclusion in a subsequent Change Order.

B. Supplemental Instructions: A written order, instructions, or interpretations, signed by City making minor changes in the Work not involving a change in Agreement Sum or Agreement Time.

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AQUATICS POOL ASSESSMENT MODIFICATION PROCEDURES
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Modification Procedures – 01035 –PAGE 2

1.04 PRELIMINARY PROCEDURES
A. City may initiate changes by submitting a Proposed Change Order (PCO) to Contractor which may include:

1. Detailed description of the Change, Products, and location of the change in the Project.

2. Supplementary or revised Drawings and Specifications.

3. A specific statement as to whether overtime work is, or is not, authorized.

4. A specific period of time during which the requested price will be considered valid.

5. Such request(s) are for information only, and are not an instruction to execute the changes, nor to stop Work in progress.

B. Contractor may initiate changes by submitting a written notice to City, containing:

1. Description of the Request For Change (RFC).

2. Statement of the reason for making the changes.

3. Statement of the effect on the Agreement Sum and/or the Agreement Time.

4. Statement of the effect on the work of separate contractors.

Documentation supporting any change in Agreement Sum or Agreement Time, as appropriate.

Copy of the Change Order Proposal Summary form.

1.05 CONSTRUCTION CHANGE AUTHORIZATION
A. In lieu of a PCO, City may issue a construction change authorization for Contractor to proceed with a change for subsequent inclusion in a Change Order.

B. Authorization will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change, and will designate the method of determining any change in the Agreement Sum and any change in Agreement Time.

C. City will sign and date the Construction Change Authorization as authorization for the Contractor to proceed with the changes.

D. Contractor will sign and date the Construction Change Authorization to indicate agreement with the terms therein.

1.06 DOCUMENTATION OF PROPOSALS AND CLAIMS
A. Support each quotation for a lump-sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow City to evaluate the quotation.

B. On request provide additional data to support time and cost computations:

1. Labor required.

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2. Equipment required.

3. Products required.
a. Recommended source of purchase and unit cost.
b. Quantities required.

4. Taxes, insurance and bonds.

5. Credit for work deleted from Agreement, similarly documented.

6. Justification for any change in Agreement Time.

C. Support each claim for additional costs, and for work done on a time-and-material/force account basis, with documentation as required for a lump-sum proposal, plus additional information:

1. Name of the City's authorized agent who ordered the work, and date of the order.

2. Dates and times work was performed, and by whom.

3. Time record, summary of hours worked, and hourly rates paid.

4. Receipts and invoices for:
a. Equipment used, listing dates and times of use.
b. Products used, listing of quantities.
c. Subcontracts.

D. Document requests for substitutions for Products as specified in Section 01600.

E. Include a copy of the Change Order Proposal Summary – EZ-PCO” for each separate proposal.

1.07 PREPARATION OF CHANGE ORDERS
A. City will prepare each Change Order.

B. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change.

C. Change Order will provide an accounting of the adjustment in the Agreement Sum and in the Agreement Time.

1.08 LUMP-SUM/FIXED PRICE CHANGE ORDER
A. Content of Change Orders will be based on, either:

1. PCO and Contractor's responsive Proposal as mutually agreed between City and Contractor.

2. RFC as accepted by City.

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3. Construction Change Authorization with supporting documentation.

B. Contractor will sign and date the Change Order to indicate agreement with the terms therein.

C. City will sign and date the Change Order as authorization for the Contractor to proceed with the changes.

1.09 UNIT PRICE CHANGE ORDER
A. The amounts of the unit prices to be:

1. Those stated in the Agreement.

2. Those mutually agreed upon between City and Contractor.

B. When quantities of each of the items affected by the Change Order can be determined prior to start of the work:

1. City will sign and date the Construction Change Authorization as authorization for Contractor to proceed with the changes.

2. Contractor will sign and date the Construction Change Authorization to indicate agreement with the terms therein.

C. When quantities of the items cannot be determined prior to start of the work:

1. City will issue a Construction Change Authorization directing Contractor to proceed with the change on the basis of unit prices and will cite the applicable unit prices.

2. At completion of the change, City will determine the cost of such work based on the unit prices and quantities used.
a. Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Agreement Time.

3. City and Contractor will sign and date the Change Order to indicate their agreement with the terms therein.

4. City will sign and date the Change Order to establish the change in Agreement Sum and in Agreement Time.

1.10 TIME AND MATERIAL/FORCE ACCOUNT CHANGE ORDER/CONSTRUCTION CHANGE

AUTHORIZATION
A. City will issue a Construction Change Authorization directing Contractor to proceed with the changes.

B. At completion of the change, Contractor shall submit itemized accounting and supporting data as provided in the "Documentation of Proposals and Claims" of this Section.

C. City will determine the allowable cost of such work, as provided in General Conditions and Supplementary Conditions.

D. City and Contractor will sign and date the Change Order to indicate their agreement therewith.

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E. City will sign and date the Change Order to establish the change in Agreement Sum and in Agreement Time.

1. 11 CORRELATION WITH CONTRACTOR' S SUBMITTALS
A. Revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Agreement Sum.

B. Revise the Construction Schedule to reflect each change in Agreement Time.

1. Revise schedules to show changes for other items of work affected by the changes.

C. Upon completion of work under a Change Order, enter pertinent changes in Record Documents.

1.12 CHANGE ORDER PROPOSAL SUMMARY - EZ-PCO
A. Whenever a change, modification or alteration is being evaluated by the City ,requiring a change in cost, the contractor shall prepare a copy of the “Change Order Proposal Summary – EZ-PCO” for each unique change, modification or alteration.

B. Compensation for markups shall be limited to the application of percentages outlined in the “Instructions – Change Order Proposal Summary - EZ-PCO”.

PART 2 - PRODUCTS
Not Used.

PART 3 - EXECUTION
Not Used.
----- END OF SECTION ----
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AQUATICS POOL RESURFACING PROJECT COORDINATION
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01040, Page 1

COORDINATION – 01040 – PAGE 1
SECTION 01040

COORDINATION
PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Drawings and General Conditions of the Contract including General and Supplementary Condition, and Division 1 Specification Sections apply to this Section.

1.02 SUMMARY
A. Coordinate the Work; do not delegate the responsibility for coordination to any Subcontractor.

B. This Contractor shall resolve differences or disputes concerning coordination, interference, or extent of Work of the various sections, and trades.

1.03 COORDINATION
A. Coordinate scheduling, submittals and Work of the various Specification Sections to assure efficient and orderly sequence of installation of interdependent construction elements.

B. Coordinate completion and clean up of all Work in preparation for Substantial Completion.

C. Coordinate access to site for correction of defective Work and Work not in accordance with the Contract Documents to minimize disruption of Owner’s activities.

1.04 ELECTRICAL AND MECHANICAL COORDINATION
A. Verify that utility requirement characteristics of operating equipment are compatible with proposed building utilities. Coordinate work of all Sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment.

B. Coordinate space requirements and installation of mechanical and electrical work that are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance and for repairs.

C. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. This includes identified “Conduit or Pipe Page

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JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01040, Page 2

COORDINATION – 01040 – PAGE 2
Runs for Future Equipment”. Coordinate locations of fixtures and outlets with finish elements.

1.04 COORDINATION DRAWINGS
A. Prepare coordination drawings, if required, and submit prints of the drawings before beginning fabrication or delivery of materials to the Project site. The prints will not be reviewed or approved, but will be received as an indication that the Contractor has performed coordination functions.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01040
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AQUATICS POOL RESURFACING PROJECT REQUEST FOR INFORMATION JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01044, PAGE 1 CONTRACTOR’S REQUESTS FOR INFORMATION / INTERPRETATION
– 01044 – PAGE 1
SECTION 01044
CONTRACTOR’S REQUESTS FOR INFORMATION / INTERPRETATION
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, and other Division 1 Specification Sections, apply to this Section.

1.02 DESCRIPTION
A. Section Includes: Administrative requirements for requests for information / interpretation.

1.03 DEFINITIONS
A. Request For Information / Interpretation (RFI):

1. A document submitted through Construction Manager requesting clarification of a portion of the Contract Documents, hereinafter referred to as RFI.

2. A properly prepared request for information / interpretation shall include a detailed written statement that indicates the specific Drawing(s) or Specification(s) in need of clarification and the nature of the clarification requested.
a. Drawings shall be identified by Drawing number and location on the Drawing sheet.
b. Specifications shall be identified by Section number, page and paragraph.
c. Requests for Information: Request made by Contractor concerning information not indicated on Drawings nor
contained in Project Manual that is required to properly perform the work.
d. Requests for Interpretation: Request made by Contractor in accordance with the Contract for construction.

B. Improper RFI’s:

1. RFI’s that are not properly prepared.

2. Improper RFI’s will be rejected by the Architect. The Contractor will be notified by the Architect upon rejection of improper RFI’s.

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AQUATICS POOL RESURFACING PROJECT REQUEST FOR INFORMATION JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01044, PAGE 2 CONTRACTOR’S REQUESTS FOR INFORMATION / INTERPRETATION
– 01044 – PAGE 2
C. Frivolous RFI’s:

1. RFI’s which request information that is clearly shown on the Contract Documents.
a. Frivolous RFI’s will be returned unanswered.

D. Neither improper nor frivolous RFI’s will be allowed as basis for Change Orders claiming additional costs and/or time extensions.

1.04 CONTRACTOR’S REQUESTS FOR INFORMATION
A. RFI’s shall be submitted on Document 01044-4 – Request for Information / Interpretation included at the end of this Section.

1. Forms shall be completely filled in, and if prepared by hand, shall be fully legible after photocopying or transmission by facsimile (fax).

2. RFI’s shall be submitted in numerical order with no breaks in the consecutive numbering.

3. Each page of attachments to RFI’s shall bear the RFI number and shall be consecutively numbered in chronological order.

4. RFI’s shall be submitted by fax.
a. Submittal by fax is the preferred method of submittal. b. Telephone # for faxing is (916) 808-8337 this goes to the City’s Project Manager first, then it is forwarded to the Architect.

Additional information on the lines of communication will be discussed at the Pre-Construction Conference.

B. When the Architect is unable to determine from the Contract Documents the material, process or system to be installed, the Owner’s Representative shall be requested to make a clarification of the indeterminate item.

1. Wherever possible, such clarification shall be requested at the next appropriate project meeting, with the response entered into the meeting minutes. When clarification at the meeting is not possible, either because of the urgency of the need, or the complexity of the item, the Contractor shall prepare and submit an RFI.

C. The Contractor shall endeavor to keep the number of RFI’s to a minimum. In the event that the process becomes unwieldy, in the opinion of the Owner’s Representative, because of the number and frequency of RFI’s submitted, the Owner’s Representative may require the Contractor to abandon the process and submit future requests as either submittals (within 30 days of Notice to Proceed), substitutions or requests for change.

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AQUATICS POOL RESURFACING PROJECT REQUEST FOR INFORMATION JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01044, PAGE 3 CONTRACTOR’S REQUESTS FOR INFORMATION / INTERPRETATION
– 01044 – PAGE 3
D. RFI’s shall be originated by the Contractor.

1. RFI’s from contractors or material suppliers shall be submitted through, reviewed by, and signed by the Architect prior to submittal to the Owner’s Representative.

2. RFI’s from contractors or material suppliers sent directly to the Owner’s Representative, or the Architect’s consultants shall not be accepted and will be returned unanswered.

E. The Contractor shall carefully study the Contract Documents to assure that the requested information is not available therein. RFI’s that request information available in the Contract Documents will be deemed either “improper” or “frivolous” as noted above.

F. In the cases where RFI’s are issued to request clarification of coordination issues, for example, pipe and duct routing, clearances, specific locations of work shown diagrammatically, and similar items, the Contractor shall fully lay out a suggested solution using drawings or sketches drawn to scale, and submit same with the RFI. RFI’s which fail to include a suggested solution will be returned unanswered with a requirement that the Contractor submit a complete request.

G. RFI’s shall not be used for the following purposes:

1. To request approval of submittals,

2. To request approval of substitutions,

3. To request changes which are known to entail additional cost or credit. (A Change Order Request form shall be used.)

4. To request different methods of performing work than those drawn and specified.

H. In the event the Contractor believes that a clarification by the Architect results in additional cost or time, Contractor shall not proceed with the work indicated by the RFI until a Change Order (or Construction Change Directive, if applicable to project) is prepared and approved. RFI’s shall not automatically justify a cost increase in the work or a change in the project schedule.

1. Answered RFI’s shall not be construed as approval to perform extra work.

2. Rejected RFI’s will be returned with a stamp or notation: Rejected.

I. The Contractor shall prepare and maintain a log of RFI’s, and at any time requested by the Owner’s Representative, Contractor shall furnish copies of Page

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AQUATICS POOL RESURFACING PROJECT REQUEST FOR INFORMATION JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01044, PAGE 4 CONTRACTOR’S REQUESTS FOR INFORMATION / INTERPRETATION
– 01044 – PAGE 4
the log showing outstanding RFI’s. The Contractor shall note unanswered RFI’s in the log.

J. The Contractor shall allow up to 7 working days review and response time for RFI’s, unless review is required of multiple consultants, then the review and response period shall be 10 working days.

1. The Architect will endeavor to respond in a timely fashion to RFI’s.

2. RFI shall state requested date/time for response to help prioritize requests; however, this requested date/time for response is not a guarantee that the RFI will be answered by that date/time if that date/time is deemed inadequate or insufficient.

1.05 ARCHITECT’S RESPONSE TO RFI’S
A. The Architect and/or Owner’s Representative will respond to RFI’s on one of the following forms:

1. Properly prepared RFI’s:
a. Response directly upon RFI form.
b. Architect’s Supplemental Instruction.
c. Request for Proposal.

2. Improper or Frivolous RFI’s: Rejected RFI’s will be returned with a stamp or notation: Rejected.

3. Answers to properly prepared RFI’s may or may not be made directly upon the RFI form as deemed appropriate by the Owner’s
Representative and/or the Architect.

B. The Owner’s Representative and/or the Architect may opt to retain RFI’s for discussion during regularly scheduled project meetings for inclusion of responses in meeting minutes in lieu of responding on a written form.

PART 2 - PRODUCTS
NOT APPLICABLE.

PART 3 - EXECUTION
NOT APPLICABLE.

END OF SECTION 01044
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AQUATICS POOL RESURFACING PROJECT REQUEST FOR INFORMATION JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01044, PAGE 5 CONTRACTOR’S REQUESTS FOR INFORMATION / INTERPRETATION
– 01044 – PAGE 5

REQUEST FOR INFORMATION / INTERPRETATION
Project: City of Sacramento R.F.I. Number:_________
Project Name From:________________
To: ____________________ Date: ________________
Fax: ____________
City Project Number:

Specification Section: Paragraph: Drawing Reference: Detail Request/Recommendation:
* Requested Date/Time for Response:
(The undersigned acknowledges review of Section 01044 in its entirety.) Signed by:

Response:

Attachments
Response From: To: * Date Rec’d: * Date Ret’d:

Signed by:

Copies: Owner __ _________ _____ ______ File
* Contractor shall allow up to 7 working days review and response time for RFI’s, unless review is required of multiple consultants, then the review and response period shall be 10 working days. (See Section 01044.)
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AQUATICS POOL RESURFACING PROJECT CUTTING AND PATCHING
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01045, Page 1 CUTTING AND PATCHING – 01045 – PAGE 1
SECTION 01045

CUTTING AND PATCHING
PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Drawings and General Conditions of the Contract including General and Supplementary Conditions, and Division 1 Specification Sections apply to this Section.

1.02 DESCRIPTION:

A. Work Included: This Section establishes general requirements pertaining to cutting, fitting, and patching of the work required to:

1. Make the several parts fit properly.

2. Uncover work to provide for installation, inspection, or both of illtimed work.

3. Remove and replace work not conforming to requirements of the Contract Documents.

4. Remove and replace defective work.

1.03 QUALITY ASSURANCE
A. Perform all cutting and patching in accordance with pertinent requirements of the specifications and in the event no such requirements are determined, in conformance with the Architect's written direction.

B. In all cases, exercise extreme care in cutting operations and perform such operations under adequate supervision by competent mechanics skilled in the applicable trade. Openings shall be neatly cut and shall be kept as small as possible to avoid unnecessary damage. Careless and/or avoidable cutting damage, etc., will not be tolerated, and the Contractor will be held responsible for such avoidable or willful damage.

C. All replacing, patching, and repairing of materials and surfaces cut or damaged in the execution of the work shall be performed by experienced mechanics of the several trades involved. Such replacing, repairing, and/or patching shall be done with the applicable materials, in such a manner that all surfaces so replaced, etc., will upon completion of the work, match the surrounding similar surfaces.

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1.04 SUBMITTALS
A. Request for the Architect's Consent:

1. Prior to cutting which affects structural safety, submit a written request to the Architect for permission to proceed with cutting.

2. Should conditions of the work, or schedule, indicate a required change of materials or methods for cutting and patching, notify the Architect and secure his written permission prior to proceeding.

B. Notices to the Architect:

1. Submit written notice to the Architect designating the time the work will be uncovered, therefore providing a time for the Architect's observation.

PART 2 - PRODUCTS

2.01 MATERIALS
A. For replacement of work removed, use materials which comply with each pertinent Section of these specifications.

PART 3 - EXECUTION

3.01 CONDITIONS
A. Inspect existing conditions, including elements subject to movement or damage during cutting and patching.

B. After uncovering the work, inspect conditions affecting installation of new work.

3.02 DISCREPANCIES
A. If uncovered conditions are not as anticipated, immediately notify the Architect and secure needed directions.

B. Do not proceed in areas of discrepancy until all such discrepancies have been fully resolved.

C. Provide all required protection including, but not necessarily limited to, shoring, bracing, and support to maintain structural integrity of the work.

D. Beginning of cutting or patching means acceptance of existing conditions.

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3.03 PREPARATION
A. Provide temporary supports to ensure structural integrity of existing material. Provide devices and methods to protect other portions of Facility from damage.

B. Provide protection from elements for areas which may be exposed by uncovering work.

3.04 PERFORMANCE
A. Perform cutting and demolition by methods which will prevent damage to other portions of the work and will provide a proper surface to receive new installation or repair and new work. Perform fitting and adjustment of products to provide finished installation complying with the specified tolerance and finishes.

END OF SECTION 01045
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AQUATICS POOL RESURFACING PROJECT SUMMARY OF WORK
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01048, PAGE 1 ELECTRONIC DRAWINGS – 01048 – PAGE 1
SECTION 01048

ELECTRONIC DRAWINGS
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including Conditions of the Contract and Division 1 Specifications, apply to this Section.

1.02 SUMMARY
A. The Architect, if requested, will provide the Contractor with one electronic copy of the Contract Document Drawings for distribution to subcontractors and suppliers as a convenience in the preparation of Shop Drawings and Site Work. The electronic copy will be provided on a compact disk in AutoCad format.

B. The Architect shall be paid a service fee of $100.00 in accordance with the Agreement. This fee shall be paid by the Contractor immediately upon acceptance of the CD.

C. A signed and fully completed agreement must be submitted to formally request any electronic files.

1. No additional fee’s are required if a contactor shares those files with sub-contractors/vendors, however signed agreements for the release of those files must be received by the architect prior to their release.

1.03 REFERENCES
A. A copy of the Agreement is included at the end of this Section.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01048
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AQUATICS POOL RESURFACING PROJECT SUMMARY OF WORK
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01048, PAGE 1 ELECTRONIC DRAWINGS FORM – 01048 – PAGE 1

AN AGREEMENT BETWEEN ARCHITECT-ENGINEER OF RECORD AND

CONTRACTOR FOR TRANSFER OF COMPUTER AIDED DRAFTING (CAD) FILES

ON ELECTRONIC MEDIA
Architect of Record Contractor
City Project No. Date:

Project Name: ____________ ___________________________________ Location: ________________________________________________________ The Architect will provide the following CAD files, dated _______________, for the convenience of the contractor in preparing shop fabrication drawings:

Drawings were prepared on the following:

Computer Software: AutoCad Version: 2000 or later
Contractor shall pay Architect a service fee of ($ )
TERMS AND CONDITIONS:

1. Architect makes no representation as to the compatibility of the CAD files with any hardware or software.

2. Since the information set forth on the CAD files can be modified unintentionally or otherwise, the Architect reserves the right to remove all indicia of its ownership and/or involvement from each electronic display. This media should not be considered a certified document.

3. All information on the CAD files is considered instruments of service of the AER and shall not be used for other projects, for additions to this project, or completion of this project by others. CAD files shall remain the property of the Architect, and in no case shall the transfer of these files be considered a sale.

4. Architect makes no representation regarding the accuracy, completeness, or permanence of CAD files, nor for their merchantability or fitness for a particular Page

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purpose. Addenda information or revisions made after the date indicated on the CAD files may not have been incorporated. In the event of a conflict between the Architect’s sealed Contract Drawings and CAD files, the sealed Contract Drawings shall govern. It is the Contractor’s responsibility to determine if any conflicts exist.

The CAD files shall not be considered to be Contract Documents as defined by the General Conditions of the Contract for Construction.

5. The use of CAD files prepared by the Architect shall not in any way obviate the Contractor’s responsibility for the proper checking and coordination of dimensions, details, member sizes and gage, and quantities of materials as required to facilitate complete and accurate fabrication and erection.

6. The Contractor shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the Architect, and its subconsultants from all claims, damages, losses, expenses, penalties and liabilities of any kind, including attorney’s fees, arising out of or resulting from the use of the CAD files by the Contractor, or by third party recipients of the CAD files from the Contractor.

7. The Architect believes that no licensing or copyright fees are due to others on account of the transfer of the CAD files, but to the extent any are, the Contractor will pay the appropriate fees and hold the Architect harmless from such claims.

8. Any purchase order number provided by the Contractor is for Contractor’s accounting purposes only. Purchase order terms and conditions are void and are not a part of this Agreement.

9. Payment of the service fee is due upon receipt of the CAD files.

10. This Agreement shall be governed by the laws of the principal place of business of the Architect.

AUTHORIZED ACCEPTANCE
by Architect of Record by Contractor
___________________________ _______________________________ Signature Signature
___________________________ _______________________________ Print Name and Title Print Name and Title
___________________________ _______________________________ Date Date
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AQUATICS POOL RESURFACING PROJECT SUPPORTING FROM STRUCTURE JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01049, Page 1 SUPPORTING FROM STRUCTURE – 01049 – PAGE 1
SECTION 01049

SUPPORTING FROM STRUCTURE
PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Drawings and General Conditions of the Contract including General and Supplementary Conditions, and Division 1 Specification Sections apply to this Section.

1.02 DESCRIPTION:

A. Work Included:

1. This section provides guidelines and limitations for supporting all mechanical, electrical, plumbing or architectural items from the building structure, and for seismic bracing for all such items.

2. Design and install all support and bracing systems except as noted.

Provide for attachment to portions of the building structure capable of bearing the loads imposed. Designed systems shall not overstress the building structure.

3. All art supported from the structure shall be reviewed by the design structural engineer for loads applied to verify structure can sustain it. The structure shall be re-sized and re-calculated by the design structural engineer as required to provide the necessary support, and contractor shall be paid for impacts to project costs and schedule if required.

B. Work Not Included:

1. The Contractor is not required to design support and bracing for items for which the contract documents provide specific attachment, support, and bracing. Seismic bracing is not required for the following items:
a. Gas piping less than 1 inch inside diameter.
b. Piping for boilers and mechanical equipment less than 1.25 inches inside diameter.
c. All other piping less than 2.5 inches inside diameter, unless racked together.
d. All piping and duct suspended by individual hangers 12 inches or less in length.

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e. All rectangular air handling ducts less than 6 square feet in cross sectional area.
f. All round air handling ducts less than 28 inches in diameter. g. All electrical conduits less than 2.5 inches inside diameter, unless racked together.

1.03 RELATED WORK (See also Table of Contents)
A. Structural Steel: Section 05120.

B. Metal Fabrications: Section 05500.

C. Information relating solely to mechanical or electrical work is included under those divisions, except as specifically indicated herein.

1.04 QUALITY ASSURANCE
A. General:

1. Design and install all support systems to comply with the requirements of the 2001 California Building Code Chapter 16.

2. For seismic bracing design engage the services of a structural engineer licensed in California.

3. For guidelines regarding seismic bracing for mechanical, electrical and plumbing systems, refer to the Sheet Metal and Air
Conditioning Contractors National Association, Inc. (SMACNA), "Guidelines for Seismic Restraints of Mechanical Systems and Plumbing Piping Systems".

B. Standards and References: (Latest Edition unless specified otherwise)

1. The General Conditions, Supplementary Conditions, and applicable portions of Division 1 apply to the work of this Section as if printed herein.

2. If the year of the adoption or latest revision is omitted from the designation, it shall mean the specification, manual or test designation in effect the date of Notice to Proceed with the Work given.

C. Submittals: (submit under provisions of Section 01300):

1. Submit shop drawings for all substructures and attachment methods.

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2. Submit proposed alternative methods of attachment for review by the Architect, prior to deviating from the requirements given below.

3. For all seismic bracing systems, submit structural calculations and details prepared and signed by the Contractor's licensed engineer which include all resultant forces applied to the building structure.

Do not overstress building structure. Calculations will be reviewed for compliance with design criteria, not for arithmetic.

PART 2 - PRODUCTS

2.01 MATERIALS
A. Furnish all substructures and fasteners required to comply with the limitations given below. Use materials as specified in the various sections and as appropriate to the use.

B. All exterior materials: hot dipped galvanized or stainless steel.

PART 3 - EXECUTION

3.01 GUIDELINES AND LIMITATIONS
A. The General Contractor shall coordinate the load requirements from all subcontractors so that no combination of loads exceeds the limitations given below without written approval.

B. Maximum Loading: Attach no loads greater than the following without specific approval of the Structural Engineer.

1. Metal deck without concrete fill - acoustical tile and gypsum board ceilings only; no piping, ducting or conduit. Maximum ceiling weight - 3.5 psf. Maximum wire hanger load = 60#.

2. Metal deck with concrete fill - ceilings as indicated for metal deck without concrete fill above, plus electrical conduits, gas piping and ducting not exceeding 3.0 psf. Maximum point load from trapeze = 200 lbs. at 8'-0" cc each way. Mechanical units hung from concrete filled deck shall not exceed 500 lbs.

3. Steel beams and girders: water and gas piping, electrical conduits, ducting and trapeze of same not to exceed 3.0 psf. Maximum load on a single span = 600#. Mechanical units hung from beams shall not exceed 1000# unless specifically indicated on structural plans.

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4. Cast-In-Place concrete slabs - ceilings, piping, conduit and ducts shall not exceed 10 psf. Maximum hanger load 600#. Mechanical units hung from slabs shall not exceed 800#.

5. Wood sawn joists - loads from ceilings, piping, conduit and ducting shall not exceed 5.0 psf. Maximum concentrated load = 300 lbs. per joist.

6. Steel Joists - Loads from ceiling, piping, conduit and ducting shall not exceed 8 psf. Maximum concentrated load = 500 lbs. per joist.

3.02 SEISMIC BRACING
A. In applying formulas from Chapter 16 of the 2001 CBC the value for Ip (importance factor) shall be assumed to be no less than 1.5. See structural drawings for other seismic factors.

B. Design and install seismic bracing so as not to ground out vibration and sound isolation items.

END OF SECTION 01049
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AQUATICS POOL RESURFACING PROJECT FIELD ENGINEERING
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01050, Page 1 FIELD ENGINEERING – 01050 –PAGE 1
SECTION 01050

FIELD ENGINEERING
PART 1 - GENERAL

1.01 ENGINEERING REQUIREMENTS:

A. Provide and pay for field engineering services required for the Project.

1. Survey work required in execution of the Project.

2. Civil, structural or other professional engineering services specified or required to execute Contractor's construction methods.

1.02 RELATED REQUIREMENTS DESCRIBED ON OTHER SECTIONS:

A. Project Record Documents: Section 01700, Contract Closeout.

1.03 QUALIFICATIONS OF SURVEYOR OR ENGINEER:

A. Qualified engineer or registered land surveyor, acceptable to Contractor and Architect.

B. Registered professional engineer of the discipline required for the specific service on the Project, licensed in the state of California.

1.04 SURVEY REFERENCE POINTS:

A. Existing basic horizontal and vertical control points for the Project are those designated on Drawings.

B. Locate and protect control points prior to starting the work, and preserve all permanent reference points during construction.

1. Make no changes or relocations without prior written notice to Architect.

2. Report to Architect when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations.

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JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01050, Page 2 FIELD ENGINEERING – 01050 –PAGE 2

3. Require surveyor to replace Project control points which may be lost or destroyed. Establish replacements based on original survey control.

4. Report errors in horizontal and vertical dimensions and grades prior to starting Work.

1.05 PROJECT SURVEY REQUIREMENTS:

A. Establish a minimum of two permanent benchmarks on the site, referenced to data established by survey control points. Record locations, with horizontal and vertical data, on Project Record Documents.

B. Establish lines and levels, locate and lay out, by instrumentation and similar appropriate means:

1. Site improvements:
a. Stakes for grading, fill and topsoil placement.
b. Utility slopes and invert elevations.

2. Batter boards for structures.

3. Building foundation and column locations.

4. Controlling lines and levels required for the mechanical and electrical trades.

C. From time to time, verify layouts by the original methods used.

D. Layout all Work and be responsible for all lines, elevations and measurements of buildings, utilities, and other Work executed under the Contract.

E. Verify figures and elevations shown on the Drawings before laying out Work, and be responsible for any error resulting from failure to do so.

1.06 RECORDS:

A. Maintain a complete, accurate log of all control and survey work as it progresses.

B. On completion of foundation walls and major site improvements, prepare a certified survey of sufficient detail showing all pertinent dimensions, locations, angles, grades and elevations of construction.

1.07 SUBMITTALS:

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JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01050, Page 3 FIELD ENGINEERING – 01050 –PAGE 3
A. Submit name and address of surveyor and professional engineer to Architect.

B. On request of Architect, submit documentation to verify accuracy of field engineering work.

C. Submit certificate signed by registered engineer or surveyor certifying that elevations and locations of improvements are in conformance, or non-conformance, with Contract Documents.

1. List non-conforming items separately and provide a detailed explanation or reason for non-conformance. Non-conforming items that have not been previously approved or otherwise waived by the Architect shall be corrected and brought into conformance with the Contract Documents with no additional cost to the Owner or the Contract Amount will be adjusted by Change Order to reflect the cost of correcting the non-conforming work that will be incurred by the Owner.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01050
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AQUATICS POOL RESURFACING PROJECT DEFINITIONS
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01090, Page 1 DEFINITIONS AND REFERENCE STANDARDS – 01090 – PAGE 1
SECTION 01090

DEFINITIONS AND REFERENCE STANDARDS
PART 1 GENERAL

1.01 DEFINITIONS
A. General Requirements: The provisions or requirements of Division - 1.

General Requirements apply to entire Work and to other elements that are included in the project.

B. Indicated: The term "Indicated" is a cross-reference to details, notes or schedules on Drawings, to other paragraphs or schedules in the Specifications and to similar means of recording requirements in Contract Documents. Where terms such as "shown", "noted", "scheduled" and "specified" are used in lieu of "indicated", it is for purpose of helping reader locate cross-reference and no limitation of location is intended except as specifically noted.

C. Directed, Requested, etc.: Where not otherwise explained, terms such as "directed", "requested", "authorized", "selected", "approved", "required", "accepted" and "permitted" mean "directed by Architect or Owner", "requested by Architect or Owner ", etc. However, no such implied meaning will be interpreted to extend Architect or Owner's responsibility into Contractor's area of construction supervision.

D. Approve: Where used in conjunction with Architect or Owner's response to submittals, requests, applications, inquiries, reports and claims by Contractor, the meaning of term "approved" will be held to limitations of Architect or Owner's responsibilities and duties as specified in General and Supplementary Conditions. In no case will "approval" by Architect or Owner be interpreted as a release of Contractor from responsibilities to fulfill requirements of Contract Documents.

E. Furnish: Except as otherwise defined in greater detail, term "furnish" is used to mean supply and deliver to project site, ready for unloading, unpacking, assembly, installation, as applicable in each instance.

F. Provide: Except as otherwise defined in greater detail, term "provide" means furnish and install, complete and ready for intended use, as applicable in each instance.

G. Installer: The entity (person or firm) engaged by Contractor or its subcontractor or sub-subcontractor for performance of a particular unit of work at project site, including installation, erection, application and similar Page

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required operations. It is a general requirement that such entities (installers) be expert in operations they are engaged to perform.

1.02 QUALITY ASSURANCE
A. For products specified by association, trade or Federal Standards, comply with requirements of the standard, unless more rigid requirements are specified or required by applicable codes.

B. The date of the standard is that which is in effect as of the Proposal date, or date of Owner-Contractor Agreement when there are no bids, except when a specific date is specified.

C. When required by individual Specifications section, obtain copy of standard.

Maintain copy during submittals, planning and progress of the specific work, until substantial completion.

1.03 SCHEDULE OF REFERENCES
Abbreviations and Names: The following acronyms or abbreviations as referenced in Contract Documents are defined to mean the associated names. Both names and addresses are subject to change, and are believed to be, but are not assured to be, accurate and up-to-date:

AA Aluminum Association
818 Connecticut Ave. NW; Washington DC 20006; 202/862-5100 AAMA Architectural Aluminum Manufacturers Association
Suite 18, 2700 River Road, Des Plaines, IL 60018; 312/699-7310 ACI American Concrete Institute
Box 19150 Redford Stat.; Detroit, MI 48219; 313/532-2600 ADC Air Diffusion Council
435 N. Michigan Ave.; Chicago, IL 60611; 312/527-5494
AGA American Gas Association
1515 Wilson Blvd.; Arlington, VA 22209; 703/841-8400
AI Asphalt Institute
Asphalt Inst. Bldg.; College Park, MD 20740; 301/277-4258 AISC American Institute of Steel Construction
400 N. Michigan Ave. Chicago, IL 60611; 312/670-2400
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AISI American Iron and Steel Institute
1000 l6th St., NW; Washington, DC 20036; 202/452-7100
AITC American Institute of Timber Construction
333 W. Hampden Ave.; Englewood, CO 80110; 303/761-3212
AMCA Air Movement and Control Association
30 W. University Dr.; Arlington Heights, IL 60004; 312/294-0150 ANSI American National Standards Institute
1430 Broadway; New York, NY 10018; 212/354-3300
APA American Plywood Association
P.O. Box 11700; Tacoma, WA 98411; 206/565-6600
ARI Air Conditioning and Refrigeration Institute
1815 N. Fort Myer Dr.; Arlington, VA 22209; 703/524-8800 ASHRAE American Society of Heating, Refrigerating and Air-Conditioning Engineers; 1791 Tullie Circle NE; Atlanta, GA 30329; 404/636-8400
ASME American Society of Mechanical Engineers
345 East 47th St.; New York, NY 10017; 212/644-7722
ASPE American Society of Plumbing Engineers
15233 Ventura Blvd.; Sherman Oaks, CA 91403; 213/783-4845 ASTM American Society for Testing and Materials
1916 Race St.; Philadelphia, CA 19103; 215/299-5400
AWPA American Wood-Preservers' Association
7735 Old Georgetown Rd.; Bethesda, MD 20014; 301/652-2109 AWPB American Wood Preservers Bureau
2772 S. Randolph St.; Arlington, VA 22206; 703/931-8180 AWS American Welding Society
550 LeJune Rd.; Miami, FL 33135; 304/642-7090
CBC California Building Code or CRC-California Code of Regulations, Title 24 California Building Standards Commission
1130 K Street, suite 101; Sacramento, CA 95814
CISPI Cast Iron Soil Pipe Institute
1499 Chain Bridge Rd.; McLean, VA 22101; 703/827-9177
CRSI Concrete Reinforcing Steel Institute
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180 North LaSalle St.; Chicago, IL 60601; 312/372-5059
CS Commercial Standard of NBS (U.S. Dept. of Commerce)
Government Printing Office; Washington, DC 20402
FGMA Flat Glass Marketing Association
3310 Harrison; Topeka, KS 66611; 913/266-7013
FM Factory Mutual Engineering Corp.
1151 Boston-Providence Turnpike; Norwood, MA 02062; 617/762-4300 FS Federal Specification (General Services Admin.)
Bldg. 197, Washington Navy Yard, SE; Washington DC 20407 GA Gypsum Association
1603 Orrington Ave.; Evanston, IL 60201; 312/491-1744
HPMA Hardwood Plywood Manufacturers Association
P.O. Box 2789; Reston, VA 22090; 703/435-2900
MCAA Mechanical Contractors Association of America
5530 Wisconsin Ave.; Washington, DC 20015; 202/654-7960 MLSFA Metal Lath/Steel Framing Association
221 N. LaSalle St.; Chicago, IL 60601; 312/346-1600
NBS National Bureau of Standards (U.S. Dept. of Commerce) Gaithersburg, MD 20234
NCMA National concrete Masonry Association
P.O. Box 781; Herndon, VA 22070; 703/435-4900
NEC National Electrical Code (by NFPA)
NECA National Electrical Contractors Association
7315 Wisconsin Ave.; Washington, DC 20014; 202/657-2110 NEMA National Electrical Manufacturers Association
2101 L St. NW; Washington, DC 20037; 202/457-8400
NFPA National Fire Protection Association
Batterymarch Park; Quincy, MA 02269; 617/328-9230
NRCA National Roofing Contractors Association
8600 Bryn Mawr Ave.; Chicago, IL 60631; 312/693-0700
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NSF National Sanitation Foundation
3475 Plymouth Rd; Ann Arbor, MI 48106; 313/769-8010
NWMA National Woodwork Manufacturers Association
205 West Touhy Ave.; Park Ridge, IL 60068; 312/823-6747 OSHA Occupational Safety Health Administration (U.S. Dept. of Labor) Government Printing Office; Washington, DC 20402
PDI Plumbing and Drainage Institute
5342 Blvd. Pl.; Indianapolis, IN 46208; 317/251-5298
PS Product Standard of NBS (U.S. Dept. of Commerce)
Government Printing Office; Washington, DC 20402
SCPI Southern California Plastering Institute
3127 Los Feliz Blvd.; Los Angeles, CA. 90039; 213/663-2213 SDI Steel Door Institute
712 Lakewood Cnt. N.; Cleveland, OH 44107; 216/226-7700 SMACNA Sheet Metal & Air Conditioning Contractors
National Association; 8224 Old Courthouse Rd.; Vienna, VA 22180; 703/790-9890
TCA Tile Council of America
P.O. Box 326; Princeton, NJ 08540; 609/921-7050
UL Underwriters Laboratories
333 Pfingsten Rd.; Northbrook, IL 60062; 312/272-8800
WCLIB West Coast Lumber Inspection Bureau
(Grading Rules); P.O. Box 2315; Portland, OR 97223; 503/639-0651 WIC Woodwork Institute of California
1833 Broadway; Fresno, CA 93773; 209/233-9035
WRI Wire Reinforcement Institute
7900 Westpark Drive; McLean, VA 22102; 703/790-9790
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01090
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SECTION 01200

MEETINGS
PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Drawings and General Conditions of the Contract including General and Supplementary Conditions, and Division 1 Specification Sections apply to this Section.

1.02 DESCRIPTION:

A. Project Meetings are held to enable an orderly review of the work as it progresses on a periodic basis (weekly). It also provides an opportunity for systematic discussion of cost, schedule, problems and solutions. The Architect will conduct project meetings throughout the construction period.

B. The Contractor's relationship with his subcontractors and materials suppliers, and discussions relative thereto, are the Contractor's responsibility and are not a part of project meetings content.

C. Persons designated by the Contractor to attend and participate in the project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the project meetings.

1.03 MEETING RESPONSIBITIES:

A. To the maximum extent practicable, advise the Architect at least three (3) working days in advance of project meetings regarding all items to be added to the agenda.

B. The Architect will compile minutes of each project meeting and will furnish copies to the Contractor. The Contractor may make and distribute such other copies as he wishes.

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PART - 2 EXECUTION:

2.01 MEETING SCHEDULE:

A. Except as noted below the pre-construction meeting, project meetings will be held on a weekly basis or more frequently if required. Meeting dates and times will be coordinated in an effort to allow all parties whose participation is essential.

2.02 MEETING LOCATION:

A. To the maximum extent practicable, meetings will be held at the job site.

2.03 PRECONSTRUCTION MEETING:

A. The Architect will conduct the pre-construction meeting which shall be scheduled within ten (10) days after the Owner has issued the Notice to Proceed. It will be attended by authorized representatives of the Contractor, all major Subcontractors, the Architect, the Owner, and other interested parties.

B. Minimum Agenda: Distribute data on, and discuss:

1. Organizational arrangement of Contractor's forces and personnel, personnel of subcontractors, materials suppliers, Architect, and Owner.

2. Channels and procedures for communications.

3. Construction schedule, including sequence of critical work. A three week schedule will be prepared and updated for each project meeting and utilized by the Contractor as well as the overall project schedule.

4. Contract Documents, including distribution of required copies of original Documents and revisions.

5. Processing of Shop Drawings and other data submitted to the Architect for review. Contractor to provide list of major equipment deliveries and priorities.

6. Project coordination

7. Processing of field decisions and Change Orders.

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8. Rules and regulations governing performance of the Work.

9. Procedures and responsibilities regarding Project Record Documents.

10. Procedures and responsibilities regarding operations and maintenance information and training Owner's personnel.

11. Procedures for safety and first aid, security, quality control, housekeeping, and other related matters.

12. Personnel Resumes.

13. Construction Phasing and Cash Flow.

14. Placement of Temporary Facilities and Utilities.

15. Security Procedures

16. Schedule of Major Equipment Suppliers.

2.04 BILLING MEETINGS:

A. Contractor shall schedule and hold a billing meeting at least five days prior to the end of each pay period for the purpose of agreeing on the percentage of the Work completed up to that date and establishing the amount to be requested in the Application for Payment.

B. Location: As arranged and agreed to by attendees.

C. Attending shall be City's Project Manager, Architect, Inspector and Contractor's Superintendent.

D. Following the billing meeting, prepare formal Application for Payment on City designated forms, and submit to City’s Project Manager for certification and approval
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2.05 PRE-INSTALLATION MEETINGS:

A. The Contractor shall conduct a pre-installation meeting at the site before each construction activity that requires coordination with other construction. The Installer and representatives of manufacturers and fabricators involved in or affected by the installation, and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise the Architect-Engineer of scheduled meeting dates.

B. Review the progress of other construction activities and preparations for the particular activity under consideration at each pre-installation conference, including requirements for:

1. Contract Documents.

2. Shop Drawings, Product Data and quality control Samples.

3. Compatibility problems.

4. Time schedules.

5. Weather limitations.

6. Manufacturers recommendations.

7. Compatibility of materials.

8. Acceptability of substrates.

9. Governing regulations.

10. Safety.

11. Inspection and testing requirements.

12. Required performance results.

13. Recording requirements.

14. Protection.

C. The Contractor shall record significant discussions and agreements and disagreements of each meeting, along with the approved schedule.

Distribute the record of the meeting to everyone concerned, promptly, including the Owner and Architect-Engineer.

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D. Do not proceed if the meeting cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of Work and reconvene the meeting at the earliest feasible date.

2.06 PROJECT MEETINGS
A. The Architect-Engineer will conduct the weekly project meetings. To the maximum extent practicable, assign the same person or persons to represent the Contractor at project meetings throughout progress of the Work. Subcontractors, materials suppliers, and others may be invited to attend those project meetings in which their aspects of the Work are involved.

B. Minimum Agenda:

1. Review, revise as necessary, and approve minutes of previous meeting.

2. Review progress of the Work since last meeting, including status of submittals for approval.

3. Present and discuss Contractors updated three week schedule.

4. Identify problems which impede planned progress.

5. Develop corrective measures and procedures to regain planned schedule.

6. Discuss changes in the work.

7. Complete other current business.

8. Review Progress Report.

9. Review as-built drawings.

10. Verify procurement activities and discuss associated lead times.

2.07 PRE-INSTALLATION MEETINGS
A. Responsibilities:

1. Contractor shall prepare and keep records of pre-installation meetings.

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2. Architect shall prepare and keep records of all other meetings involving the Owner, Contractor and Architect.

3. The Contractor shall maintain on site a binder containing all the meeting minutes for this project, available for review by the Architect, Owner or Engineers.

2.08 GUARANTIES / WARRANTIES, SERVICE & MAINTENANCE CONTRACTS

REVIEW MEETING
A. Eleven months following date of final acceptance, the City shall hold a meeting for the purpose of review of guaranties/warranties, bonds and service & maintenance contracts for materials and equipment. Contractor shall take action as appropriate to implement repair or replacement of defective items, and to extend service and maintenance contracts, as required.

B. Attending shall be City's Project Manager, Architect, Project Inspector, Contractor, Contractor's Superintendent, Major Subcontractors, Suppliers and others as appropriate.

PART 3 EXECUTION
Not Used
END OF SECTION 01200
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SECTION 01300

SUBMITTALS
PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Drawings and General Conditions of the Contract including General and Supplementary Conditions, and Division 1 Specification Sections apply to this Section.

1.02 SCOPE OF WORK:

A. Submit construction schedule, shop drawings, submittal schedule, certificates, product data, samples, schedule of values, requests for information, requests for clarification, and products list as specified in this and other Sections.

1.03 RELATED WORK SPECIFIED ELSEWHERE:

A. Material & Equipment: Section 01600.

B. Warranties: Section 01700.

C. Record Drawings: Section 01700.

D. Operating & Maintenance Manuals: Section 01700.

E. Progress Schedules: Section 01310.

F. Substitution Requests / Equals: Section 01630.

1.04 GENERAL REQUIREMENTS:

A. The Contractor shall be solely responsible for submittal dates and delivery of the required number of submittals to the Architect. Delays in work occasioned by late submittals, necessity of re-submittal, or performing Work from submittals unfavorably reviewed shall not be cause for increase in Contract Amount or for time extension.

B. Contractor shall review, stamp with his approval, and submit with reasonable promptness and in orderly sequence so as to cause no delay in work or in work of any other contractor, submittals required by Contract DocuPage

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ments or subsequently by Architect in order to evaluate substitutions.

Shop drawings and samples shall be properly identified. At time of submission, Contractor shall inform Architect in writing of any deviation in submittals from requirements of Contract Documents.

1. Architect's review of submittals shall not relieve Contractor of responsibility for any deviation from requirements of Contract Documents unless Contractor has informed Architect in writing of such deviations at time of submission, and Architect has given approval to specified deviation. Architect's review shall not relieve Contractor from responsibility for errors or omissions in Submittals.

2. Prior to submittal for City review, fully coordinate material as follows:
a. Determine and verify field dimensions, conditions, materials, catalog numbers and similar data.
b. Coordinate as required with the various types of Work and public agencies involved.
c. Secure necessary approvals from public agencies and others and signify by stamp or other means that approvals have been secured.

B. By approving and submitting submittals, Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, or will do so, and that he has checked and coordinated each submittal with requirements of work and of Contract Documents. Submittals shall be forwarded so as to allow Architect ample time for review. Failure on the part of the Contractor to submit timely for reviews to allow the work to continue shall not be grounds for time extensions or changes to the contract amount. Selected contractor may deliver submittals to Architect for review prior to receiving Notice to Proceed with Construction on items that would delay completion of project if contractor waited until the issuance of Notice to Proceed.

C. Contractor shall resubmit unfavorably reviewed submittals after making any changes required so that submittals will comply with the Contract Documents. When resubmitting, Contractor shall direct specific attention to deficient areas.

1. If any proposed substitution or equal material, equipment or method is judged by the Architect to be unacceptable, the specified item shall be provided. Further proposals for substitutions or equals for that item will not be allowed unless specifically requested by the Architect.

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D. One set of each favorably reviewed submittal shall be kept on the job at all times, available for ready reference.

E. No portion of work requiring a submittal shall begin until the submittal for the work has been favorably reviewed by Architect. All work shall be in accord with favorably reviewed submittals. If conflict arises between favorably reviewed submittals and Contract Documents, no work shall begin until such conflict is resolved in writing. Submittals shall as required in the sections of the specifications. See individual sections for samples etc., but submit numbers of submittals per this section.

F. The Architect shall determine adequacy and completeness of all submittals. Where the Architect deems a submittal to be inadequate, incomplete, or otherwise unsuitable for proper review, the Contractor shall submit all additional information requested by the Architect. There shall be no change to the Contract Time or to the Contract Cost when such additional information is requested by the Architect.

1. The Architect shall review the Shop Drawings; stamp and indicate the appropriate status, mark required revisions.

2. The Contractor shall review the returned Drawings and take appropriate action as indicated. If resubmittal is required, make revisions and indicate them with a "cloud", stamp and date, and resubmit in the same manner and number as for the original submittal.

3. Only those Shop Drawings which bear stamps showing final review of the Contractor, City and Architect, shall be used.

G. Identification of the submittal shall be as follows:

1. Identify each submittal and re-submittal with the following information:
a. Project name and address as they appear on the Contract Documents.
b. Contractor's name and address and Subcontractor's or supplier's name and address. c. Contractor's stamp with initials or signature, certifying review and approval of submittal, compliance with Contract Documents and verification of field measurements. d. Name and telephone number of contact for additional information regarding the submittal.

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e. Drawing and Specification Section numbers to which the submittal applies.
f. Whether it is an original or a re-submittal.
g. Date of submission.

1.05 CERTIFICATES OF COMPLIANCE
A. Submit certificates of compliance with the associated Shop Drawings, Product Data and Samples required for the product.

B. Submit two copies on 8-1/2 inch-x-11 inch white paper.

C. The City will retain the certificates of compliance; no approval reply is intended.

PART 2 - DEFINITIONS

2.01 GENERAL:

A. The term "submittal" is defined to include the product data, material list, shop drawings, and samples as herein described.

B. The term "favorably reviewed" means submittals have been reviewed by the Architect and copies returned to the Contractor marked "No Exceptions Taken" or "Make Changes Noted".

C. The term "Unfavorably reviewed" means submittals reviewed by Architect have been stamped "Revise & Resubmit", Submit as Specified", or "Rejected".

D. An "equal" is defined as material, equipment or method which is equivalent in every aspect to the material, equipment or method specified in the Contract Documents, as determined solely by the Architect. See Section 01630.

E. A "substitution" is defined as a material, article, product or item offered in lieu of that specified in the Contract Documents, which may differ substantially from that specified. To be accepted, substitutions shall, in the opinion of the Architect, fully satisfy the intent of the Specifications. See Section 01630.

2.02 PRODUCT LIST:

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A. The product list is a complete listing of all materials and equipment to be furnished under this Contract. The list shall present the materials and equipment in the same sequence as they appear in the Specifications and shall include the manufacturer's name as well as catalog number, size, etc. The phrase "as specified" is not acceptable.

B. Mechanical and Electrical submittals shall be submitted separately.

C. Samples: Refer to Article 3.06.E above.

2.03 SHOP DRAWINGS:

A. Shop drawings are drawings, illustrations, diagrams, schedules, performance charts, brochures and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier, or distributor, and which illustrate some portion of the work.

2.04 SAMPLES:

A. Samples are physical examples furnished by the Contractor to illustrate materials, equipment, or workmanship, and to establish standards by which the work will be judged.

2.05 CONSTRUCTION SCHEDULE AND SUBMITTAL SCHEDULE:

A. Construction Schedule:

1. Content: Show product and installation dates for major products.

Show dates for enclosing interior space, mechanical system completion, substantial completion, final completion, and Owner occupancy.

2. Format:
a. Schedule format shall be Graphic Critical Path Method (CPM), (Microsoft Project), no substitutions allowed
b. The graphic schedule shall be revised and resubmitted monthly with the pay request for review and approval by Architect and Owner and be kept reasonably current. c. Schedule: Schedule shall break down major trades, such as carpentry, millwork, concrete work, kitchen equipment,
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allow approximately seven (7) working days for review when the submittal is for the Architect alone, and fifteen (15) days each when consultants are involved.
d. Monitoring: Schedule shall be monitored weekly to reflect changes, and revisions shall be incorporated and distributed monthly with the pay request.
e. Scale and Spacing: To provide space for notations and revisions. f. Updating: Indicate progress of each activity, show revised completion dates. Provide listing of current and anticipated accelerations and delays. Describe proposed corrective action when required. g. Submit initial schedule within fifteen (15) working days after date of Owner-Contractor Agreement. After review, resubmit required revised data within ten (10) days. Two up-dated opaque reproductions shall be submitted every month with the pay request unless up-date revisions significantly impact the work and require coordination with the Architect for scheduling submittal review or construction observations. h. See Section 01311 for Project Schedule requirements
B. Submittal Schedule:

1. Provide separate schedule of submittal dates for shop drawings, product data, and samples, including Owner furnished products and dates reviewed submittals will be required from Architect. Show decision dates for selection of finishes.

2. Submit within thirty-five (35) days after date of Owner-Contractor Agreement.

3. Identify which products the Contractor proposes to submit by "Statement of Conformance".

2.06 PRODUCT DATA:

A. Where the specific catalog number and manufacturer specified will be furnished, the Contractor may, when acceptable to the Architect, submit a statement of conformance with the Contract Documents in place of the product data. Such a statement shall contain a statement that the Contractor has determined and verified all field measurements, field construcPage

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tion criteria, materials, catalog numbers and similar data, or will do so, and that he has checked and coordinated all related items with requirements of the work and of the Contract Documents and has determined them to be correct and adequate for proper execution and installation of the subject product.

1. In such cases, where a statement of conformance is not an acceptable alternative to a full submittal of product data the Contractor shall submit such information required by the Contract Documents and deemed adequate by the Architect to review the subject product. There shall be no change to the Contract Time or to the Contract Cost when such a full submittal is requested by the Architect.

2. In such cases, health and safety related information shall still be submitted for posting, if appropriate and/or if requested by the Architect.

B. Product data consists of manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other descriptive data on products and systems including health and safety related information.

1. Copies of favorably reviewed product data shall be kept at the job site available for review.

2. Product data shall include all required and pertinent product information regarding safety, handling, storage, application, and health and environmental hazards, and shall include related protective, preventive, or medical treatment.
a. Such product information shall be kept at the job site available for review and shall be in both written and graphic forms using universal symbols.
b. The information shall be displayed in prominent locations in accordance with the appropriate regulations.

2.07 LIST OF SUBCONTRACTORS AND MATERIAL SUPPLIERS:

A. Within (5) five calendar days after award of Contract, the Contractor shall submit to the Architect a list of the Subcontractors with their addresses and phone numbers, including the names of the manufacturers of the finish items and material suppliers. The list shall contain all materials where a selection of color, finish, or texture is required to be selected by the Architect as noted in the individual sections of the Specifications.

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2.08 SUBSTITUTIONS:

A. Substitution proposals will only be considered prior to Bidding, unless a substitution becomes required during the construction period due to circumstances beyond the control of the Contractor or their Sub-Contractors.

See Section 01630 for substitution requirements.

2.09 EQUALS:

A. Where the terms "or equal", "approved equal" or "or approved equal" occur, it shall be interpreted to mean pre-approval is required, prior to bid.

B. The material or process considerations for being considered as an equal shall be as defined in Section 01630.

C. Contractor shall certify that each product submitted as an equal is considered as asbestos free in accordance with all applicable regulations of Federal, State and Local Authorities and Regulatory Agencies.

2.10 PRE-APPROVAL OF EQUALS:

A. Only those items, materials, equipment, methods or processes identified as "or equal", "approved equal" or "or approved equal" will be evaluated for pre-approval. See Section 01630.

2.11 REQUESTS FOR CLARIFICATION OR REQUESTS FOR INFORMATION:

A. Definition: Contractor requests, in writing, Requests for Information or Requests for Clarification. Also known as an R.F.I. or R.F.C.

B. RFI's or RFC's are issued by the General Contractor to the Architect.

RFI's or RFC's shall not be issued directly from sub-contractors. Subcontractors' requests in writing shall be communicated through the General Contractor. The RFI's or RFC's shall be numbered consecutively by the General Contractor, with date of issue.

C. RFI's or RFC's can be issued in only one of the following conditions:

1. The Contractor discovers an unforseen condition or circumstance that is not described in the Contract Documents.

2. The Contractor discovers what appears to be a conflict or discrepancy between portions of the Contract Documents that appear inconsistent and not reasonably inferred in the intent of the Contract Documents.

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3. The Contractor discovers what appears to be an omission from the Contract Documents that cannot be reasonably inferred from the intent of the Contract Documents.

D. RFI's or RFC's shall not be recognized or accepted if one of the following conditions exists in the opinion of the Architect:

1. The Contractor submits the RFI or RFC as a request for substitution (Refer to Section 01630).

2. The Contractor submits the RFI or RFC as a submittal (Refer to Submittal Policy, above).

3. The Contractor submits the RFI or RFC under the pretense of Contract Document discrepancy or omission without thorough review of the Documents.

4. The Contractor submits the RFI or RFC in a manner that suggests that specific portions of the Contract Documents are assumed to be excluded or by taking an isolated portion of the Contract Documents in part rather than whole.

5. The Contractor submits an RFI or RFC in an untimely manner without proper coordination and scheduling of work or related trades.

6. RFI's or RFC's will not be recognized as a change or modification of scope, cost or time to the Contract Documents.

E. RFI's or RFC's time of issue and response: The Architect will endeavor to answer all requests as described in 2.11, C in a reasonable time frame. A period equal to the time that the sub-contractor and General Contractor use in developing the RFI could be recognized as an approximate, equal period of time for the Architect to respond back to the Contractor. In most cases, RFI's and RFC's will receive a response within seven (7) working days (excluding Saturdays and Sundays)if the RFI or RFC is reated to architectural only. If the RFI or RFC relates to consultant drawings 15 days shall be required. In a small number of instances, this time may need to be lengthened, or shortened for emergency situations as mutually agreed by all parties. The Contractor is to submit RFI's or RFC's in a reasonable time frame so as not to interfere or impede the progress of work and coordination of related trades.

1. RFI's and RFC's received after 12:00 noon shall be considered as having been received on the following working day.

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2. RFI's and RFC's received after 12:00 noon on a Friday shall be considered as having been received on the following Monday.

When the following Monday is a holiday, the following Tuesday shall be considered as the next working day.

F. RFI's or RFC's will be answered in writing by the Architect and may not, in themselves, initiate modifications to the Contract Documents.

PART 3 - EXECUTION

3.01 CONTRACTOR'S RESPONSIBILITIES, GENERAL:

A. Review submittals prior to submission and provide stamp of approval signed or initialed by Contractor, indicating the Contractor has inspected the submittals, and certifying that they are complete, correct, in compliance with the Contract Documents and suitable for the Project.

B. Make submittals minimum of thirty (30) days before needed return in accordance with Construction Schedule. Submission shall be by or through Contractor only.

C. Submit submittals required by each Specification Section to Architect. Notify Architect in writing at time of submission of deviation in submittals from requirements of Contract Documents.

D. Architect will require a minimum of seven (7) sets for each submittal for review and processing and a reproducible for copying by the Contractor at his expense after being favorably reviewed. Additional copies may be required for certain submittals ie: deferred submittals etc.. The Contractor shall coordinate number of individual submittal sets with the Architect.

3.02 PRODUCT LIST:

A. The Contractor shall submit seven copies of the products list to Architect within thirty (30) calendar days following award of the Contract.

B. Submit a complete list of major products proposed to be used, with the name of the manufacturer and the installing subcontractor. Refer to Section 01600.

3.03 SHOP DRAWINGS:

A. Submit shop drawings showing connections, details, dimensions, finishes and fasteners.

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1. Identify related shop drawings, which shall be submitted at a later date.

B. Submit shop drawings where required by various sections of the Specifications and when requested by Architect to evaluate a proposed substitution or method. Unless otherwise specified or requested, submit specified number plus additional required by Contractor.

1. Where testing laboratory or other special inspection is specified, requested, or required by local authority, submit two (2) additional copies.

3.04 SAMPLES:

A. Submit samples of size and quantity specified, or of sufficient size and quantity to illustrate clearly the functional characteristics of product, material, or system with integrally related parts and attachment devices.

B. Pay costs of samples and prepay deliver charges.

C. Unless otherwise indicated, submit a minimum of two (2) samples.

3.05 PRODUCT DATA:

A. Submit the amount of product data for each product or system to obtain acceptable review.

B. Identify data sheets with the section and paragraph numbers where the product or system is specified.

C. Bind product data submittals in indexed loose-leaf notebook binding system.

D. Equipment and systems must meet performance data even when specified by manufacturer's name and catalog number.

E. Provide list of product data which will be submitted after the original submittal of the notebook binding system.

3.06 ARCHITECT'S RESPONSIBILITIES FOR REVIEW:

A. Architect will review submittals reasonably promptly so as to cause no delay, and will review only for conformance with design concepts of Project and with requirements of the Contract Documents.

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1. The Architect shall require ten (10) working days for the review of adequate submittals for all items that involve the Architect only, and 15 days for items involving a consultant. The review period will not commence until the complete submittal is received by the Architect.

The review period for deferred submittals shall be longer as they requie approval from the City. The Contractor shall allow sufficient lead time, (a minimum of 45 days) for these reviews. The actual time may be shorter or longer.

2. Large or complex submittals may require additional review time. In such cases the Architect shall notify the Contractor in writing, within the initial ten (10) working day review period, of the additional time for review of the submittal. There shall be no change to the Contract Time or to the Contract Amount when such additional review time is required.

3. Special reviews or reviews requiring a shorter review time than that specified above may be granted by the Architect to facilitate the Construction Schedule. Such special review or reduced review time submittal reviews will be granted solely at the discretion of the Architect, who's decision will be final.

4. Review and processing time required for Deferred Approval by Sacramento City will be excluded from time limitations, but will be processed as expeditiously as possible. a. No change to the Contract Amount or the Contract Time will be permitted should the work be delayed due to the time required to obtain reviews of Deferred Approval items by Sacramento City. b. The Owner may grant a time only extension when the work is delayed by the time required to obtain Deferred Approvals, when such delay is beyond the control of the Architect or the Contractor, and when such a delay is not caused by an inadequate, incomplete or otherwise unacceptable Deferred Approval submittal.

B. Architect's review of a separate item shall not indicate acceptance of an assembly in which item functions.

C. Submittals without Contractor's stamp will be returned without disposition.

Delays resulting therefrom shall be Contractor's responsibility.

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D. Architect will return only two (2) copies of submittals marked "Revise & Resubmit," "Rejected" or "Submit Specified Item" to Contractor. Resubmittal shall be made in the number of copies as were originally submitted.

E. One (1) favorably reviewed sample will be returned to the Contractor and shall be kept on the job site until completion, available for ready reference.

1. Unfavorably reviewed samples will not be returned. Contractor shall be notified in writing by Architect of reason(s) for rejection of submitted sample.

3.07 SUBMITTALS AND SAMPLES AT THE SITE:

A. One (1) copy of each favorably reviewed submittal shall be kept on the job site until completion, available for ready reference.

B. No submittals reviewed and marked "Revise and Resubmit", "Rejected" or "Submit Specified Item" shall be kept at the job site.

C. Samples: Refer to Article 3.06.E.

3.08 CORRECTIONS:

A. Immediately incorporate all required corrections in the submittals and resubmit for further review, if required. Resubmit in number of copies as were originally submitted.

END OF SECTION 01300
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SECTION 01311

SCHEDULES AND REPORTS
PART 1 GENERAL

1.01 GENERAL REQUIREMENTS
A. The Work under this Contract will be planned, scheduled, executed and reported using the Critical Path Method (after this called CPM).

B. The Contractor is required to comply with all procedures specified herein and with any reasonable changes that may be necessary, in the opinion of the Architect, during the Contract duration.

C. The system shall comprise network diagrams, summary bar charts, and accompanying mathematical analyses. The diagrams shall show elements of the project in detail and the entire project summary.

1. Diagrams shall show the order and interdependence of activities and the sequence in which the work is to be accomplished as planned by the Contractor. The basic concept of a network analysis diagram will be followed to show how the start of a given activity is dependent on the completion of preceding activities and how its completion restricts the start of following activities. Show similar activities which occur in separate areas or at different times as separate activities. The number of activities and the level of breakdown of the project into separate activities shall be acceptable to the City.

2. Network activities shall include the following:
a. all construction activities.
b. submittals and approvals of materials and shop drawings. c. the procurement , fabrication, and installation of critical materials and equipment.
d. all activities of the City or others that affect progress. e. actions which must be complete prior to start of
construction, for example, progress schedule approval,
quality control program approval, and so forth.
f. activities for separate buildings and/or features shall be identified and grouped on the network and the
interdependence of these groups shall be shown.
g. individual system startup and operation testing.
h. Substantial Completion activity shall be shown comprising requirements specified in Division I to occur prior to the completion date.
i. contract required dates for completion of all or parts of the work
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j. Final completion and acceptance activity late finish shall not exceed thirty days after substantial completion.

3. Show the following information on the diagrams for each activity:

Preceding and following event numbers, description of the activity, and activity duration in calendar days. In calculating activity durations, Saturdays, Sundays, holidays, and normal inclement weather shall be considered. The network diagram shall conform to the standards demonstrated in the sample attached at the end of this Section.

4. The mathematical analysis of the network diagram shall include a tabulation of each activity. The following information will be furnished as a minimum for each activity.
a. preceding and following event numbers;
b. activity description;
c. estimated duration of activities;
d. earliest start date (by calendar days);
e. earliest finish date (by calendar days);
f. actual start date (by calendar days);
g. actual finish date (by calendar days);
h. latest start date (by calendar days);
i. latest finish date (by calendar days);
j. slack or float (in calendar days);
k. percentage of activity completed; and
l. Contractor's earnings based on portion of activity
completed.

5. The mathematical computation shall compile the total value of completed and partially completed activities; and subtotals from separate buildings or features. The system shall also be capable of accepting revised completion dates as modified by approved time adjustments, shall re-compute all dates and float accordingly.

6. The analysis shall list the activities in sorts or groups as follows:
a by the preceding event number from lowest to highest and then by the order of the following event number;
b. by the amount of slack, then in order of preceding event number;
c. in order of latest allowable start dates, then in order of preceding event numbers, and then in order of succeeding event number; and
d. in order of latest allowable finish dates, then in order of preceding event numbers.

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e. by responsibility in order of earliest allowable start dates;

7. Obtain information from subcontractors and others necessary to establish logic relationships, and durations. Resource loading is not required for activities other than those of the contractor and subcontractors.

8. Resource Loading: Each activity shall have a corresponding schedule of quantities of labor, materials, equipment, and other resources directly incorporated into the activity.

D. All milestones or Specific Completion Dates listed in these specifications, or elsewhere in the Contract Documents, represent only the major items of construction/erection work or interface dates. The Completion Dates are considered essential to the satisfactory performance of this Contract and to the coordination of all work on the project.

1. The Specific Dates listed represent the latest allowable completion dates. Earlier completion dates may be established as agreed by the Contractor, the Architect and the Owner.

E. Should the Contractor plan to complete the Work earlier than any required Milestone or Completion date, the Owner or the Architect shall not be liable to the Contractor for any costs or other damages if the Contractor is unable to complete the Work before such Milestone or completion date.

F. The Contractor shall provide and input all information required for development of the schedule for the work according to the requirements of this Section.

G. The Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the City. Resubmit any revisions necessary as a result of this review for approval by the City within fifteen (15) calendar days after the conference. The approved schedule shall then be used by the contractor for planning, organizing and directing the work, for reporting progress, for requesting payment for work accomplished, and as the basis for any discussion or negotiation of time extensions. If changes in the method of operating or in scheduling are made, notify the City in writing stating the reasons for the change. The City may require revision and resubmittal for approval, without additional cost to the City, of all of the affected portion of the detailed diagrams and mathematical analysis showing the effect of any such change on the entire project. A change requiring resubmittal is one for which variation in estimated or actual activity duration, or variation in the logic sequence of activities creates a reasonable doubt, in the City's opinion, as to the contractor's ability to meet the contract completion date or dates; or which reflects a change in the logic relationships of activities on the critical path.

H. The purpose of the project schedule and the planning meeting shall be to:

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1. Assure adequate planning, scheduling and reporting during execution of the contract;

2. Assure coordination of the work of the Contractor and the various subcontractors and suppliers;

3. Assist the Contractor in monitoring the progress of the work and evaluating proposed changes to the Contract;

4. Assist the Contractor in the preparation and evaluation of the Contractor’s monthly progress payments.

I. Should the Contractor choose to have an outside scheduling consultant prepare the initial schedule, the Contractor understands and agrees to comply with all requirements of this Section.

1.02 POST AWARD ACTIVITIES
A. Network Requirements

1. Within fifteen (15) calendar days of the Notice to Proceed, the Contractor shall submit to the Architect for review and comment, a CPM Schedule in precedence form for the construction/erection work scope. The Contractor shall provide three hardcopies and one electronic copy. Each succeeding submittal of the schedule will have the same requirements for number and type of submittal as the first. The scheduling program shall be Microsoft Project, no substitutions will be allowed. The CPM Schedule shall provide a complete and detailed sequence of operations of the Work within the time limits specified in the Contract.
a. The CPM Schedule diagram shall include:
(1) The order and interdependencies of the Contractor’s activities and the major points of the interface or
interrelation with the activities of others, including
Specific Dates for completion. The following criteria
shall form the basis for assembly of the logic:
(a) What activity must be completed before a
subsequent activity can be started?
(b) What activities can be done concurrently? This
includes activities with Start-to-Start and
Finish-to-Finish relationships with or without
leads and lags.
(c) What activity must be started immediately
following a completed activity?
(2) Activities should be linked between major area
separations of the project so that the individual areas do not imply complete independence. The critical
path should run through all major areas, since the
entire project must be completed.

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(3) Conformance with and identification of the Specific Dates specified in the Contract Documents.
(4) The description of work by activity.
(5) Off site activities: The Contractor shall include in the CPM Schedule all procurement activities, which lead
to the delivery of materials to the site. Upon written
approval from the Architect, these activities may be
submitted as a separate Off-Site Activities Schedule,
properly correlated to the CPM Schedule. The
Schedule of Off-Site Activities shall include the
following:
(a) Dates for submittals, ordering, manufacturing
or fabricating, and delivery of equipment and
materials. Long lead items requiring more than
one month between ordering and delivery to
the site shall be clearly noted;
(b) All significant Contractor activities during the
fabrication and erection/installation in a
Contractor’s plant or on a job site, including
materials / equipment purchasing, and delivery;
(c) Contractor’s drawings and submittals to be
prepared and submitted to the Architect.

The Contractor shall be solely responsible for
expediting the delivery of all material to be furnished by him so that construction progress is maintained
according to the current Schedule for the Work.

Submittals, equipment orders and similar items are to
be treated as Schedule activities, and shall be given
appropriate activity numbers.
(6) Delivery of Owner-furnished material and equipment. (7) Shop fabrication and delivery.
(8) Critical Path (or Paths).
(9) Testing of equipment and materials.

B. The identity, duration and logic of activities comprising the CPM Schedule shall meet the following criteria:

1. Activity boundaries shall be easily measurable and descriptions shall be clear and concise. Do not preface activity descriptions with “Begin” or “Complete.” The beginning and end of each activity shall be readily verifiable, and progress should be quantifiable.

2. Responsibility for each activity shall be identified with a single performing organization.

3. The cost component for each activity shall be provided. The sum of the activity cost components shall equal the contract price. No Page

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costs, however, shall be assigned to manufacture or delivery activities.

4. Potential problems or constraints related to the implementation of the construction plan shall be identified in writing.

5. Seasonal weather conditions, utility coordination, no-work periods, expected job learning curves, and other foreseeable delays to activities shall be considered and included in the planning and scheduling of all work. Seasonal weather conditions shall be based upon the historic weather records published for the local Contractors by National Data Centers.

6. Maximize Start-To-Start and Finish-To-Finish activity relationships.

Overlapping activities minimizes out-of-sequence problems that arise when most relationships are Finish-To-Start with zero lead or lag.

7. Imposed completion dates for events other than the Specified Completion Dates will not be permitted.

8. The level of detail of the CPM Schedule shall be such that activity durations over fifteen (15) working days shall be kept to a minimum except for non-construction activities such as shop drawing and sample submittals, fabrication and delivery of materials and equipment, delivery of equipment, concrete curing, and General Conditions activities, or with the approval of the Architect. The Architect has final approval of, and can request further breakdowns of activities, in order to facilitate tracking and accuracy of pay requests.

9. The CPM Schedule shall show an early completion date for the project that is not later than the project’s required completion date.

All activity durations shall be given in working days. The CPM Schedule also shall show the following for each activity:
a. Interfaces with the work of outside contractors, e.g., utilities, power, and with any separate contractor.
b. Description.
c. Estimated duration.
d. Early start (by calendar date).
e. Late start (by calendar date).
f. Early finish (by calendar date).
g. Late finish date (by calendar date).
h. Total float available in workdays.
i. Actual start date (by calendar date).
j. Actual finish date (by calendar date).
k. Activity code(s).
l. The Critical Path for the project, with said path of activities being clearly and easily recognizable on the time-scaled CPM Schedule Diagram. The relationship between all noncritical activities and activities on the Critical Path shall be clearly shown on the CPM Schedule Diagram.

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m. The dollar value of each activity, not exceeding $20,000. n. The responsibility code for the Contractor or Subcontractor performing each activity or portion of the activity.
o. The percentage complete of each activity in progress or completed whether manually input or computer calculated. p. An activity related to “Punchlist” will be incorporated into the schedule and schedule of values in an amount not less than 1% of total contract amount. Payment for this activity will be made upon satisfactory completion of all punchlist work.

C. Submittals

1. Within fifteen (15) calendar days after Notice to Proceed, the Contractor shall submit to the Architect for review and comment, a CPM Schedule in precedence form for the construction/erection work scope. The submittal of the contract scheduling documents shall include:
a. A plotter-generated time-scaled network diagram showing activity descriptions, durations and relationships between activities. The critical path should be easily identifiable.

D. Approval Process

1. The Architect will review the Contractor’s Schedule, and shall have five (5) working days to review and comment in writing.

2. The Contractor shall revise and resubmit the Schedule as soon as practical but in all cases within fourteen (14) calendar days. The Architect will have three (3) working days to review and comment on the revised Schedule.

3. Once the Schedule is approved, it will become the official Project Schedule and will be used to monitor progress of the Work, subject to such revisions made to the Schedule as provided for herein or in the Contract Documents, and to support requests for payment.

4. Acceptance by the Owner of the Contractor’s CPM Schedule shall not relieve the Contractor of the responsibility for accomplishing the Work within every Contract-required Milestone and Completion date. The Owner disclaims any obligation or liability due to acceptance of the CPM Schedule.

5. If the Contractor fails to provide the schedules within the time prescribed, or revisions to the schedule within the requested time, the Owner may withhold approval of payment until the Contractor submits the required information.

1.03 UPDATES
A. The Contractor understands and agrees that their schedule is intended to accurately reflect at all times the status of the Project construction. The Contractor also understands and agrees that updating the schedule is a Page

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key component of this requirement and will make every reasonable effort to provide current information.

B. Throughout the progress of the Work, the Contractor shall prepare and maintain a two-week manual bar chart field schedule reflecting the schedule of work activities accomplished for the previous week and the work scheduled for the forthcoming two weeks. This manual field schedule shall be updated weekly.

1.04 PROGRESS PAYMENTS
A. The submission and approval of progress updates and the calculations of the value of work done for any given pay period for each activity based on the percentage complete for that activity less the amount previously paid for past percentages complete and percent of retainage shall be an element of the evaluation of Progress Payments.

B. No payment for work will be approved until the Contractor has complied with the provisions of this Section.

C. An initial application for Payment for expenditures not directly related to Work accomplished at the project will be allowed before the acceptance of the Contractor’s schedule. This payment will be limited to such items as Permits, Bonds, Mobilization, and Insurance. Requests for payment for work items not included above will be denied without an approved schedule.

1.05 RECOVERY SCHEDULE
A. In the event that certain activities shown on the Contractor’s CPM Schedule fall behind to the extent that any of the specific Dates are in jeopardy, the Contractor shall be required, at no extra cost to the Owner, to prepare and submit to the Architect a supplementary Recovery Schedule, in a form and detail appropriate to the need, to explain and display how he intends to reschedule those activities to regain compliance with the CPM Schedule during the immediate subsequent pay period.

B. The Contractor shall do the following, after determination of the requirement for a Recovery Schedule:

1. Within three (3) calendar days, the Contractor shall submit a Recovery Schedule for acceptance to the Architect. The Recovery Schedule shall be prepared to similar level of detail as the CPM Schedule and shall have a maximum duration of one (1) month.

2. Any revisions necessary because of this review shall be resubmitted by the Contractor for acceptance within two (2) calendar days of the conference. The approved Recovery
Schedule shall then be the Schedule that the Contractor shall use in planning, organizing, directing, coordinating, performing and executing the Work (including all activities of subcontractors, regain compliance with the CPM Schedule. equipment vendors and suppliers) for its one (1) month duration.

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1.06 REVISIONS REQUESTED BY CONTRACTOR
A. The Contractor understands and agrees that their schedule is intended to accurately reflect at all times the status of the Project construction. The Contractor also understands and agrees that changes or revisions to the schedule are key components of this requirement and will make every reasonable effort to provide information as quickly as possible so that the CPM Schedule accurately reflects current conditions.

B. Should the Contractor, after approval of the initial CPM Schedule want to change the plan of construction, he shall submit the requested revisions to the Architect including a description of the logic for rescheduling the work, methods of maintaining adherence to intermediate milestones and specific dates and the reasons for the revisions.

C. The Contractor shall revise the schedule to include the effect of changes, acts of God or other conditions or events that have affected the CPM Schedule. The Architect will have three (3) working days to review and either approve the change or reject the change in writing to the Contractor.

If the requested changes are approved by the Architect they will be incorporated by the Contractor into the CPM Schedule in the next reporting period.

D. When the Owner orders changes by Change Order that have the potential to impact the Contract Milestones or Specific Dates stipulated, the Contractor shall provide (when owner requests) a revised schedule indicating possible impacts. Should the Owner accept the change, it will be incorporated into the CPM Schedule by the Contractor.

E. Neither the updating or revision of Contractor’s Detailed Construction Schedule nor the submission, updating, change or revision of any report or schedule for Owner’s review or non-objection of any such report or schedule, have the effect of amending or modifying, in any way, the contract Time, any Contract Completion Date, or Contract Milestone Dates or of modifying or limiting in any way contractor’s obligations under this Contract.

F. If at any time during the construction, it appears to the Architect that the Contractor’s schedule no longer represent the actual prosecution and progress of the work, the Architect will request in writing a revision to the schedule. Any “out of sequence progress” problems will be considered evidence that the schedule needs revising. The Contractor then has three (3) working days to respond to that written request. In the event the Contractor does not agree with the conclusion of the Architect regarding the schedule status of the project, it shall be resolved in accordance with the disputes clause of the contract.

G. Failure to furnish any required submittal or information specified herein shall constitute a cause for withholding any part of progress payments.

1.07 FLOAT TIME
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A. Float or slack time is the amount of time between the earliest start date and the latest start date, or between the earliest finish date and the latest finish date of a chain of activities on the CPM Schedule. Float or slack time is not for the exclusive use or benefit of either the Contractor or the Project. Contractor’s work shall proceed according to start dates, and Architect shall have the right to reserve and apportion float time according to the needs of the project.

1.08 DELAYS AND TIME EXTENSIONS
A. When the Contractor experiences change orders or delays and the Contractor requests an extension of time, the Contractor shall submit to the Architect a written Time Impact Analysis illustrating the impact of each change or delay on the current contract schedule completion date. The activity times used in the Time Impact Analysis shall be those included in the latest project schedule update.

B. Extensions of time for performance as described in the Contract Documents will be granted only to the extent that time adjustments for the activity or activities affected by any condition or event that entitles the Contractor to a time extension exceed the total float or slack along the path of activities affected at the time of Notice to Proceed of a Change Order or the commencement of any delay or condition for which an adjustment is warranted under the Contract Documents.

C. Each Time Impact Analysis shall be submitted within five (5) calendar days after a delay occurs or notice of direction for proceeding with a change order is given to the Contractor. If the contractor does not submit a Time Impact Analysis within the specified time period, the Contractor’s rights to any additional time and cost are waived.

D. Approval or rejection of each Time Impact Analysis shall be made within five (5) calendar days after receipt, unless subsequent meetings and negotiations are necessary. A copy of the approved Time Impact Analysis signed by the Owner and the Architect will be returned to the Contractor for incorporation into the schedule. The changes to the schedule will be incorporated into the Project Schedule during the first update after agreement is reached on the Time Impact Analysis.

E. In the event the Contractor does not agree with the decision of the Owner regarding the impact of a change or delay, it shall be resolved in accordance with the disputes clause of the contract.

1.09 COORDINATION
A. The Contractor shall coordinate the work with that of the other contractors and shall cooperate fully with the Project Manager in maintaining orderly progress toward completion of the Work as scheduled.

B. Failure of Owner-furnished equipment and materials to arrive as scheduled, or failure of other construction contracts to meet their Page

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schedule, shall not be justification for an extension of time, except where such failure causes, in the opinion of the Architect, an unreasonable delay in the Contractor’s work, in which case the provisions of the General Conditions regarding extensions of time and extra work shall apply.

C. The Contractor shall keep itself and subcontractors advised always while the work is progressing regarding delivery status of Owner-furnished equipment and material and of the progress of construction work being performed under separate contracts.

D. The Contractor shall involve all applicable Subcontractors in the schedule development, updating, and revisions, if required.

1.10 DEFAULT
A. Failure of the Contractor to comply with the requirements of this Section shall constitute reason that the Contractor is failing to prosecute the Work with such diligence as will insure its completion within the Contract items and may be considered as one of the grounds for termination by the Owner.

1.13 DAILY CONSTRUCTION REPORTS
A. The Contractor shall prepare and submit to the Architect a daily construction report, recording the following information concerning events at the site. Keep a copy at the site in a separate binder and submit duplicate copies to the Architect:
a. List of subcontractors at the site.
b. Approximate count of personnel per trade at the site. c. High and low temperatures, general weather conditions. d. Accidents and unusual events.
e. Meetings and significant decisions.
f. Stoppages, delays, shortages, losses.
g. Meter readings and similar recordings.
h. Emergency procedures.
i. Orders and requests of governing authorities.
j. Change Orders received, implemented.
k. Services connected, disconnected.
l. Equipment or system tests and start-ups.
m. Partial completions, occupancies.
n. Substantial Completions authorized.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
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END OF SECTION 01311
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AQUATICS POOL RESURFACING PROJECT CERTIFICATE OF COMPLIANCE JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01313, Page 1 CERTIFICATE OF COMPLIANCE – 01313 – PAGE 1
SECTION 01313

CERTIFICATION OF COMPLIANCE
The Contractor does hereby certify that all work has been performed and materials supplied in accordance with the drawings, specifications and Contract Documents for the above Work, and that:

No less than the prevailing rates of wages as ascertained by the governing body of the Contracting agency has been paid to laborers, workmen and mechanics employed on this Work;
There have been no unauthorized substitutes of Subcontractors; nor have any subcontractors been entered into without the names of the Subcontractors having been submitted to the Owner prior to the start of such subcontracted work;
No subcontract was assigned or transferred or performed by any Subcontractor other than the original Subcontractor, without prior notice having been submitted to the Owner together with the names of all Subcontractors;
All claims for material and labor and other service performed in connection with these specifications have been paid;
In WITNESS WHEREOF, the undersigned has signed and sealed this instrument this day , 2 .

Firm Name
Signature
Title
(Attest)
(SEAL IF BIDDER IS A CORPORATION)
As determined necessary, evidence of compliance may be required to be submitted with and made a part of this Certificate of Compliance.

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SECTION 01313

CERTIFICATION OF COMPLIANCE
PART 1 GENERAL

1. No final payment shall be made until the Contractor files with the Owner, prior to acceptance of the Work, a notarized Certification of Compliance in the following form.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01313
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AQUATICS POOL RESURFACING PROJECT SHOP DRAWINGS
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SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
PART 1 GENERAL

1.01 DESCRIPTION
A. Submit, to the Architect shop drawings, product data and samples required by Specifications Sections or as specifically requested by Architect.

B. Related requirements specified elsewhere:

1. Section 01311: Project Schedule

2. Section 01700: Contract Closeout:

3. Section 01780: Record Documents
C. The Contractor shall prepare and submit to Architect with Construction Schedule, a separate schedule listing dates for submission of all required shop drawings, product data and samples, tied into Construction Schedule with appropriate logic.

1.02 SHOP DRAWINGS
A. Original drawings, prepared by Contractor, subcontractor, manufacturer, supplier or distributor, which illustrate some portion of the Work showing fabrication, layout, setting or erection details.

B. Shop drawings shall be prepared for this particular project.

Drawings prepared specifically for other projects and revised for this project will be rejected.

C. When necessary, base shop and setting drawings upon actual measurements taken at site and other job conditions. Show any variations and revisions to Contract Documents that are necessary for proper installation of work. Fabrication or installation of work shall not be started until shop or setting drawings have been checked and returned with "furnish as submitted" or "furnish as corrected" indicated by Architect.

D. Identify details by reference to sheet and detail numbers shown on Contract Drawings.

E. Submit shop drawings, required by Contract Documents for execution of Work, to Architect not later than 15 days prior to contemplated or actual need in shop or at site, and earlier where more time may be required for review.

F. Provide shop drawings with cross-reference to drawing and detail numbers on Contract Drawings to facilitate review.

G. Provide shop drawings which demonstrate to Architect that:

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1. Contractor understands design concept of certain portions of Work.

2. Equipment and material to be provided meet design and technical requirements of Contract Documents.

3. Methods of fabrication and installation.

H. After review, reproduce and distribute in accordance with Section 01300.

1.03 PRODUCT DATA
A. Manufacturer's standard schematic drawings:

1. Modify drawings to delete information that is not applicable to project.

2. Supplement standard information to provide additional information applicable to project.

B. Manufacturer's catalog sheets, brochures, diagrams, schedules, performance chart, illustrations and other standard descriptive data.

1. Clearly mark each copy and identify pertinent materials, products or models.

2. Show dimensions and clearances required.

3. Show performance characteristics and capacities.

4. Show wiring diagrams and controls.

C. Submit product data required by Contract Documents for execution of work, to Architect not later than 15 days prior to contemplated or actual need in shop or at site, and earlier where more time may be required for review. See Section 01300.

D. Provide product data with cross-reference to Specifications Section of Project Manual to facilitate review.

E. Submit number of copies per section 01300.

F. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents.

1.04 SAMPLES
A. Provide physical examples to illustrate materials, equipment or workmanship and to establish standards by which completed work is judged.

B. Office Samples: Of sufficient size and quantity to clearly illustrate:

1. Functional characteristics of product or material, with integrally related parts and attachment devices.

2. Full range of color samples.

3. After review, samples may be used in construction of Project.

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4. Include identification on each sample, with full Project information.

5. Submit samples in ample time for review or selection, as applicable, so as to not delay Work.

6. Take into account delivery time of all manufactured items when submitting samples.

C. Submit samples of size and quantity specified, or, if not specified, of sufficient size and quantity to illustrate functional and aesthetic characteristics of Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.

D. Submit samples of finishes from full range of manufacturers' standard colors, or in specified custom colors, textures, and patterns, for Architect selection.

E. Field Samples:

1. Construct each sample complete, including work of all trades required in finished Work.

2. After acceptance, where appropriate and upon Architect written approval, field samples may be incorporated into Project.

3. When directed, remove field samples not incorporated into Project from site.

1.05 MANUFACTURER'S INSTRUCTIONS
A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data.

B. Identify conflicts between manufacturers' instructions and Contract Documents.

1.06 MANUFACTURER'S CERTIFICATES
A. When specified in individual specification Sections, submit manufacturers' certificate to Architect for review, in quantities specified for Product Data.

B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate.

C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Architect.

1.07 REQUIRED SUBMITTAL QUANTITIES TO ARCHITECT
Prints
A. Construction Schedule:

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1. 8-1/2 x 11 inch size: 7

2. Larger than 8-1/2 x 11 inch: 7
B. Survey Date:

1. 8-1/2 x 11 inch: 7

2. Larger than 8-1/2 x 11 inch: 7
C. Shop Drawings:

See specific section covering Shop Drawing submittal
requirements.

D. Product Data:

1. 8-1/2 x 11 inch: 7

2. Larger than 8-1/2 x 11 inch: 7
E. Office Samples:

See specific section covering product or material.

F. Field Samples:

See section covering specific system.

G. Schedule of Values 2

1.08 CONTRACTOR RESPONSIBILITIES
A. Review shop drawings, product data and samples prior to submission.

B. Verify:

1. Field measurements.

2. Field Construction criteria.

3. Catalog numbers and similar data.

C. Coordinate each submittal with requirements of Work and Contract Documents.

D. Contractor's responsibility for errors and omissions in submittals is not relieved by Architect's review.

E. Contractor's responsibility for deviations in submittals from requirements of Contract Documents is not relieved by Architect's review of submittals.

F. Notify the Architect, in writing at time of submission, of deviations in submittals from requirements of Contract Documents.

G. Begin no work that requires submittals until return of submittals with Architect's stamp and initials or signature indicating review.

H. After Architect's review, distribute copies.

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1.09 SUBMITTAL REQUIREMENTS
A. Make all submittals far enough in advance of scheduled dates for installation to provide all required time for review, for securing necessary approvals, for possible revision and re-submittals and for placing orders and securing delivery. Submission of all shop drawings shall be through the General Contractor.

B. Submit one (1) original and six (6) prints of shop drawings. These will be distributed as follows: Original plus (1) copy to remain with the Architect, (2) for the city, (1) which will be returned, and (3) copies of product data which Contractor requires for distribution.

Should the contractor require more copies for his use, he shall provide additional copies at no cost to the owner.

C. Submit number of samples specified in each specification section.

D. Unless otherwise specifically permitted by the Architect, make all submittals in groups containing all associated items. Partial submittals may be rejected.

E. Accompany submittals with transmittal letter, in duplicate, containing:

1. Date

2. Project title and number

3. Contractor's name and address

4. The number of each shop drawing, product data and sample submitted.

5. Notification of deviations from Contract Documents.

6. Specifications section it represents
F. Submittals shall include:

1. Date and revision dates

2. Project title and number

3. The name of:
a. Architect / Engineer
b. Contractor
c. Subcontractor
d. Supplier
e. Manufacturer
f. Separate detailer when pertinent

4. Identification of product or material

5. Relation to adjacent structure or materials

6. Field dimensions, clearly identified as such

7. Specifications section number

8. Applicable standards, such as ASTM number or Federal Specification

9. A blank space, for Architect review stamp
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10. Identification of deviations form Contract Documents

11. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of field measurements and compliance with Contract Documents.

1.10 RESUBMITTAL REQUIREMENTS
A. Shop Drawings:

1. Revise initial drawings as required and resubmit as specified for initial submittal.

2. Indicate on drawings any changes that have been made other than those requested by Architect.

3. Product data and samples: Submit new data and samples as required for initial submittal.

1.11 ARCHITECT'S DUTIES
A. Review submittals with reasonable promptness as mutually agreeable among the various parties.

B. Review for:

1. Design concept of project.

2. Information given in Contract Documents
C. Review of separate item does not constitute review of an assembly in which item functions.

D. Affix stamp and initials or signatures certifying the review of submittal.

E. Return submittals to Contractor for distribution.

F. The Architect may immediately reject any item without further review if it is not:

1. Accompanied by a transmittal letter containing the required information.

2. Submitted as a reproducible.

3. Stamped "approved" by the Contractor.

G. The review will be for conformance to the design concept and compliance with information given in the Contract Documents. The Architect will make notations directly on the reproducible.

H. The review is intended to foresee unacceptable products and to avoid the possibility of their rejection at the site. The review shall not be construed as:

1. Permitting a departure from the Contract Documents, unless specifically so noted.

2. Relieving the Contractor of the responsibility for errors or omissions.

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3. Acceptance of an assembly in which an approved item is a part.

4. Approval of variations from previously approved items.

5. Approval of dimensions.

I. The Architect will review all samples. Such review will be for appearance only. Compliance with all other requirements is the responsibility of the Contractor.

J. Where the Contract Documents require the design of structural, mechanical or electrical systems or components of systems by a supplier, or where a Contractor initiates a change in the design of a system or component thereof, such systems or components shall be designed by a registered professional Architect or Engineer and all calculations submitted to this Architect for his records, prior to starting fabrication or installation of the Work. This Architect will not be responsible for the designs of such other professional Architects or Engineers.

1.12 VARIATIONS FROM CONTRACT DOCUMENTS
A. If the Architect determines a variation from the Contract Documents is in the best interest of the Owner, and it does not involve change in the Contract price or item, the Architect, with the Owner's concurrence, may permit such variation.

B. Unless the Architect receives immediate written notification, he will assume the Contractor approves any variation shown.

C. If the Contractor fails to mention variations from the Contract Documents, he will not be relieved of the responsibility for executing the Work in accordance with the Contract Documents.

D. When a variation from the Contract Documents is permitted and such variation involves corresponding adjustments in an adjacent or related item, the responsibility for making and paying all costs for such adjustment rests with the Contractor requesting the original variation.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01340
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SECTION 01370

SCHEDULE OF VALUES
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

B. See also the Schedule of Values Form in the Contract.

1.02 DESCRIPTION
A. Work Included: Provide detailed Schedule of Value breakdowns, of the agreed Contract Sum, showing values allocated to each of the various parts of the Work, as specified herein and in other provisions of the Contract Documents.

B. Related Work

1. Documents affecting work of this Section include, but are not necessarily limited to, Conditions of the Contract, and Sections in Division 1 of these Specifications.

2. Schedule of Values is required by the Conditions of the Contract.

3. Schedule of Values is required to be compatible with the "continuation sheet" accompanying applications for payment.

1.03 QUALITY ASSURANCE
A. Use required means to assure arithmetical accuracy of the sums described.

B. When so required by the Architect, provide copies of the subcontracts or other data acceptable to the Architect, substantiating the sums described.

1.04 SUBMITTALS
C. Prior to first application for payment, submit a proposed Schedule of Values through the Architect to the Owner.

1. Meet with the Architect and determine additional data, if any, required to be submitted.

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2. Secure the Architect's approval of the Schedule of Values prior to submitting first application for payment.

3. Detail shall include, at a minimum, by site.
a. By building and/or site
b. By trade
c. By major activity
d. By activity
e. Equipment costs
f. Mobilization/submittal costs
g. Closeout services

4. Submit anticipated pay application draw (including Conditions of the Contract) for each month of the Project.

END OF SECTION 01370
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SECTION 01400

QUALITY CONTROL
PART 1 GENERAL

1.01 DESCRIPTION:

A. Section Includes:

1. Quality assurance and control of installation.

2. References.

3. Field samples.

4. Mock-up.

5. Inspection and testing laboratory services.

6. Contractor's inspection and testing responsibilities.

7. Testing laboratory responsibility.

8. State's responsibility

9. Manufacturers' field services and reports.

B. Related Sections:

1. Section 01340 - Submittals: Submission of Manufacturers' Instructions and Certificates.

2. Section 01615 - Delivery, Storage and Handling.

1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality.

B. Comply fully with manufacturers' instructions, including each step in sequence.

C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding.

D. Comply with specified standards as minimum quality for Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

E. Perform work by persons qualified to produce workmanship of specified quality.

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F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement.

G. Codes and Standard: Testing, when and where required, will be in accordance with pertinent codes and regulations and with selected standards of the American Society for Testing and Materials.

1.03 REFERENCES
A. Conform to reference standard by date of issue current on date of Contract Documents.

B. Obtain copies of standards when required by Contract Documents.

C. Should specified reference standards conflict with Contract Documents, request clarification from Architect before proceeding.

D. Contractual relationship of parties to Contract shall not be altered from Contract Documents by mention or inference otherwise in any reference document.

1.04 FIELD SAMPLES
A. Install field samples at site as required by individual specifications Sections for review.

B. Acceptable samples represent acceptable quality level for Work.

C. Where field sample is specified in individual Sections to be removed, clear area after field sample has been accepted by Architect.

D. Contractor shall be responsible for job site handling and curing of concrete, mortar and grout test specimens, in strict compliance with all applicable ASTM specifications.

1.05 MOCK-UP
A. Tests will be performed under provisions identified in this section and individual product sections.

B. Assemble and erect specified items, with specified attachment and anchorage devices, flashings, seals, and finishes.

C. Where mock-up is specified in individual Sections to be removed, clear area after mock-up has been accepted by Architect unless directed otherwise.

1.06 INSPECTION AND TESTING LABORATORY SERVICES
A. Owner will appoint, employ, and pay for services of independent firm to perform inspection and testing.

B. Special inspection required by Specifications, code or ordinance, shall be performed by a qualified inspector selected by Owner and approved by Architect.

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1. The Special Inspector shall be a person qualified to inspect the particular type of construction or operation requiring special inspection. He shall demonstrate his competence to the
satisfaction of the Sacramento City Building Official.

2. Inspection by the Special Inspector shall in no way relieve the Contractor of his obligation to perform the Work in accordance with the requirements of the Contract Documents.

3. Special Inspectors shall observe the work for conformance with the Drawings and Specifications and in accordance with the applicable provisions of California Building Code, latest edition, with any Sacramento City Amendments.

C. Contractor shall cooperate and afford every opportunity for such inspections.

1.07 CONTRACTOR'S INSPECTION AND TESTING RESPONSIBILITIES A. Cooperate with independent firm:

1. Furnish samples of materials, design mix, equipment, tools, storage and assistance as requested.

2. Provide access to work and manufacturer's operations.

3. Notify Architect and independent firm 24 hours prior to expected time for operations requiring services.

4. Contractor shall make arrangements with independent firm and pay for additional samples and tests required for Contractor's use not specified in the contract documents.

5. Furnish copies of mill test reports.

6. Furnish casual labor and facilities.
a. To provide access to work to be tested.
b. To obtain and handle samples at site.
c. To facilitate inspections and tests.
d. For laboratory's exclusive use for storage and curing of test samples.

7. Arrange with laboratory and pay for additional samples and tests required for Contractor's convenience.

8. Should Contractor elect to exercise certain options in Specifications Page

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necessitating additional testing or inspection, or if tests and/or inspections result from work performed other than during approved regular hours of work, costs for such testing and inspections shall be Contractor's obligation and Owner will make payment thereon and will deduct such costs from contract price.

B. Retesting:

1. Retesting required because of non-conformance to specified requirements shall be performed by same independent firm on instructions by Architect.

2. Should initial tests indicate non-compliance with Contract Documents, costs for both initial tests and subsequent retesting occasioned by non-compliance, and all other related costs, including additional Architect's services made necessary by such failure will be charged to Contractor by deducting such costs from Contract Sum/Price.

C. Notification: Contractor shall notify Testing Lab, Architect a minimum of 24 hours in advance of any operations scheduled for inspection and/or testing specified herein, to allow for laboratory assignment of personnel and scheduling of test. Work requiring inspections and testing by testing laboratory will not be performed without their qualified technician on the job site. If, after giving notice to the testing lab, the work requiring inspection and/or testing is not performed and the testing lab must make a second trip to the job site, the Contractor shall reimburse Owner for technicians time and travel expense. Where tests are required prior to Contractor starting work, Contractor shall arrange for testing far enough in advance so as not to delay the project or cause inconvenience to the testing lab.

D. Contractor's Responsibility: The testing laboratory service provided by the Owner shall not relieve the Contractor of his responsibility for compliance with the requirements of the Contract Documents. Testing laboratory services are provided for the sole and exclusive benefit of the Owner in monitoring the quality and performance of the Contractor's work. Results of tests made by the Owner's testing laboratory will be made available to the Contractor and shall be a basis for rejection of non-conforming or defective work. Additional tests/inspections required by the Owner shall not be the basis for any claim by the Contractor for additional compensation.

1.08 TESTING LABORATORY RESPONSIBILITY
A. General: Testing laboratory shall inspect, test and document work performed on this project as described hereinbefore.

B. Test Reports: Promptly furnish test reports of materials and work tested to Page

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the Architect, Contractor, and Owner. Test reports shall include the name of the project, General Contractor, applicable Subcontractor, and Testing Laboratory, the locations, dates, and time samples were taken and tested, type of test, identification of sample, location in which the work sample was taken, record of weather conditions, evaluation of test results, conformance or non-conformance of test results with Contract Documents, name and signature of technician taking sample and performing tests, and any other information required by Architect.

C. Inspection Reports: Furnish inspection reports for each site visit documenting activities, observations, and inspections of work; include observations on weather conditions, time and date, conditions and/or status of the work being inspected, actions taken, and recommendations or evaluation of the work. In addition to written reports, immediately notify Architect, Owner and Contractor of any portions of the work found to be in nonconformance with the Contract Documents.

1. The testing lab will promptly process and distribute required copies of test reports and related instructions to ensure necessary retesting and replacement of materials with the least possible delay.
a. Re-tests of all work shall be specifically indicated by the term "Retest" and shall be sufficiently descriptive to designate the date, location, and original test information indicating why the original was not in compliance with documents.

2. The Laboratory shall send all test reports to the Architect and the Contractor.

3. Special Inspection Reports: Within twenty-four (24) hours after each special inspection, submit two (2) copies of inspection reports to the Contractor, Architect, and Sacramento City building official.

Include the following:

Date Issued
Project Title and Number
Name of Inspector
Date and Time of Inspection
Identification of Specifications Section
Location in the Project
Type of Inspection or Test
Date of Test
Results of Tests and conformance with Contract Documents a. All Discrepancies shall be noted and brought to the attention of the Contractor for correction. If corrections are not made, notify the Architect and Sacramento City Building Official.

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b. Final Special Inspection Reports shall be signed and submitted by the special inspector, and shall state whether the work requiring special inspection was, to the best of his knowledge, in conformance with the approved Drawings and Specifications and the applicable workmanship provisions of the the California Building Code, Title 24 (latest edition), with Sacramento City Amendments.

D. Codes: Conform to the requirements of the California Building Code, Title 24 (latest edition), and other applicable sections and standards, and any special requirements of the local Building Official having jurisdiction.

E. Limits of Authority: Testing laboratory is not authorized to:

1. Release, revoke, alter or enlarge on requirements of the Contract Documents.

2. Approve or accept any portion of the work (as relates to the Contractor's obligation to conform to the Contract Documents.)

3. Perform any duties of the Contractor.

1.09 OWNER'S RESPONSIBILITY:

The Owner shall not be held liable for the actions (or lack of action) of the testing laboratory(s). The commencement of work by the Contractor shall indicate his understanding and agreement that all disputes or claims which may develop between the Owner's testing laboratory(s) and the contractor will be resolved directly between those two parties without involvement or responsibility on the part of the Owner, unless prior agreement is made in writing. Contractor shall advise the Owner of faulty inspections or tests performed by the testing laboratory but Owner shall not be held responsible for problems, damages, delays, replacement of defective work, etc. which may occur as result of the testing laboratory(s) faulty work in which case the Contractor's sole recourse shall be against the testing laboratory or other party at fault, but not against the Owner. Nothing in these specifications shall be construed as preventing the Contractor from hiring a separate testing laboratory to perform testing laboratory services, however, the Owner's testing laboratory inspections and tests shall be the basis for acceptance or rejection of the work by the Owner unless such inspection or tests are proven to be in error.

1.10 MANUFACTURERS' FIELD SERVICES AND REPORTS
A. Submit qualifications of observer to Architect 30 days in advance of required observations. Observer shall be subject to approval of Architect and Owner.

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observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance of equipment as applicable, and to initiate instructions when necessary.

C. Observers shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions.

D. Submit report in duplicate within 30 days of observation to Architect for review.

1.11 QUALITY CONTROL (QC) SYSTEM:

A. The QC system shall perform the following minimum requirements:

B. Inspection Procedures: The Contractor's inspection procedure shall be reported on the Contractor's Daily Quality Control Report and shall conform to the following:

1. Preparatory Inspection: Shall be performed by the Contractor prior to beginning any definable feature of work or job feature and shall include a preparatory phase conference with the City, and Architect. Contractor shall submit a tentative schedule of upcoming preparatory conferences for approval with the quality control plan, and provide an outline of how the QC will implement the particular phase of work two (2) days prior to each scheduled preparatory conference, following the format indicated in the Preparatory Inspection Report Form provided by the City. The City will review this outline prior to the conference. The conference shall include:
a. A review of agreement requirements;
b. A check to assure that all materials and/or equipment have been tested, submitted, and approved;
c. A check to assure that provisions have been made to
provide required testing;
d. Examination of the work area for completion of all
preliminary work.
e. A physical examination of required materials and equipment for conformance to approved shop drawings or submittal
data.

2. Initial Inspection: Shall be performed by Contractor as soon as a representative portion of the particular feature of work is complete and shall include examination of the quality of workmanship as well Page

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as a review of control testing for compliance with agreement requirements.

3. Follow-Up Inspection: Shall be performed by Contractor daily to assure continuing compliance with agreement requirements until completion of the particular feature of work.

B. In addition to the three-phase inspection procedure, the Contractor's Quality Control representatives shall perform the following:

1. Perform detailed review, prior to submittal, of all shop drawings, certificates of compliance, and material and equipment submittals called for under these specifications. Certify with each submittal that all items therein are correct and in strict accordance with the agreement drawings and specifications except as may be otherwise expressly stated. Furnish submittals only after review and certification.

2. Establish and maintain an effective quality control and inspection system, which will assure and document that all supplies and services conform to agreement requirements whether constructed or processed by the Contractor, or procured from subcontractors or vendors. Document the system as specified herein. Make all documents available for review by the City prior to the start of construction and throughout the life of the agreement, and notify the Cityand Architect in writing of any proposed change to his inspection system.

3. Implement the system by the establishment of a quality control organization headed on a full-time basis by the Contractor's quality control representative (CQC), who shall be physically on the project site for the duration of the project, and whose responsibility is to insure compliance with the agreement. The CQC shall be assisted by other personnel, industry-recognized testing laboratories, or manufacturer's representatives, who are qualified to perform the various inspections, tests, and equipment adjustments required.

4. Perform the number and type of tests required by the agreement specifications and by other publications referenced.

5. Provide current records and documents as specified.

6. Maintain an approved system for identifying the inspection status of supplies.

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7. Establish and maintain an effective system for controlling nonconforming material and removing materials and equipment which are not approved.

8. Maintain full-size marked-up drawings with survey notes, sketches; nameplate data, pricing information, description, and serial numbers of all installed equipment; and other information depicting as-built conditions. Maintain this information in a current condition at all times until acceptance of the work and make it available for review by City personnel at all times. All variations from the agreement plans, for whatever reason, shall be indicated in the same general detail utilized in the agreement plans. This information shall be furnished to the City a minimum of two weeks prior to Contractor's Certification of Substantial Completion.

C. After the agreement is awarded and before construction operations are started, the Contractor shall meet with the City and the Architect to discuss the QC system requirements. The meeting shall develop mutual understandings relative to system details , including the forms to be used for recording the inspections, administration of the system, and the interrelationship of Contractor and City inspection. Within five days after receipt of the Notice to Proceed the Contractor shall furnish to the City and Architect a QC system plan which shall include the procedures, instructions, and reports to be used. Construction shall not start until the Quality Control plan is approved. This document shall include as a minimum:

1. The inspection organization.

2. Number and qualifications of inspection personnel to be used.

3. Authority and responsibilities of inspection personnel.

4. Methods of inspection, including subcontractor's work.

5. Schedule for use of inspection personnel by types and phase of work.

6. Test methods including, as specified, name of qualified testing laboratory to be used, if applicable.

7. Schedule for use of non-Contractor personnel and facilities, such as manufacturer's representatives and approved testing
laboratories.

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8. Method of documenting inspection and testing.

9. A copy of a letter of direction to the Contractor's quality control representative, outlining CQC duties and signed by a principal officer of the firm.

D. Provide and maintain all measuring and testing devices, laboratory equipment, instruments, transportation, and supplies necessary to accomplish the required testing and inspection to be performed by the Contractor. Calibrate all measuring and testing devices at established intervals against certified standards which have known valid relationships to national standards. Make the Contractor's equipment available for use by the City for verification of their accuracy and condition as well as for any inspection or test desired.

E. Assure that the latest approved drawings, including shop drawings, specifications, and instructions required by the agreement, as well as authorized changes thereto, are used for fabrication, inspection, and testing.

1.04 QUALITY ASSURANCE BY CITY
A. The Contractor's Quality Control inspection system is subject to evaluation and verification inspection by the City to determine its effectiveness in supporting the quality requirements established in the agreement. The City may require joint City-Contractor inspections at any time and on a periodic basis to evaluate the effectiveness of the Contractor's Quality Control system.

B. The City reserves the right to inspect supplies, services, materials, and equipment required by this agreement. City inspection will not constitute acceptance; nor will it in any way replace Contractor inspection or otherwise relieve the Contractor of his responsibility to monitor and control the quality of construction.

C. The City may notify the Contractor of non-compliance with agreement provisions and the action to be taken. The Contractor shall immediately take corrective action. If the Contractor fails to comply promptly, the City may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor.

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AQUATICS POOL RESURFACING PROJECT QUALITY CONTROL
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01400, Page 11 QUALITY COMNTROL – 01400 – PAGE 11

1.05 RECURRING DEFICIENCIES:

A. In accordance with the General Conditions, the Contractor shall not build upon or conceal any feature of the work containing uncorrected defects.

Payment on deficient items will be withheld until defects are satisfactorily corrected. The cost of additional City testing resulting from failure to comply with agreement requirements shall be deducted from the agreement amount.

IF RECURRING DEFICIENCIES INDICATE THAT THE QUALITY

CONTROL SYSTEM IS NOT ADEQUATE, CORRECTIVE ACTION

SHALL BE TAKEN AS DIRECTED AND PROGRESS PAYMENTS WILL

BE WITHHELD UNTIL SUCH CORRECTIVE ACTION HAS BEEN
COMPLETED.

1.06 DAILY RECORD
A. The Contractor's Quality Control Inspectors shall maintain a daily record of all inspections and tests performed for each shift of Contractor or Subcontractor operations in the format directed. These records shall:

1. Identify the project

2. Include data on weather conditions

3. Indicate the Contractor and/or Subcontractors working and their respective areas of responsibility

4. List construction equipment, other than hand tools, at the job site and whether or not used on the report day.

5. Provide factual evidence that continuous quality control inspection and tests have been performed, including but not limited to the following:
a. maintenance of Shop Drawing and Submittal Register;
b. monitoring of equipment and materials upon arrival at the job site for compliance with approved shop drawings;
c. proper storage of equipment including documentation of this responsibility on the daily report;
d. type and number of inspections or tests involved; results of inspections or tests; nature of defects; causes for rejections; proposed remedial action; and corrective actions taken.

6. Include a current record of all inspections.

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AQUATICS POOL RESURFACING PROJECT QUALITY CONTROL
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01400, Page 12 QUALITY COMNTROL – 01400 – PAGE 12

7. Include a signed statement that all supplies and materials incorporated in the work are in full compliance with the terms of the agreement.

B. Furnish the City, on a daily basis, a legible copy of all inspection records for permanent retention. The daily record of inspections shall cover all work placement subsequent to the previous report and shall be verified by the Contractor's designated Quality Control representative. A sample of an acceptable Contractor Quality Control Report form shall be provided by the City. All specified tests or portions thereof, whether performed by the City or the Contractor, shall be recorded and attached to the daily report of the date upon which the test occurs. CQC shall record these tests on forms similar to the "Test Report" form provided by the City. The "Test Report" form shall be augmented as directed to include all of the test data required to provide a complete report.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01400
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AQUATICS POOL RESURFACING PROJECT CONST. FACILITIES
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01500, Page 1 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS – 01500 – PAGE 1 SECTION 01500

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 GENERAL

1.01 DESCRIPTION:

A. Section Includes:

1. Temporary Utilities: Electricity, lighting, heat, ventilation, telephone service, water and sanitary facilities.

2. Temporary Controls: Barriers, enclosures and fencing, protection of the Work and water control.

3. Construction Facilities: Access roads, parking, progress cleaning, and temporary buildings.

4. Removal: Utilities, facilities, and controls.

B. Related Sections:

1. Section 01710: Cleaning.

1.02 TEMPORARY UTILITIES
A. Temporary Electricity:

1. Provide and pay for power service required from Utility source.

B. Temporary Lighting:

1. Provide and maintain lighting for construction operations to achieve minimum lighting level of 2 watts/sq ft. Provide additional lighting for finish work where and when needed, or as required by the Contract Documents.

2. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails and lamps as required.

3. Maintain lighting and provide routine repairs.

C. Temporary Heat:

1. Provide and pay for heat devices and heat as required to maintain specified conditions for construction operations. Comply with codes, agencies, and regulations regarding usage of temporary space heaters.

D. Temporary Ventilation:

1. Ventilate enclosed areas to:

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AQUATICS POOL RESURFACING PROJECT CONST. FACILITIES
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01500, Page 2 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS – 01500 – PAGE 2 a. Assist cure of materials.
b. Dissipate humidity.
c. Prevent accumulation of dust, fumes, vapors, or gases. d. Provide local exhaust ventilation to prevent harmful dispersal of hazardous substances into atmosphere at all times.

E. Temporary Telephone and Facsimile (FAX) Service:

1. Provide, maintain and pay for telephone service and facsimile (Fax) on a dedicated line, to field office at time of project mobilization. a. Toll calls shall be paid by party making call.
b. Equip phone with answering machine.

2. Maintain services from start of work through building occupancy.

F. Temporary Water Service:

1. Provide, maintain and pay for suitable quality water service required for construction operations.

G. Temporary Sanitary Facilities:

1. Provide and maintain adequate number of required facilities and enclosures (see list below) for use of all persons and trades employed on Work during construction period.
a. Toilet facilities.
b. Washing facilities.
c. Other facilities as required.

H. Temporary First Aid Facilities: Provide adequate first aid facilities for construction personnel.

I. Temporary Fire Protection:

1. Take all precautions to prevent possibility of fire resulting from construction operations. Particularly avoid hazardous
accumulations of rubbish and unsecured flammable materials.

2. Provide emergency fire extinguishing equipment of adequate type and quantity, readily available and properly maintained.

3. Keep local Fire Department's telephone number prominently displayed near telephone.

1.03 TEMPORARY CONTROLS
A. Barriers and Fencing

1. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations.

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JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01500, Page 3 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS – 01500 – PAGE 3

2. Provide barricades and covered walkways required by governing authorities for public rights-of-way.

3. Protect non-owned vehicular traffic, stored materials, site and structures from damage.

4. Provide temporary commercial grade chain link fencing at the limits of construction for the duration of the project, until Project has been accepted or occupied by Owner. Maintain site fencing as needed and equip with vehicular gates with locks.

B. Water Control:

1. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment.

2. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion.

3. Exercise care in cleaning out equipment, etc., so as to prevent materials from clogging catch basins and yard drains.

4. Leave all drainage items clean and in proper working condition.

C. Dust Control:

1. Utilize water application or other methods approved by the local jurisdiction to control dust on access roads and the project site to the satisfaction of the Architect. Maintain dust control operation to prevent flying dust from leaving the project site. Use power sweepers for street cleaning as necessary.

2. Vacuum clean interior surfaces of building prior to start of finish painting.

3. Continue vacuum cleaning on as-needed basis until building is ready for Substantial Completion or Occupancy.

D. Pollution Control:

1. Burning or burying of rubbish and waste materials on Site is prohibited. Provide dump box for collection of waste materials.

2. Disposal of volatile fluid wastes (such as mineral spirits, oil or paint thinner) in storm or sanitary sewer systems is prohibited.

4. Keep Site and surrounding areas clear of accumulations of waste material and rubbish resulting from operations under this Contract.

Remove waste from Site immediately upon completion of Work.

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AQUATICS POOL RESURFACING PROJECT CONST. FACILITIES
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01500, Page 4 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS – 01500 – PAGE 4 E. Protection of Installed Work:

1. Do not remove temporary bracing and shoring until adequate permanent connections or structural elements are in final position and positively anchored.

2. Provide protective coverings at walls, projections, jambs, sills and soffits of opening.

3. Protect finished floors, stairs and other surfaces from traffic, dirt, wear, damage or movement of heavy objects, by protecting with durable sheet materials such as Tyvek.

4. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer.

5. Prohibit traffic from landscaped areas.

F. Vegetation Damage Control:

1. Protect all existing trees to remain on site from foliage, trunk, and root damage.

2. Provide barricades and maintain same around all trees, shrubs or other landscaped areas adjacent to work of this Contract to protect such areas from damage of any nature caused by construction operations.

3. Replace any plantings damaged or destroyed with plants of equivalent size, type and nature as approved by Architect.

G. Exterior Enclosures:

1. Provide temporary weather tight closure of exterior openings to accommodate acceptable working conditions and
protection of Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification Sections, and to prevent entry of unauthorized persons.

2. Provide access doors with self-closing hardware and locks.

3. Provide temporary roofing as required.

H. Interior Enclosures:

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AQUATICS POOL RESURFACING PROJECT CONST. FACILITIES
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01500, Page 5 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS – 01500 – PAGE 5

1. Provide temporary partitions and ceilings as required to separate work areas from owner occupied areas, to prevent penetration of dust and moisture into Owner occupied areas, and to prevent damage to existing materials and equipment.

2. Construction: Framing and reinforced polyethylene sheet materials with closed joints and sealed edges at intersections with existing surfaces in accordance with ASTM E90 (maximum Flame Spread Rating of 75) and in accordance with ASTM E84.

I. Security:

1. Provide security and facilities to protect Work from unauthorized entry, vandalism or theft.

2. Provide temporary locks at all exterior doors after building is enclosed.

3. Coordinate with Owner’s Security program.

1.04 CONSTRUCTION FACILITIES
A. Access Roads

1. Construct and maintain temporary access to public thoroughfares to serve construction area.

2. Relocate as Work progress requires. Provide detours necessary for unimpeded traffic flow.

3. Provide and maintain access to fire hydrants, free of obstructions.

4. Provide means of removing mud from vehicle wheels before entering streets. Any dirt, mud or other debris tracked onto streets must be removed immediately.

5. Provide barricades, warning signs, flagmen or other traffic regulators which may become necessary for protection of public, construction personnel and property.

B. Parking:

1. Arrange for temporary parking areas to accommodate construction personnel, project visitors and Owner's Employees.

2. When site space is not adequate, provide additional off-site parking as allowed by the local jurisdiction

3. Do not allow construction personnel vehicle or equipment parking on existing pavement.

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JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01500, Page 6 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS – 01500 – PAGE 6

4. Designate one parking space each for Owner, and Architect.

C. Progress Cleaning:

1. Maintain areas free of waste materials, debris, and rubbish.

Maintain site in a clean and orderly condition.

2. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces and other closed or remote spaces prior to enclosing the space.

3. Broom and vacuum clean interior areas prior to the start of surface finishing and continue cleaning to maintain a dust-free space during the finishing operations.

4. Remove waste materials, debris, and rubbish from site periodically and dispose off-site.

D. Project Identification:

1. Provide one 4 x 8 foot project sign of MDO exterior grade plywood and wood frame construction, painted with exhibit lettering by professional sign painter to Architect's design and colors. Design supports, framing and surfaces to resist a minimum of 50 mph wind velocity.

2. List title of project and logo, names of Owner, Architect, and Contractor as defined by the Architect's design.

3. Erect on the site at location established by the Architect, and Owner.
a. Comply with requirements of authorities having jurisdiction. b. Obtain and pay for any required permits.

4. No other signs will be allowed without the Owner's permission except those signs required by law.

E. Field Offices and Sheds:

1. General: Furnish and install field office building(s) adequate in size and accommodation for all Contractor's offices, job site meetings, superintendent's office, supply room, tool room, and Architect.

Provide a 12 x 40 trailer for the City’s Project Manger. Contractor shall provide telephone and fax connection for City Manager’s use.

2. The Contractor will provide the Architect with a space adequate in size and accommodation for job site meetings, and includes; a desk/chair, phone, phone line, computer connection access and use of facsmile and copy machines (when applicable).

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AQUATICS POOL RESURFACING PROJECT CONST. FACILITIES
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01500, Page 7 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS – 01500 – PAGE 7

1.05 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Substantial Completion inspection.

B. Clean and repair damage caused by installation or use of temporary work.

C. Restore Owner's property, and adjacent private and public property damages or used during construction, to original condition. Restore permanent facilities used during construction to specified condition.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01500
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AQUATICS POOL RESURFACING PROJECT SUMMARY OF WORK
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01600, Page 1 MATERIAL AND EQUIPMENT – 01600 – PAGE 1
SECTION 01600

MATERIAL AND EQUIPMENT
PART 1 - GENERAL

1.01 RELATED WORK SPECIFIED ELSEWHERE:

A. Warranty: Section 01700.

B. Shop Drawings, Coordination Drawings and Schedules: Section 01300.

C. Manufacturer's Data/Samples: Section 01300.

1.02 MATERIAL AND EQUIPMENT SELECTION:

A. Comply with Standards and Specifications, including: size, make, type and quality specified.

B. Manufactured and Fabricated Products:

1. Design, fabricate and assemble in accord with the best engineering and shop practices.

2. Manufacture like parts of duplicate units to standard sizes and gauges, to be interchangeable.

3. Two or more items of the same kind shall be identical and by the same manufacturer.

4. Provide products suitable for service conditions.

5. Adhere to equipment capacities, sizes and dimensions shown or specified unless variations are specifically approved in writing.

C. Use material or equipment only for purpose for which it is designed or is specified.

D. Fabricate and install equipment to deliver its full rated capacity at the efficiency for which is was designed.

E. Select and install equipment to operate at full capacity without excessive noise or vibration.

F. Provide electrical products with Underwriters Laboratories label or as approved by the local inspection authority.

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AQUATICS POOL RESURFACING PROJECT SUMMARY OF WORK
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01600, Page 2 MATERIAL AND EQUIPMENT – 01600 – PAGE 2
G. All materials and products used in the construction of this project will be asbestos free in accordance with all applicable Federal, State and Local Authorities and Regulatory Agencies.

1.03 TRANSPORTATION AND HANDLING:

A. Arrange deliveries of products in accord with construction schedules, coordinate to avoid conflict with work and conditions at the site.

1. Deliver products in undamaged condition, in manufacturer's original containers or packaging, with identifying labels intact and legible.

2. Immediately upon delivery, inspect shipments to assure compliance with requirements of Contract Documents and assure products are properly protected and undamaged.

3. The Contractor shall promptly return all defective materials without waiting for their rejection by the Architect.

B. Provide equipment and personnel to handle products by methods to prevent soiling or damage to products or packaging.

1.04 STORAGE AND PROTECTION:

A. Store products in accord with manufacturer's instructions, with seals and labels intact and legible.

1. Store products subject to damage by the elements in weathertight enclosures.

2. Maintain temperature and humidity within the ranges required by manufacturer's instructions.

3. Protect equipment and systems from moisture, chemical or mechanical damage before and after installation.

4. Protect shafts and bearing housings from rust.

B. Exterior Storage:

1. Store fabricated products above ground, on blocking or skids, prevent soiling or staining. Cover products which are subject to deterioration with impervious sheet coverings, provide adequate ventilation to avoid condensation.

2. Store loose granular materials in a well-drained area on solid surfaces to prevent mixing with foreign matter.

C. Inspection: Arrange in a manner to provide easy access for inspection.

Make periodic inspections of stored products to assure that products are maintained under specified conditions, and free from damage or deterioration.

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AQUATICS POOL RESURFACING PROJECT SUMMARY OF WORK
JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01600, Page 3 MATERIAL AND EQUIPMENT – 01600 – PAGE 3
D. Protection After Installation:

1. Provide substantial coverings as necessary to protect installed products from damage from traffic and subsequent construction operations.

2. Plug or cap pipe and conduit openings to prevent the entrance of foreign matter.

3. Remove when no longer needed.

1.05 ALIGNING JOINTS IN FINISH MATERIALS:

A. It shall be the responsibility of the Contractor to make certain in the installation of jointed floor, wall, and ceiling materials that:

1. The joints align through in a straight line and in both directions wherever possible.

2. The joints shall be symmetrically placed wherever possible.

3. If, because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall meet the Architect at the site to determine the most satisfactory arrangement. The Contractor shall establish center lines for all trades.

1.06 SYSTEMS DEMONSTRATION:

A. Prior to final inspection, demonstrate operation of each system to Architect and Owner.

B. Instruct Owner's personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01600
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AQUATICS POOL RESURFACING PROJECT DELIVERY, STORAGE & HANDLING JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01615, Page 1 DELIVERY, STORAGE AND HANDLING – 01615 – PAGE 1
SECTION 01615

DELIVERY, STORAGE AND HANDLING
PART 1 - GENERAL

1.01 REQUIREMENTS
A. Provide for expeditious transportation and delivery of products to project site undamaged, on a schedule to avoid delay of the work.

B. Provide equipment and personnel at the site to unload and handle products in a manner to avoid damage to products.

C. Provide secure storage and protection for products to be incorporated into the work, and maintenance and protection for products after installation and until completion of the work.

1.02 DELIVERY
A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation.

B. Coordinate deliveries to avoid conflict with work and conditions at site.

1. Work of other contractors, or Owner.

2. Limitations of storage space.

3. Availability of equipment and personnel for handling products.

C. Deliver products in undamaged condition in original containers or packaging, with identifying labels intact and legible.

D. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts and to facilitate assembly.

E. Immediately upon delivery, inspect shipment to assure:

1. Product complies with requirements of Contract Documents and reviewed submittals.

2. Quantities are correct.

3. Containers and packages are intact, labels are legible.

4. Products are properly protected and undamaged. Minor damages may be repaired, with approval of the Architect, provided the finish items are equal in all respects to new work.

1.03 PRODUCT HANDLING
A. Provide equipment and personnel necessary to handle products, by Page

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methods to prevent soiling or damage to products or packaging.

B. Provide additional protection during handling as necessary to prevent scraping, marring, or otherwise damaging products or surrounding surfaces.

C. Handle products by methods to prevent bending or overstressing.

D. Lift heavy components only at designated lifting points.

1.04 STORAGE
A. Store products immediately on delivery, and protect until installed in the work. Store in accord with manufacturer's instructions, with seals and labels intact and legible.

B. Store products subject to damage by elements in substantial weather-tight enclosures.

1. Maintain temperatures within ranges required by manufacturer's instructions.

2. Provide humidity control for sensitive products, as required by manufacturer's instructions.

3. Store unpacked products on shelves, in bins, or in neat piles, accessible for inspection.

C. Exterior Storage:

1. Provide substantial platforms blocking, or skids to support fabricated products 4" above ground, prevent soiling or staining.

2. Cover products, subject to discoloration or deterioration from exposure to the elements, with impervious sheet coverings. Avoid use of nonvented plastic or canvas shelters that could create humidity chambers. Provide adequate ventilation to avoid condensation.

3. Store loose granular materials on solid surfaces such as paved areas, or provide plywood or sheet materials to prevent mixing with foreign matter.
a. Provide surface drainage to prevent flow or ponding of rainwater.
b. Prevent mixing of refuse or chemically injurious materials or liquids.

D. Arrange storage in manner to provide easy access for inspection.

1.05 MAINTENANCE OF STORAGE
A. Maintain periodic system of inspection of stored products on schedules basis to assure that:

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1. State of storage facilities is adequate to provide required conditions.

2. Required environmental conditions are maintained on continuing basis.

3. Surfaces of products exposed to elements are not adversely affected. Any weathering of products, coatings, and finishes is not acceptable under requirement of Contract Documents.

1.06 PROTECTION AFTER INSTALLATION
A. Provide protection of installed products to prevent damage from subsequent operations. Remove when no longer needed, prior to completion of work.

B. Control traffic to prevent damage to equipment and surfaces.

C. Provide coverings to protect finished surfaces from damage.

1.07 DAMAGED PRODUCTS
A. Damaged or deteriorated materials shall be removed from the premises.

Replace materials that have been damaged.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01615
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AQUATICS POOL RESURFACING PROJECT SUBSTITUTION & EQUAL FORM JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01630, Page 1 TO:

PROJECT:

SPECIFIED ITEM:

SECTION: PAGE: PARAGRAPH: DESCRIPTION:

The undersigned requests consideration of the following:

PROPOSED SUBSTITUTION:

Attached data includes product description, specifications, drawings, photographs, performance and test data adequate for evaluation of the requests; applicable portions of the data are clearly identified. Attached data also includes description of changes to Contract Documents which proposed substitution will require for its proper installation.

The undersigned states that the following paragraphs, unless modified on attachments, are correct:

1. The proposed substitution does not affect dimensions shown on Drawings.

2. The undersigned will pay for changes to the building design, including engineering, design, detailing and construction costs caused by the requested substitution.

3. The proposed substitution will have no adverse affect on other trades, the construction schedule or specified warranty requirements.

4. Maintenance and service parts will be locally available for the proposed substitution.

The undersigned further states that the function, appearance and quality of the proposed substitution are equivalent or superior to the specified item.

Submitted by: Title:

Signature: Date:

Firm: Phone:

Address:

Attachments:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Accepted: City NLA Rejected: City NLA
By: Date: (City)
By: Date: (NLA)
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AQUATICS POOL RESURFACING PROJECT SUBSTITUTION REQUEST & EQUALS JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01630, Page 1 SUBSTITUTION REQUESTS / EQUALS – 01630 – PAGE 1
SECTION 01630

SUBSTITUTION REQUESTS / EQUALS
PART 1 - GENERAL

1.01 DESCRIPTION
A. General:

1. This Section describes procedures for submitting, processing, and handling of requests for substitution and product options. Any substitution or option shall be in accordance with provisions of Contract Documents.

2. See Instructions to Bidders and General Conditions for additional information.

B. Address submittals to Architect.

1.02 PRODUCT SELECTION - GENERAL
A. Base all bids on materials, equipment and procedures specified.

B. Certain types of equipment and kinds of material are described in Specifications by means of trade names, catalog numbers and/or manufacturer's names. This is not intended to exclude from consideration other items which may be capable of accomplishing the purpose indicated.

C. Other types of equipment and kinds of material may be acceptable to Owner and Architect. (Prior approval required; see substitution request form at the end of this section).

D. Listing of a manufacturer implies acceptance of them only as supplier of a product which complies with specified item.

E. Equipment, materials and methods of construction, if not specifically indicated, must be approved in writing by Architect/Engineer and be agreed upon by Owner prior to letting of Contract.

F. Architect/Engineer reserves the right to require substitute items to comply color- and pattern-wise with base specified items, if necessary to achieve "design intent."
G. No substitution will be permitted after letting of Contract, except as indicated herein.

H. Conditional bids and voluntary alternates will not be considered.

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AQUATICS POOL RESURFACING PROJECT SUBSTITUTION REQUEST & EQUALS JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01630, Page 2 SUBSTITUTION REQUESTS / EQUALS – 01630 – PAGE 2

1.03 CONTRACTOR'S OPTIONS
A. For products specified only by reference standards, any product meeting standards may be used.

B. For products specified by naming several products or manufacturers, use any product or manufacturer named.

C. For products specified by naming one manufacturer and product, and several optional manufacturers or products, select any named product and manufacturer which meets all specification criteria.

1. Contract Documents are based upon use of primary manufacturer.

2. By use of optional manufacturer or product, Contractor acknowledges that he will be responsible for all adjustments to fit product to the Work and for providing all additional work, equipment, and services required by use of product, at no additional cost to Owner.

1.04 REQUESTS FOR SUBSTITUTION / OR EQUALS
A. Use form provided at the end of this section.

B. Request constitutes a representation that Contractor:

1. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product.

2. Will provide the same warranty for substitution as for specified product.

3. Will coordinate installation and make other changes which may be required for work to be complete in all respects.

4. Waives claims for additional costs which may subsequently become apparent.

C. Substitutions will not be considered when they are indicated or implied on Shop Drawings or product data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents.

D. Only one request for substitution will be considered for each product.

When substitution is not accepted, specified product shall be provided.

E. Failure of Contractor to submit proposed substitutions for review in the manner specified and within the time prescribed shall be sufficient cause for disapproval by Architect of any substitutions so proposed.

1. Where proposed substitutions are unacceptable to the Architect and originally specified item is not available through no fault of the Page

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Contractor, the Architect shall select an alternate product. When such a selection results in a change to the Contract Cost or the Contract Time, the Contract shall be adjusted in accordance with the "General Conditions of the Contract for Construction." F. Contractor shall certify that each product submitted as a substitution is considered asbestos free in accordance with all applicable regulations of Federal, State and Local Authorities and Regulatory Agencies.

G. “Or Equals” must be pre-approved prior to bid date.

1. Unless otherwise indicated, no item, material, or process will be reviewed later than 10 days prior to the Bid Date.

2. All requests for pre-approval must be in writing.

3. All items, materials or processes that are to be considered for pre-approval must be submitted in the manner described in the individual Specification Sections in which they appear, and must include all required and necessary support information, certificates, and product information needed for evaluation. Responsibility for assembling and providing adequate review material is solely that of the pre-approval applicant. Adequacy of the material submitted will be determined solely by the Architect, whose decision will be final.

4. Inadequate applications will not be reviewed. Neither the Architect nor the Owner has an obligation to notify applicants of inadequate applications prior to the established cut-off dates for review.

5. Neither the Architect nor the Owner has an obligation to review proposed equals prior to Bidding unless pre-approval of a particular material, method or item of equipment is expressly required in the Specifications.

1.05 SUBMITTAL DATA
A. Complete data substantiating compliance of proposed substitution with Contract Documents. (Note: It is the responsibility of the submitter to supply the Architect with complete description and technical information so that the Architect can properly appraise the submittal. Lack of proper and sufficient information will be sufficient cause for rejection. Burden of proof of merit of requested substitution is on submitter.)
B. For products:

1. Products identification, including manufacturer's name.

2. Manufacturer's literature, marked to indicate specific model, type, size, and options to be considered:
a. Product description.
b. Performance and test data.
c. Reference standards.

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AQUATICS POOL RESURFACING PROJECT SUBSTITUTION REQUEST & EQUALS JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01630, Page 4 SUBSTITUTION REQUESTS / EQUALS – 01630 – PAGE 4
d. Difference in power demand, air quantities, etc.
e. Dimensional differences from specified unit.

3. Full size samples if requested. Architect reserves the right to retain the sample until physical units are installed on project for comparison purposes. Requester will pay all costs of furnishing and return of samples. Architect is not responsible for loss of, or damage to, samples.

4. Name and address of similar projects and name of Owner's Representative who can be contacted to discuss product, installation, and field performance data.

5. List other local projects for which the submitted product has been approved for use.

6. For construction methods:
a. Detailed description of proposed method.
b. Illustrate on drawings.

7. Itemized comparison of proposed substitute to specified item.

8. Data relating to changes in construction schedule.

9. Relation to separate contracts.

10. Cost of proposed substitution in comparison with product or method specified.

1.06 SUBSTITUTION AFTER BID DATE
A. No substitutions will be considered after bid date except for: Nonavailability of specified item due to strikes, lockouts, bankruptcy, discontinuance of production, proven shortage, or similar occurrences or when the contractor pays the owner a credit acceptable to the Owner and compensates the Architect for additional review time.

B. Notify Architect, in writing (with a copy being sent to the Owner) with substantiating data as soon as non-availability becomes apparent, to avoid delay in construction.

C. Forward submittal data as required for substitutions above.

1.07 REJECTION OF SUBSTITUTION OR “EQUALS”
A. Substitutions and/or “Equals” will not be considered if:

1. They are indicated or implied on shop drawings, or project data submittals, without formal request submitted in accordance with this Section.

2. Acceptance will require substantial revision of Contract Documents or building spaces.

3. Request for substitution does not indicate specific item for which request is submitted. Acceptance of a manufacturer only will not be made.

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AQUATICS POOL RESURFACING PROJECT SUBSTITUTION REQUEST & EQUALS JOHNSTON POOL, 231 ELEANOR AVENUE, SACRAMENTO, CA SECTION 01630, Page 5 SUBSTITUTION REQUESTS / EQUALS – 01630 – PAGE 5

1.08 PRIOR APPROVALS
A. Prior approval does not automatically mean equipment is approved. Final submittals and shop drawings shall be made as required by the Specifications for final approval of all equipment and materials. Any changes required due to substitution is the Contractor's responsibility.

PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION 01630
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