Pat Granucci Aquatic Center Competition Pool Re- Plaster Project Project #

Transcription

1 City of Dixon Pat Granucci Aquatic Center Competition Pool Re- Plaster Project Project # Bid and Contract Documents Bid Release: September 13, 2017 Informal Bids Due: September 27, 2017 Bids shall be submitted electronically to: sbrown@ci.dixon.ca.us or be mailed/delivered to: City of Dixon City Engineer/Public Works Department Attn: Samantha Brown 600 East A Street Dixon, CA i

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3 TABLE OF CONTENTS TITLE PAGE... i TABLE OF CONTENTS... iii NOTICE TO CONTRACTORS... 1 GENERAL DESCRIPTION OF WORK... 3 SPECIAL NOTICE... 3 QUALIFICATION OF BIDDERS... 3 AWARD OF CONTRACT... 4 WAGE RATES... 4 BID PROPOSAL... 6 BID SCHEDULE... 9 LIST OF SUBCONTRACTORS ADDENDUM ACKNOWLEDGEMENT WORKERS COMPENSATION CERTIFICATE NON-COLLUSION AFFIDAVIT SIGNATURE SHEET PERFORMANCE BOND PAYMENT BOND INSURANCE iii

4 CONSTRUCTION AGREEMENT SPECIAL PROVISIONS... SP-1 GENERAL PROVISIONS... GP-1 TECHNICAL SPECIFICATIONS... TS-1 PROJECT PLANS: LOCATION MAP & SITE PLAN... P-1 ***ITEMS IN BOLD ABOVE MUST BE SUBMITTED WITH THE BID PROPOSAL*** iv

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8 GENERAL DESCRIPTION OF WORK The following invitation for bid involves labor and material for preparation and re-plastering of the competition pool located at the Pat Granucci Aquatic Center, 450 Mayes Street in the City of Dixon and shall be in compliance with: City of Dixon Engineering Design Standards and Standard Plans, dated August 26, 2014 and General Provisions Available at City of Dixon, Department of Public Works; Caltrans Current Standard Specifications; SPECIAL NOTICE This project includes, but is not limited to the following special requirements: Bidder inquiries shall be directed to Dave Horigan, Parks and Building Maintenance Supervisor, at Potential bidders shall review the insurance requirements included in the bid documents, including the General Provisions, with their insurance agent/broker prior to submitting a bid. All work shall be completed within twenty (20) working days after the commencement date stated in the Notice to Proceed. QUALIFICATION OF BIDDERS It is the intention of City to award a contract only to the bidder who furnishes satisfactory evidence that they have the requisite qualifications and ability and that they have sufficient capital, facilities and plant to enable them to complete the work successfully and promptly, and to complete the work within the time named in the Contract Documents. City may make such investigations as it deems necessary to determine the qualifications and ability of the bidder to perform the work, and the Bidder shall furnish to City all the information and data for this purpose as City may request. City reserves the right to reject any Bid if evidence submitted by, or investigation of such Bidder fails to satisfy City that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated herein. Conditional Bids will not be accepted. 3

9 AWARD OF CONTRACT City will award the contract to the lowest responsive and responsible bidder. City reserves the right to award a contract which in its judgment is in the best interest of the City. City reserves the right to select which items listed in the Bid Proposal shall be included in the Contract. WAGE RATES Pursuant to Section 1770 to 1780 inclusive, of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City Engineer, which copies shall be made available to any interested party on request. The successful bidder shall post a copy of such determination at each job site. All subcontractors employed by the contractor shall pay not less than the specified prevailing wage rates to all workers employed in the execution of the Contract. No contractor or subcontractor may be listed on a bid proposal for public works project unless registered with the State Department of Industrial Relations pursuant to Labor Code section [with limited exceptions from this requirement for bid purposes only under Labor Code section (a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) and must make certified copies of payroll records available for inspection by the City, a requesting employee or the Division of Labor Standards Enforcement of the Department of Industrial Relations. 4

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11 BID PROPOSAL PAT GRANUCCI AQUATIC CENTER COMPETITION POOL RE-PLASTER PROJECT PROJECT NUMBER NAME OF BIDDER: STREET ADDRESS: CITY, STATE, ZIPCODE: TELEPHONE NO.: FAX NO.: CONTRACTOR LICENSE TYPE & NO.: The work for which this proposal is submitted is for construction in conformance with the Special Provisions (including the payment of not less than the prevailing wage rates), General Provisions, Technical Specifications, and the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the City of Dixon Engineering Design Standards and Standard Plans, dated August 26, 2014, the current California Department of Transportation Standard Plans and Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. The Special Provisions, General Provisions and Technical Specifications for the Work to be done attached herein and are titled: Pat Granucci Aquatic Center Competition Pool Re-Plaster Project: Bids are to be submitted for the entire work. The amount of the bid for comparison will be the total of all items. The Bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the Item Total column shall be the product of the unit price bid and the estimated quantity for the item. In the case of a discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth 6

12 in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc. or one-tenth, one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total in the Copy of Engineer s Estimate of Cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the item total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City of Dixon, and that discretion will be exercised in the manner deemed by the City of Dixon to best protect the public interest in the prompt and economical completion of the work. The decision of the City of Dixon respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish two bonds in the sums required by the State Contract Act, with surety satisfactory to the City of Dixon, and the insurance certificates within ten (10) days, not including Saturdays, Sundays, and legal holidays, after the Bidder has received notice from the City of Dixon that the contract has been awarded, the City of Dixon may, at its option, determine that the Bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the City of Dixon. When submitting its bid, the Bidder shall include security in the form of cash; cashier s check made payable to the City; a certified check made payable to the City or a bidder s bond executed by an admitted surety insurer, made payable to the City. The amount of security shall be 10 percent of the amount bid. Should the Bidder be awarded the contract, but fail to execute the contract, its security shall be forfeited to the City. The Bidder has familiarized itself with the nature and extents of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the Work, and has made such independent investigations as Bidder deems necessary. 7

13 The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of Dixon, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following prices, to wit: 8

14 BID SCHEDULE PAT GRANUCCI AQUATIC CENTER COMPETITION POOL RE-PLASTER PROJECT PROJECT NUMBER ITEM UNIT QUANTITY UNIT PRICE AMOUNT Mobilization/Demobilization 1. (Not to exceed 6% of Total Bid) LS 1 2. Preparation of surface including cleaning pool interior surface, existing plaster removal, and removal of hardware/light fixtures. LS 1 3. Remove and replace waterline tile LF Install mastic expansion joint LF Remove and replace waterline depth markers EA Tile racing lane markers (8 lanes at 12 Wx67 L) LS 1 7. Tile racing lane targets EA Floor inlet tile surroundings EA White 1 x1 non-slip tile on stair tread SF Black bullnosed tile on step edge (2 ) LF Black tile on steps (2 ) 1 x1 SF Lap lane anchor hooks EA Frame and Grate assembly (24 x24 ) EA Floor inlet fittings EA Pool Plaster SF 4, Recessed steps EA Repair concrete pool deck LS Repair existing pool lights LS 1 Total Bid 9

15 LIST OF SUBCONTRACTORS The bidder shall list below the name and business address of each subcontractor who will perform work under this Contract in excess of one-half of one percent of the Contractor's total bid price, and shall also list the portion of the work which will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words "and/or" will not be permitted. All information must be provided for each subcontractor. Failure to comply with this requirement shall render the proposal (bid) non-responsive and shall cause its rejection. [Attach additional sheets if required.] Subcontractor Percent License of Total Subcontractor's Work to be Performed Number Contract Name and Address 10

16 ADDENDUM ACKNOWLEDGEMENT Bidder acknowledges receipt of the following addenda, which are attached to the proposal: Addenda No. Addenda No. Addenda No. Addenda No. Date: Date: Date: Date: 11

17 WORKERS COMPENSATION CERTIFICATE Owner and Description of Contract: CITY OF DIXON PAT GRANUCCI AQUATIC CENTER COMPETITION POOL RE-PLASTER PROJECT PROJECT NUMBER Labor Code Section 3700: "Every employer except the State and all political subdivisions or institutions thereof, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to selfinsure and to pay any compensation that may become due to his employees". I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Dated:, 2017 (Contractor) By: (Signature) (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing any work.) 12

18 NON-COLLUSION AFFIDAVIT This Affidavit to be fully executed The undersigned declares: I am the of, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state]." (Attach Notary Acknowledgement) Signature of: President, Secretary, Manager, Owner, or Representative Print Name and Title 13

19 SIGNATURE SHEET SIGNATURE NOTICE If Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager authorized to sign contracts; if a co-partnership, state true name of firm, also names of all individual copartners composing firm authorized to sign contracts; if Bidder or other interested person is an individual, state first and last names in full. Provide the names of all persons interested in the foregoing proposal as principals below: Licensed in conformance with an act providing for the registration of contractors, Contractor s License No.: Classification(s): ADDENDA This proposal is submitted with respect to the changes to the contract included in the Addenda Acknowledgement above. To all the foregoing, and including all Bid Schedule(s), List of Subcontractor s, Worker s Compensation Certificate and Non-Collusion Affidavit, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents and to accept full payment therefore the Contract Price based on Lump Sum(s) and/or Unit Bid Price(s) named in the aforementioned Bid Schedule(s). By my signature on this proposal I certify, under penalty of perjury under laws of the State of California and the United States of America, that the above is true and correct. Date: Bidder: By: Signature Title: 14

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21 CITY OF DIXON PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of Dixon, State of California, has awarded to hereinafter designated as the "Principal," a contract for; AND WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. In case suit is brought upon this bond, said Surety shall, in addition to the penal sum, pay a reasonable attorney s fee fixed by the Court. NOW, THEREFORE, we the Principal, and as Surety, are held and firmly bound unto the City of Dixon in the penal sum of one hundred percent (100%) of bid amount, DOLLARS ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall indemnify and save harmless the City of Dixon, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the Surety, for value received hereby stipulates and agrees that, in accordance with the Standard Specifications or Special Provisions, no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed hereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 16

22 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal By Title Surety Address City State Zip By Address City State Zip APPROVED AS TO FORM: City Attorney 17

23 CITY OF DIXON PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Dixon, a municipal corporation, has awarded to hereinafter designated as the "Principal," a contract for; AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law; NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of Dixon in the sum of one hundred percent (100%) of bid amount, DOLLARS ($ ), said sum being equal to the estimated amount payable by the said City of Dixon under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, his or its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay for any material, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, as required by the provisions of Chapter 7, Title XV, Part 4, Division 3, of provisions of the Civil Code and provided that the claimant shall have complied with the provisions of said Code; or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section of the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same and in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, said Surety will, in addition to the penal sum, pay a reasonable attorney's fee to be fixed by the Court. This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of 18

24 California so as to give a right of action to them or their assigns in any suit brought upon this bond. Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Standard Specifications or Special Provisions, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed hereunder, or to the specifications accompanying the same, shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of, the name and corporate seal of each corporate party being affixed thereto, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal By Title Surety Address City State Zip By Address APPROVED AS TO FORM: City State Zip City Attorney 19

25 INSURANCE (a) Required Coverage. Without limiting ( CONTRACTOR ) indemnification, it is agreed that CONTRACTOR shall maintain in force at all times during the term of this Agreement the following types of insurance providing coverage on an "occurrence" basis. Said insurance, with the exception of Worker s Compensation and Errors & Omissions Liability, shall name the City of Dixon ( CITY ) as additional insureds and evidence of said insurance shall be delivered to CITY in certificate and endorsement forms acceptable to the CITY prior to execution of this Agreement. Automobile insurance for the vehicle(s) CONTRACTOR uses in connection with the performance of this Agreement. Coverage: $1,000,000 per occurrence for bodily injury and property damage. Commercial general liability and property damage insurance. Coverage: $1,000,000 per occurrence. The general aggregate limit shall be twice the required occurrence limit. Worker s Compensation insurance to cover its employees as required by the Labor Code of the State of California. CONTRACTOR s worker s compensation insurance shall include the following language: All rights of subrogation are hereby waived against the CITY, its officers and employees when acting within the scope of their appointment or employment. In the event any class of employees engaged in hazardous work under this Agreement is not protected under Workers Compensation Statutes, the CONTRACTOR shall provide adequate and suitable insurance for the protection of its employees not otherwise protected. Pollution and/or Asbestos Pollution Liability and/or Errors and Omissions insurance. Coverage: $1,000,000 each occurrence, $2,000,000 policy aggregate. (b) General Provisions. (i) CONTRACTOR shall obtain insurance acceptable to the CITY in a company or companies admitted in California and with a Best rating of no less than A VII or as acceptable to the CITY. The endorsements, naming the CITY as an additional insured, are to be signed by a person authorized by CONTRACTOR S insurer to bind coverage on its behalf. (ii) It shall be a requirement under this contract that any available insurance shall provide broader than or in excess of the specified minimum insurance coverage requirements and/or limits to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the broader coverage and maximum limits specified in this contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (iii) The limits of insurance required in the Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the CITY (if agreed to in a written contract) before the CITY s own insurance or self-insurance shall be called upon to protect it as a named insured. 20

26 (iv) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents or volunteers. (v) The insurance provided by these policies shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty days written notice has been received by the CITY. (c) Additional Insured. The CITY will be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (i) Each such policy shall be endorsed with the following language: The City, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, including the Named Insured's general supervision of the activities, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. (ii) This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the CITY, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured. (iii) The Additional Insured coverage under the CONTRACTOR s policy shall be primary and non-contributory and will not seek contribution from the CITY s insurance or self-insurance and shall be at least as broad as Standard Additional Insured Endorsement No. CG (d) Worker s Compensation. CONTRACTOR and CONTRACTOR s insurance company agree to waive all rights of subrogation against CITY, its elected or appointed officials, agents, and employees for losses paid under CONTRACTOR s workers compensation insurance policy which arise from the work performed by CONTRACTOR for CITY. (e) Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to the City s Risk Management for approval and shall not reduce the limits of liability. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, agents, employees and volunteers; or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 21

27 Policies containing any self-insured (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY. The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later. (f) Subcontractors. In the event CONTRACTOR desires to hire or employ any other company or person to perform any part of the services contemplated herein, the written approval therefore must be first obtained from the CITY. The CITY may withhold such approval for any reason. (i) If approval is given by the CITY, CONTRACTOR agrees to include with all Subcontractors in the subcontract the same requirements and provisions of this contract including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor s work. Subcontractors hired by the CONTRACTOR agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Agreement Contract Documents. Subcontractor further agrees to include these same provisions with any Subcontractor. A copy of the CITY s Agreement Contract Document indemnity and insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to the commencement of any work and will provide proof of compliance to the CITY. (ii) CONTRACTOR shall secure and provide CITY with evidence securing said subcontractor s Worker's Compensation insurance covering said approved employee(s) in statutory amounts and providing 30 days' advance notice to CITY in the event said policy is canceled. 22

28 CITY OF DIXON CONSTRUCTION AGREEMENT [between $45,000 and above (DMC Chapter 5.05 and 5.06)] PAT GRANUCCI AQUATIC CENTER COMPETITION POOL RE-PLASTER PROJECT PROJECT NO THIS PUBLIC WORKS CONSTRUCTION AGREEMENT, dated for identification as of, 20, between the City of Dixon, a municipal corporation, (hereinafter called "City"), and., (hereinafter called "Contractor"). The parties hereto mutually agree to the terms and conditions set forth herein. 1. SCOPE OF CONTRACT Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material, and transportation necessary to perform and complete the public works project entitled Pat Granucci Aquatic Center Competition Pool Re-Plaster Project, Project No ( the Work ) in accordance and strict conformity with the Contract Documents for the Work adopted by the City in a good and workmanlike manner, to the satisfaction of the City. 2. CONTRACT DOCUMENTS The Contract Documents, each of which is incorporated into this Agreement by this reference, are all those documents and specifications enumerated in Section 1-9 of the General Provisions of the City. The Contract Documents are essential parts of the overall Contract and are intended to be integrated and provide for a complete Work. Work called for in any one Contract Document, and not mentioned in other Contract Documents, shall be deemed to be as binding as though appearing in all Contract Documents. In the event of any discrepancy or inconsistency between the Contract Documents, the order of precedence of Contract Documents, from the highest to lowest, shall be: 1. Construction Agreement 2. All approved Change Orders to the Agreement 3. Notice to Bidders 4. Bid or Proposal accepted by the City 23

29 5. Special Provisions of the City of Dixon 6. Plans and drawings prepared for this Project ( Project Plans ) 7. Standards Details of the City of Dixon 8. Design Standards and Construction Specifications of the City of Dixon 9. General Provisions 10. All bonds and insurance required by the Contract The Contract Documents shall be interpreted as provided in Section of the General Provisions. 3. DEFINITIONS Unless otherwise specifically provided in this agreement, all words and phrases used in this Agreement shall have the meaning ascribed to them in Section 1 of the General Provisions. 4. CONTRACT AMOUNT AND PAYMENTS Item # Item Unit Quantity Unit Price Total 1. Mobilization/Demobilization (Not to exceed 6% of Total Bid) LS 1 2. Preparation of surface including cleaning pool interior surface, existing plaster removal, and removal of hardware/light fixtures. LS 1 3. Remove and replace waterline tile LF Install mastic expansion joint LF Remove and replace waterline depth markers EA Tile racing lane markers (8 lanes at 12 Wx67 L) LS 1 7. Tile racing lane targets EA Floor inlet tile surroundings EA White 1 x1 non-slip tile on stair tread SF Black bullnosed tile on step edge (2 ) LF Black tile on steps (2 ) 1 x1 SF Lap lane anchor hooks EA 14 24

30 13. Frame and Grate assembly (24 x24 ) EA Floor inlet fittings EA Pool Plaster SF 4, Recessed steps EA Repair concrete pool deck LS Repair existing pool lights LS 1 Total Bid City agrees to pay and Contractor agrees to accept, in full payment for the above work, the sum computed in accordance with the actual amount of each item of work performed or material furnished and incorporated in the work, at the unit price which Contractor bid for each such item in his Proposal Form, said unit price to be determined as provided in the Standard Specifications or these Special Provisions. 5. PROGRESS AND FINAL PAYMENTS Subject to the terms and conditions of the Contract, City shall cause payments to be made upon demand of Contractor as follows: (a) (b) On or not later than the fifth day of the month, the Contractor shall present to the City a detailed certificate prepared showing the amount of labor and materials incorporated in the work through and including the last day of the preceding month. The certificate, which must be signed by the Contractor, shall show the value of the work completed in said month computed in accordance with the schedule of prices for such work together with such other supporting documentation as may be required by the City to determine the value of said work. Should the fifth day of the month fall on other than a Working Day, the Certificate shall be provided to the City on the next succeeding working day following the fifth day of the month. The City shall forthwith inspect the certificate to determine if it is a proper payment request under the Contract. If the City determines that the certificate is a proper payment request it shall be paid by the City not later than thirty (30) days after the date when it was received by the City. If such payment is not made by the City to the Contractor not later than thirty (30) days after it was received by the City, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section of the Code of Civil Procedure of the State of California. A payment request shall be considered to be properly executed if funds are available to the City for the payment requested in the certificate and the payment is not delayed due to an audit inquiry by the Finance Director. 25

31 (c) (d) (e) (f) (g) (h) (i) If the City determines that the certificate is not a proper payment request suitable for payment, the certificate shall be returned by the City to the Contractor as soon as practicable, but not later than seven calendar days after the date that the City has received said certificate from the Contractor. The certificate shall be accompanied by documents from the City setting forth in writing the reason by the certificate is not a proper payment request. Any certificate returned to the Contractor under (c) above shall be revised by the Contractor to conform to the requirements of these Specifications and shall be resubmitted by the Contractor to the City for inspection and approval or disapproval as provided in subsections (a), (b) and (c) of this Paragraph. The payment to be made by the City to the Contractor shall be for ninety-five percent (95%) of the amount it shall find to be due, with the remaining five percent (5%) being held by the City as retention earnings of the Contractor. No inaccuracy or error in said monthly estimates shall operate to release Contractor or Surety 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. Contractor shall not be paid for any defective or improper work. City shall pay the remaining five percent (5%) of the value of the work done under this contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of acceptance of the work by the City Council and not later than sixty (60) days from the completion of the work as said term is defined in Public Contract Code Section Final payment to the Contractor shall be determined and paid as provided in the Standard Specifications. The Contractor may avail itself of its rights under Public Contract Code Section to substitute securities for any moneys held by the City or to request the City to make payment of retention amounts directly to an escrow agent as provided in said code section. The City shall retain the right to draw upon any such securities in the event of a default by the Contractor under this Agreement. 6. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR When under the provisions of this contract, City shall charge any sum of money against Contractor, City shall deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, 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 against him, City shall have the right to recover the balance from Contractor or his sureties. 26

32 7. COMMENCEMENT AND PROSECUTION OF WORK Contractor shall commence the work on or before fifteen (15) working days from and after the date of written Notice to Proceed from City to Contractor and will diligently prosecute the work to final completion. The phrase "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 fabrication, erection, or installation of the work. Said 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. The continuous prosecution of work by Contractor shall be subject only to Excusable Delays as defined in this Agreement. 8. TIME OF COMPLETION The entire Work shall be brought to completion in the time specified in the Special Provisions on or before twenty (20) working days (hereinafter called the "Completion Date") from the date of the Notice to Proceed unless extensions of time are granted in accordance with the Contract Documents. Failure to complete the Work by the Completion Date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is and shall be of the essence in these Contract Documents. 9. 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, though the unsatisfactory character of such work or material may not have been apparent or detected at the time such payment was made. 10. ACCEPTANCE NOT RELEASE Contractor shall correct immediately any defective or imperfect work which may be discovered before final acceptance of the entire work. Any unsatisfactory materials shall be rejected, notwithstanding that they may have been overlooked by the Inspector. The inspection of the work, or any part thereof, shall not relieve Contractor of any of his obligations to perform satisfactory work as herein prescribed. Failure or neglect on the part of City or any of its authorized agents to condemn or reject bad or inferior work or materials shall not be construed to imply an acceptance of such work or materials if such becomes evident at any time prior to final acceptance of the entire work or all materials, nor shall such failure be construed as barring City at any subsequent time from recovering damages or of such a sum of money as may be required to build anew all portions of the work in which fraud was practiced or improper materials used whenever City may discover the same. 27

33 11. RELEASE If requested to do so by City, at the time of final payment, as a condition precedent to final payment, Contractor and each assignee under any assignment in effect at the time of final payment shall execute and deliver a release in form and substance satisfactory to and containing such exemptions as may be found appropriate by City which shall discharge City, its officers, agents and employees of and from all liability, obligations and claims arising under this Contract. 12. CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART The City of Dixon 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. Such use or occupation of the work shall not be construed as an acceptance of any portion of the work under this Contract. 13. NO WAIVER OF REMEDIES Neither the inspection by City or its agents, nor any order or certificate 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 or its agents shall operate as a waiver of any provision of this Contract or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach Contract be held to be a waiver of any other or subsequent breach. All remedies provided in Contract shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and City shall have any and all equitable and legal remedies which it would in any case have. 14. GUARANTEE Except as otherwise expressly provided in the Special Provisions, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, Contractor guarantees all work executed by him and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to City 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 of Dixon. Contractor shall repair or replace any or all such work or material, together with all or any other work or material which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one year guarantee period without expense or charge of any nature whatsoever to City. Contractor shall provide City with a Maintenance Bond or Letter of Credit in the amount of five percent (5%) of the Contract covering the warranty period. Said security shall be filed with the City prior to Contract acceptance by the City Council. 28

34 In the event that Contractor shall fail to comply with the conditions of the foregoing guarantee within ten (10) days time, 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 guarantee results in a condition which constitutes an immediate hazard to the 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 either temporary or permanent repairs which may be required as determined in the sole discretion and judgement of City. 15. DETERMINATION OF DAMAGES The actual fact of the occurrence of damages and the actual amount of the damages which City would suffer if the work were not completed within the specified times set forth are dependent upon many circumstances and conditions which could prevail in various combinations, and, from the nature of the case, it is impracticable and extremely difficult to fix the actual damages. Damages which City would suffer in the event of delay include loss of the use of the project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City of Dixon by reasons of the delay in the completion of the project to serve the public at the earliest possible time. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that he understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be the amount of damages sustained by the failure of Contractor to complete the entire work within the times specified. 16. LIQUIDATED DAMAGES The amount of the liquidated damages to be paid by Contractor to City for failure to complete the entire work by the Completion Date (as extended, if applicable) will be two hundred and fifty dollars ($250) for each calendar day, continuing to the time at which the work is completed. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's default. 17. PAYMENT OF DAMAGES 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 which would otherwise 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 29

35 Contractor under this section or otherwise. If the sum so retained by City is not sufficient to discharge all such liabilities of Contractor, Contractor and his sureties shall continue to remain liable to City until all such liabilities are satisfied in full. No failure by City to withhold any payment as hereinbefore specified shall in any manner be construed to constitute a waiver of any right to liquidated damages or any right to any such sum. 18. INDEMNITY AND HOLD HARMLESS Contractor shall defend, indemnify and hold harmless City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City. The parties shall agree that this provision shall be broadly construed in favor of City. 19. 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. Contractor 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, except as otherwise stipulated; provided, however, Contractor shall not be responsible for injuries, damages, re-erections and repairs caused by any Acts of God as defined in subsection (b) or Section 7105 of the Public Contract Code of the State of California. 20. GENERAL LIABILITY OF CONTRACTOR Except as otherwise herein expressly stipulated, Contractor shall perform all the work and furnish all the labor, materials, tools, power and light, and appliances, necessary or proper for performing and completing the work herein required in the manner within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as 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 for the purpose of explanation. 21. INSURANCE During the term of this Agreement, and until final completion and acceptance of the Work as required by the Contract Documents, Contractor at its own cost shall maintain in full force and effect all insurance required by Section of the General Provisions. Failure to maintain any part of the required insurance shall constitute good cause for termination of the Contract by City in its sole discretion. 30

36 If at any time during the performance of the Contract Contractor fails to maintain all or any part of the required insurance in full force and effect, Contractor shall discontinue all work and City shall withhold all payments due or that become due until such time as the insurance is restored to full force and effect. 22. EXTENSIONS OF TIME In the event City deems it necessary, in its sole discretion, to extend the time of completion of the work to be done under this contract beyond the Completion Date, such extensions shall in no way release any guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties on the Bonds executed pursuant to said provisions. By executing such Bonds, the sureties shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any extension of time shall be limited to the period of Excusable Delay as defined herein. 23. EXCUSABLE DELAYS For the purpose of these Contract Documents, the term "Excusable Delays" shall mean, and is limited to, delays caused directly by acts of God; acts of the public enemy; fires; inclement weather as determined by the City; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privileges established for the manufacture, assembly, 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 by City of Contractor from commencing or prosecuting the work because of the acts of others, excepting Contractor's subcontractors; or the prevention of Contractor from commencing or prosecuting the work because of a City-wide failure of public utility service. The term "Excusable Delay" shall specifically not include: (i) any delay which 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 parts of the work, which may in itself be unavoidable but which does not necessarily prevent or delay the prosecution of other parts of the work, nor the completion of the whole work within the time specified; (iii) any reasonable delay resulting from time required by City for review of Plans and submittals required of Contractor and for the making of surveys, measurements and inspections; (iv) any delay arising from an interruption in the prosecution of the work on account of the reasonable interference from other Contractors employed by City, which does not necessarily prevent the completion of the 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) but shall not under any circumstances increase the sum City is to pay Contractor as provided in these Contract Documents. 31

37 24. CONTRACTOR TO SERVE NOTICE OF DELAYS Whenever Contractor foresees any delay in the prosecution of the work, and in any event upon the occurrence of any delay which Contractor regards as an Excusable Delay, he shall notify the City in writing immediately within 10 calendar days of the probability of such delay and its cause, in order that the City may take immediate steps to prevent if possible the occurrence or continuance of the delay, or 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 notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth 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 City, in estimating the amount due Contractor, will assume that any and all delays which may have occurred in its prosecution and completion have been avoidable delays, except such delays as shall have been called to the attention of the City at the time of their occurrence and found by him to have been excusable. Contractor shall make no claim that any delay not called to the attention of the City at the time of its occurrence has been an Excusable Delay. 25. EXTENSION OF TIME Should any delays occur which the City may consider excusable, as herein defined, Contractor shall, pursuant to his application, be allowed an extension of time beyond the time herein set forth proportional to said delay or delays in which to complete this contract; and, during an extension which may have been granted because of an excusable delay or delays, City shall not charge liquidated damages against Contractor for such delay. Only the City may grant an extension of time on the Contract. 26. EXTENSION OF TIME DOES NOT WAIVE CITY'S RIGHTS The granting of any extension of time on account of delays which in the judgment of the City are excusable delays shall in no way operate as a waiver on the part of City of its rights under the Contract excepting only the extension of the Completion Date. 27. 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 such delays qualify for extension of time under this Agreement or not, providing the elements precluding recovery of damages by Contractor in Section 7102 of the Public Contracts Code are met. 32

38 28. CHANGES IN THE WORK Changes in the work made pursuant to changes issued in accordance with the General Provisions and extensions of time of completion made necessary by reason thereof (beyond the Completion Date) shall not in any way release any guarantee given by Contractor pursuant to the provisions of the Contract Documents, or the Contract let hereunder, nor shall such changes in the work relieve or release the sureties on Bonds executed pursuant to the said provisions. By executing such Bonds, the sureties shall be deemed to have expressly agreed to any such change in the work and to any extension of time made by reason thereof. 29. TERMINATION AFTER COMPLETION DATE In addition to any other rights it may have, City may terminate the Contract at any time after the Completion Date, as adjusted by any extensions of time for Excusable Delays that may have been granted. Upon such termination, Contractor shall not be entitled to receive any compensation for services rendered by him after such termination, and Contractor shall be liable to City for liquidated damages for all periods of time beyond such termination date until the work is completed. 30. CONTRACTOR BANKRUPT If Contractor should commence any proceeding under the Bankruptcy Act, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contractor s control of the Work and complete the Work by giving notice to Contractor and his Surety according to the provisions of Section TERMINATION FOR BREACH OF CONTRACT In accordance with California Public Contract Code Section 7150, in addition to all other available remedies that the City may have under the Agreement, and at law or equity, the City may terminate the Contractor s control of the Work for breach of contract or abandonment of the work in accordance with section of the Standard Specifications. 32. NOTIFICATION TO THE CONTRACTOR BY THE CITY Pursuant to Public Contracts Code Section 9201, the City shall notify the Contractor of all claims made by third-persons against the City, for bodily injury (including death), personal injury, or property damage arising out of or alleged to be in connection with the work performed by or on behalf of the Contractor pursuant to this Contract. The notice shall be made in writing within ten (10) calendar days after the City receives notice of the claim from the third-person. 33

39 IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set forth opposite their names. CONTRACTOR: Name, Form of Entity, and Address DATE: By: Signature Print Name CITY: CITY OF DIXON, a municipal corporation DATE: Title By: City Manager ATTEST: City Clerk ORIGINAL APPROVED AS TO FORM FUNDING AVAILABLE: By: City Attorney Director of Finance 34

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41 SPECIAL PROVISIONS GENERAL DESCRIPTION The project generally consists of re-plastering the competition pool maintained by the City of Dixon and located within the Pat Granucci Aquatic Center (See attached Location Map; Exhibit A). The work is to be completed within the City of Dixon, California, ( CITY ), as herein, specified and directed by the City Engineer/Public Works Director, Engineering Department, 171 South Fifth Street, Dixon, CA DEFINITION OF TERMS Wherever the term Director is used, it shall be construed to mean the City Engineer/Public Works Director or her/his designated representative of the City of Dixon on which the work specified herein is performed. Whenever the term Contractor is used, it shall be construed to mean the company or individual to whom the contract is awarded and its superintendents, workers, agents, or assignees. Whenever the term Work is used, it shall be construed to mean all phases of the operations required to completely perform all parts of the work as described in the specifications. CONTROL AND SPECIFICATIONS All Work performed by the Contractor shall be done in conformance with the specifications of this document or the direction of the Director in the City of Dixon. The specifications of this document take precedence unless the Contractor and Director agree in writing. Any work or material that is not found to meet specifications of this document, during the time of application and the twelve months immediately following completion of the Work, shall be redone or replaced at the Contractor s sole expense. NOTICE TO DIRECTOR Contractor shall notify the Director at least five (5) business days in advance of the commencement of work and provide a start date and time. A pre-construction meeting may be required with the Director or his designee before work begins. PUBLIC NOTIFICATION Contractor to post signs at least 48 hours in advance, at the Pat Granucci Aquatic Center informing the public the date that the courts will be closed. Contractor shall notify property owners that they may be inconvenienced by the Work, as necessary. Where parking is to be temporarily removed, No Parking signs with working dates and hours shall be posted on barricades by the Contractor a minimum of 48 hours prior to the start of work. PROTECTION OF PUBLIC AND PRIVATE PROPERTY Contractor shall at all times take precautions to avoid damage to public and private property during all stages of the Work. Contractor shall protect the public including staff to keep park users away from contractor trucks and equipment and provide all traffic control required to perform Work. SP-1

42 WORK SITE SUPERVISION Contractor shall at all times have a foreman on the work site(s) who has full authority to act for the Contractor and is able to receive and execute orders from the Director. EMERGENCY CONTACT Emergency contact information shall be provided to the Director by the Contractor. SCHEDULE The work schedule is to occur over a pre-determined time period, and in no instances shall the pool be closed to the public for more than thirty (30) calendar days. The competition pool is expected to be closed during the re-plastering project. Work shall be performed when current and forecast weather conditions are consistent with product manufacturer s specifications. The final schedule will be coordinated with and approved in advance with the Director. Contractor shall furnish a tentative schedule to the Director a minimum of five (5) business days in advance of all Work. WORKING HOURS All Work shall be scheduled and completed during weekdays, excluding holidays, Monday through Friday from 7:00 AM to 5:00 PM, unless otherwise approved by the Director. SUBMITTALS 1. Descriptive Data Prior to beginning any work, the Contractor shall submit all information, shop drawings, descriptive data, MSDS sheets, and samples for the various trades and materials proposed, as required by the specifications, and offers of alternatives, if any, as applicable. Submittals shall contain a letter of transmittal listing of all matter submitted and identification of any deviations from the specifications contained in the submittal. Incomplete submittals will not be accepted. Submittals shall be made as follows, unless otherwise required in the specifications: a. Initial submittal- Within 14 calendar days after agreement between Director and Contractor is recorded, submit two (2) bound copies to the Director for approval. b. Re-submittals- The Director will notify the Contractor in writing of any disapproved items. Within five (5) working days after receipts of such notice, the Contractor shall submit proposed substitutions for the disapproved items, number of copies and distribution the same as the initial submittal for each submittal until approval is obtained for proposed substitute items. Director will notify Contractor in writing of approved substitutions. c. Final submittal and Distribution- Within five (5) working days after receipt of notice of approval, the Contractor shall submit corrected, bound copy to the Director, and additional copies to those concerned. d. Procurement- The Contractor shall provide those items included in the approved list, without deviation, unless subsequently revised by change order procedure. SP-2

43 2. Manufacturer s Instructions Where it is required in the specifications that materials, products, processes, equipment, or the like be installed or applied in accordance with manufacturer s instructions, directions, specifications, or words to this effect, it shall mean that said application of installation shall be in strict accordance with the printed instructions furnished by the manufacturer of the material proposed for use under conditions similar to those at the job site. Copies of such instructions shall be submitted to the Director for approval prior to executing such instructions. 3. Samples Contractor shall submit to the Director samples of products, manufacturers installation instructions, and manufacturer s warranty for review for each product, as listed in the technical specifications here in. Samples must be submitted with a dated transmittal form or letter, and not by sub-contractor or supplier. Samples of field applied paint materials and colors shall be submitted no less than 14 calendar days prior to start of field-painting work. a. Identification-Label or tag each sample or set of samples, identifying manufacturer s name, project title and intended use. b. Colors, Patterns, and Textures-For items required to be selected and approved colors, patterns, and textures or other finish, sufficient samples to show range of shades, tones, values, patterns, textures, or other features corresponding to the instructions, shall be submitted. Submit color samples of field applied materials as specified for painting work. c. Any specification designating material, product, thing or service by specific brand or trade name followed by the words or approved equivalent is intended to indicate certification of Contractor, quality of product and type of item desired. Contractor may request use of equal material, product, thing or service. A request for submission shall be submitted to Director for approval with submitted proposal. 4. Operation and Maintenance Manuals Prior to final inspection the Contractor shall submit to the Director complete operating instructions and maintenance manuals, as applicable, for the installed material and/or equipment. The data shall be complete at the time of submittal. Initially, one copy of the submittal shall be bound and submitted with suitable index tabs. The submittal shall include all data deemed necessary by the Director to maintain the installed material including, but not limited to maintenance instructions, parts lists, ordering numbers, and list of special tools/material required for maintenance. 5. Acceptance In determination of acceptability, the Director will consider the ready availability of maintenance, replacement parts and materials, the availability of manufacturer s technical representatives and other factors that relate to the maintenance and repair of installed items, as well as determination of conformance with the specifications. SP-3

44 WORK SITE CONDITIONS Work sites shall be restored to an orderly condition with no loose debris, materials or equipment at the end of each working day. STORAGE AND STAGING Contractor shall arrange to store and stage materials and equipment outside of the public right-ofway. Storage and staging on City property will not be allowed without prior written permission of the Director. ENVIRONMENTAL CONTROL Contractor shall not pollute any drainage course or its tributary inlet with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials. Contractor and subcontractors at all times in performance with Work comply with all applicable federal, state, and local laws and regulations concerning pollution of waterways. TRAFFIC CONTROL The Contractor shall obtain, erect, and maintain all signs, barricades, flagmen or other traffic control, as necessary, for the purpose of regulating, warning, and/or guiding traffic. Placement and maintenance of all traffic control devices shall be, as required, in accordance with the applicable parts of the current California Department of Transportation Standard Specifications and Standard Plans and the current California Manual on Uniform Traffic Control Devices for Streets and Highways. All traffic protection will be considered incidental to the cost of the contract and will not be paid separately. DEMOLITION AND REMOVAL Contractor shall remove and properly dispose of all debris generated during construction from the project site to an approved landfill and/or disposal facility. INSPECTION AND ACCESS The Director shall at all times have access to the work during construction and shall be furnished with every reasonable facility for ascertaining that the materials used and the workmanship, are in accordance with the requirements and intentions of these specifications. Field drawings with as-built information, as necessary, shall be present at each field inspection. All work done and all materials furnished shall be subject to inspection and approval. Any work requested to be completed on nonworking days must be approved in advance by the Director. If approval is granted, the Contractor may be required to pay CITY s expense to provide a special inspection on a non-working day including, Saturday, Sunday and or Legal Holiday. In cases where inspection of work is required and/or where portions of work are specified to be performed under the direction of the Director, the Contractor shall notify the Director in writing at least two days in advance of the time such inspection and/or direction is required. SP-4

45 BEST MANAGEMENT PRACTICES Implement Best Management Practices (BMPs), as applicable, to reduce pollutants in runoff during construction. All Work shall conform to the California Stormwater BMP Handbook (NS-3, MW-8, SC- 11, SC-33, SC-34, SC-60 and SC-75) which can be referenced at PAYMENT Full compensation for furnishing all labor, materials, tools, equipment and incidentals required for the Pat Granucci Aquatic Center Competition Pool Re-Plaster Project including all items in the Special Provisions, General Provisions and Technical Specifications, shall be considered included in the bid and no additional compensation will be allowed. COMPLETION OF PROJECT The project shall be considered COMPLETE when all of the specified in the contract documents have been constructed and approved by DIRECTOR. The project shall be completed on or before 20 working days after commencement date as specified in Notice to Contractors. When Contractor feels work is complete, Contractor shall request a final inspection by the Director to determine if the project conforms to the contract documents and is ready for Final Acceptance by the Director. FINAL INSPECTION AND ACCEPTANCE Notice that work is ready for final inspection, Contractor shall notify Director by writing, stating the Contractor has carefully inspected all portions of the work, including all debris and construction equipment has been removed within the limits of work and all conditions of the contract documents have been fulfilled. Upon acceptance of the notice that the work is ready for final inspection, the Director together with Contractor and/or third party inspector shall make joint inspection of the work. If there are no deficiencies, the Director will notify Contractor in writing the acceptance and completion of the project. SP-5

46 GENERAL PROVISIONS GENERAL Chapter 4, GENERAL PROVISIONS, of the City of Dixon Engineering Design Standards and Construction Specifications, adopted June 13, 2000 by Resolution No , and later amended February 27, 2001 by Resolution No , March 25, 2003 by Resolution No , November 23, 2004 by Resolution No , February 8, 2005 by Resolution No , April 24, 2007 by Resolution No , and November 24, 2009 by Resolution No are hereby referred to by reference, incorporated herein, and made a part of the contract documents. All construction shall conform to the requirements of the Construction Specifications, except as modified, replaced or supplemented, herein. The contractor shall obtain a set of the City of Dixon Engineering Design Standards and Construction Specifications and have them available at the pre-construction conference. A copy of the City of Dixon Engineering Design Standards and Construction Specifications can be purchased for $35.00 at the Department of Engineering, 171 South Fifth Street, Dixon, California, or can be downloaded from the City of Dixon website ( GP-1

47 TECHNICAL SPECIFICATIONS SCOPE OF WORK A. Provide all labor, material and equipment to re-plaster the existing training pool at the Pat Granucci Aquatic Center in Dixon, CA as specified herein, including but not limited to: 1. Preparation of existing surface to receive re-plastering products including removal of all existing plaster and ensure that the pool surface is free from dirt and debris prior to plastering; 2. Removal of existing hardware, light fixtures and/or equipment to allow for replastering. The existing handrails shall be used; 3. Inspection of the pool structure for damage/ insufficiencies and repair as needed; 4. Repair existing pool lights, if needed. The existing pool lights shall be used; 5. Remove and replace waterline tile, tiled lap lines, wall targets, and waterline depth markers; 6. Install mastic expansion joint; 7. Install floor inlet tile surroundings; 8. Replace accent tile; 9. Replace or retrofit lap lane anchors; 10. Replace floor inlet fitting caps, drain frames and grates, and recessed step inserts; 11. Apply pool plaster; 12. Repair damaged concrete pool deck; 13. Re-installation of any equipment or hardware removed. B. Operations should be done in a neat and orderly manner using adequate number of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work. C. The Contractor shall provide all labor, tools, materials, and equipment necessary to complete the project. D. The Contractor is responsible for obtaining all permits and/or approvals required to complete the project, including but not limited to, building permits and Air Quality Management District permits. This includes procuring qualified consultants or contractors necessary to obtain said permits and/or approvals. E. Pool will be drained by the City of Dixon s Public Works Department prior to start of work. RELATED SECTIONS Documents affecting work of this Section include, but are not limited to the following: A. Special Provisions B. General Provisions TS-1

48 QUALITY ASSURANCE A. Installer Qualifications: Installer must obtain a permit through Solano County Environmental Health Department; and B. Installer must provide updated VGB drain cover certification. C. All material used shall be installed per manufacturers specifications. D. Except as otherwise approved by the Director all product handling shall comply with manufacturers recommendations. E. Contractor to obtain materials from same source and maintain a high degree of consistency in workmanship throughout project. F. Refinish surface shall be smooth and even, and will be subject to approval by the Director. REGULATORY REQUIREMENTS A. Install all products in accordance with all federal, state and local building codes, and per the product specifications. B. All work shall be performed in a manner consistent with current OSHA guidelines. DELIVERY, STORAGE, AND HANDLING A. Deliver products to site with seals and labels intact and legible, in manufacturer s original containers, dry, and undamaged. B. Maintain packaged materials with seals unbroken and labels intact until time of use. C. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting specified requirements at no additional cost to the City of Dixon. D. The Director may reject as non-complying such material and products that do not bear identification satisfactory to the Director as to manufacturer, grade, quality, and other pertinent information. E. It is the responsibility of the contractor to secure all material and equipment on the job site. Any material used during construction shall be stored in a staging area agreed upon by the Director as to protect the public from harm s way and to meet any and all health and safety standards. F. Store, handle, and protect all material as recommended by manufacturers specifications. G. Any material left overnight shall be protected from weather and other damaging elements, as applicable. H. Store and dispose of solvent-based materials in accordance with all federal, state and local regulations. TS-2

49 PROJECT CONDITIONS A. Proceed with pool re-plaster work only when existing and forecasted weather conditions will permit unit of work to be installed in accordance with manufacturer s recommendations and warranty requirements. B. Do not expose materials vulnerable to water or sun damage in quantities greater than can be weatherproofed during same day. C. Every stage of progress completed must be inspected by Director prior to moving forward to next stage of the installation. D. Contractor shall protect existing landscaping, hardscape, and property from being damaged from construction and/or equipment during mobilization, construction, and demobilization processes. Contractor shall erect barricades around existing tree and/or other pertinent features, as necessary. E. Upon approval by the Director designated parking spaces shall be marked and/or barricaded approximately 48 hours prior to construction. Parking spaces shall remain marked and designated for construction during the construction period. In no instances, shall parking spaces designate to the Senior center and or handicapped parking be used or designated to staging. F. Upon completion, Contractor shall remove all containers, surplus materials, and debris and leave the site in a clean and orderly condition. WARRANTY A. Upon completion of re-plastering the training pool and project acceptance, Contractor will supply to the Director the manufacturer s warranty. The manufacturer shall warrant the plaster material for a period of five (5) years and Contractor shall warrant the workmanship for a period of two (2) years from completion. The warranty shall include but not be limited to: 1. Debonding and Delamination: Occurs when there is a bond failure between the plaster coat and the underlying surface or between the bond coat and the underlying surface and the failure rises up and forms a delamination blister. 2. Surface Blisters and Spalls: Occurs on the surface of the plaster coating where the coating is separated from the underlying plaster substrate matrix. MATERIALS All materials shall be installed in accordance with the manufacturer s recommendations and instructions. A. Plaster: 1. Manufacturer: Diamond Brite or approved equal. 2. Color: White B. Ceramic Tile: 1. Daltile or approved equal. 2. Finish shall be matched to existing tile. TS-3

50 C. Grout: 3. Color: Black. 1. Use a commercially prepared or job site mixed white Portland Cement-sand grout meeting ANSI A118.6 proportion as required for minimal 1/8 inch joints D. Swimming Pool Accessories: 1. Pool Drain: Aquastar or approved equal. Must be compliant with Virginia Graeme-Baker Pool and Spa Safety Act (ANSI/APSP and NSF/ANSI a) 2. Floor Inlet Fittings: Aquastar or approved equal. INSPECTIONS The inspections listed represent those required at critical points of the construction. However, they do not necessarily represent the total number of inspections for some may be completed concurrently. 1. Preconstruction site meeting. 2. Mobilization set up. 3. Protection measures for existing improvements to remain and other property. 4. Survey of site and verification of existing conditions. 5. Preliminary layout of work. 6. Inspection of materials. 7. Removal of existing plaster and inspection of pool structure. 8. Completion of repairs to pool structure. 9. Application of plaster. 10. Installation of tile and markers. 11. Preliminary inspection at completion of installation. 12. Final inspection. PREPARATION A. Prior to any work at the Project site the Contractor shall provide a progress schedule. B. To protect pool systems and components, the Contractor shall ensure that all drains are plugged prior to commencing Work. Drains shall be flushed to ensure they are clean. C. The pool shall be prepared in conformance with the plaster manufacturer s recommendations. The old plaster surface must be completely removed with chipping hammers down to the underlying cementitious surface. D. Remove any curing compounds or other contaminants. E. Vacuum clean surfaces and damp clean. F. Seal substrate surface cracks with filler. Level existing substrate surfaces to acceptable flatness tolerances. TS-4

51 G. Prepare substrate surfaces for tile installation in accordance with tile and grout manufacturer s instructions. H. A minimum of 2 inches shall be chipped out around any pool fixtures and lights, as needed to provide for a flush surface around such fixtures. Contractor shall cover or temporarily plug all fittings, return lines, and main drains to assure that they do not become plugged with demolition or cement material. I. All debris generated shall become the property of the Contractor and shall be removed from the project site. The Contractor shall legally dispose of all debris. INSTALLATION A. Plaster: 1. No plastering shall be done under unsuitable conditions of weather or temperature. No plastering shall be done when the ambient temperature is 40 degrees Fahrenheit or less. 2. Mixing shall conform to the plaster manufacturer s guidelines. 3. Prior to the initial bond coat of plaster, a 100% solution of Acryl 60 shall be applied to all surfaces to be plastered. After drying to a tacky consistency, the surfaces shall receive a bond coat of plaster. 4. The bond coat of plaster shall be pneumatically applied. The surface shall be broom finished or roughened to accept the finish coat. The bond coat shall be allowed to partially dry before the finish coat is applied. 5. The finish coat of plaster shall be pneumatically applied and shall conform to the following: (a) Watertightness: The plaster material shall be hard troweled in a manner as to provide for a tight matrix between the cement and aggregate material particles to maximize its ability to hold water. In addition, a tight seal shall be created around all plumbing fixtures, light fixtures, tile, and other transition materials. (b) Smoothness: The plaster surface shall be troweled to be sufficiently smooth to the touch. Smooth is defined as no rougher than very fine sandpaper (220 grit or finer). (c) Levelness: The plaster surface shall be consistently level across the surface. Minor waviness can be expected with any hand-troweled surface but waviness shall not be excessive. Transitions between walls, coves, floor, tile, or around plumbing and light fixtures shall be smooth, uninterrupted and not obvious. (d) Thickness: The plaster coat shall have a minimum thickness of 3/8 and a maximum thickness of 1/2. Exceptions are allowed for small areas of highs and lows spanning no more than several inches per occurrence. 6. Maintainability: The plaster surface shall be consistently even, smooth, and durable to discourage the adherence of algae and dirt and to allow for the long-term maintenance of the pool plaster surface. B. Ceramic Tile: 1. Install tile and grout in accordance with applicable requirements of ANSI A108.1 through A108.13, manufacturer s instructions, and TCA Handbook recommendations. TS-5

52 2. Cut and fit tile to penetrations through tile, leaving sealant joint space. Form corners and bases neatly. Align floor joints. 3. Place tile joints uniform in width, subject to variance in tolerance allowed in tile size. Make joints watertight, without voids, cracks, excess mortar, or excess grout. 4. Form internal angles square and external angles bullnosed. 5. Sound tile after setting. Replace hollow sounding units. 6. Keep expansion joints free of adhesive or grout. Apply sealant to joints. 7. Allow tile to set for a minimum of 48 hours prior to grouting. 8. Grout tile joints. Use standard grout unless otherwise indicated. 9. Apply joint sealer in accordance with the manufacturer s recommendations. C. Swimming Pool Accessories: 1. All products shall be installed in conformance with the manufacturer s recommendations. 2. Provide all necessary hardware, fittings, and devices necessary to properly install the pool accessories. 3. The Contractor shall keep a copy of the manufacturer s installation instructions on the jobsite available for review at all times prior to and during installation of the associated equipment. PROTECTION (a) Protect installed products and work area from foot traffic and use, including barricading off all passageways, gates, and/or openings until completion of the project. (b) During work provide protection for finished surfaces in traffic areas as to allow for equipment and materials handled. (c) Any areas that are not completed by the end of the workday are to be protected. The pool shall be left secure to prevent vandalism. (d) Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Director. REPAIR AND REPLACEMENT A. In event of damage, promptly make replacements and/or repairs to the approval of the Director and at no additional cost to the City of Dixon. B. Additional time required to secure replacements and/or to make repairs will not justify an extension in the contract s time of completion. TS-6

53 MEASUREMENT A. Mobilization and demobilization shall be measured as lump sum. B. Preparation of surface including removal/replacement of equipment and hardware shall be measured as lump sum. C. Repair to the concrete pool deck and existing pool lights shall be measured as lump sum. D. Tile replacement including waterline tile and bullnosed tile on stairs shall be measured by the linear foot. E. Tile replacement including white 1 x1 non-slip tile on stairs and black accent tile on stairs shall be measured by the square foot. F. Removal and replacement of wall targets, waterline depth markers, floor inlet fittings and tile surroundings, frame and grate assemblies, lap lane anchors, and recessed steps, shall be measured by each unit. G. Installation of the mastic expansion joint shall be measured by the linear foot. H. Measurement of pool plaster shall be by the square foot. PAYMENT A. Payment for mobilization/ demobilization of the Pat Granucci Aquatic Center Competition Pool Re-Plaster Project shall be paid for by the contract Lump Sum prices as contained in Bid Item 1. The contract lump sum prices paid shall include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, complete in place, as noted in the specifications, and as directed by the Director, and no additional compensation will be allowed. B. Payment for Pat Granucci Aquatic Center Competition Pool Re-Plaster Project preparation of surface including removal/replacement of equipment, hardware, pool lights, existing plaster removal, and rust removal shall be paid for by the contract Lump Sum prices as contained in Bid Item 2. The contract lump sum prices paid shall include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, as noted in the specifications, and as directed by the Director, and no additional compensation will be allowed. C. Payment for removal and replacement of waterline tile, black bullnosed tile, and installation of the mastic expansion joint shall be paid for by the contract linear foot prices as contained in each respective bid item. The contract prices paid shall include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, to complete in place, as noted in the specifications, and as directed by the Director, and no additional compensation will be allowed. D. Payment for installation of a white non-slip tile and black accent tile shall be paid for by the square foot price as contained in each respective bid item. The contract prices paid shall include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, to complete in place, as noted in the specifications, and as directed by the Director, and no additional compensation will be allowed. E. Payment for removal and replacement of waterline depth markers, wall targets, floor inlet tile surroundings, lap lane anchors, frame and grate assembly, floor inlet fittings, and recessed steps shall be paid for by the contract price for each unit as contained in each TS-7

54 respective bid item. The contract price paid shall include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, to complete in place, as noted in the specifications, and as directed by the Director, and no additional compensation will be allowed. F. Payment for tiled lap lanes shall be paid for by the lump sum price as contained in Bid Item 6. The contract lump sum prices paid shall include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, as noted in the specifications, and as directed by the Director, and no additional compensation will be allowed. G. Payment for concrete pool deck repair and pool light repair shall be paid for by the contract Lump Sum prices as contained in each respective bid item. The contract lump sum prices paid shall include full compensation for all work involved for furnishing all labor, tools, equipment, materials, and incidentals, as noted in the specifications, and as directed by the Director, and no additional compensation will be allowed. END OF SECTION TS-8

55 PROJECT PLANS Location Map & Site Plan (See Attached Exhibits A & B) P-1

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