Item 25 - Agreement for Pool Maintenance and Repair Services

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(9) CITY OF SANTA ANA b) Contractor shall, at all times, cause all its agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before completion of the Contract. c) Nothing in this RFP is to be construed to permit work not conforming with any current laws, ordinances, and/or regulations. If the Contractor ascertains at any time that any requirement of the Contract varies from such applicable law, ordinance and/or regulation, it shall promptly notify the Public Works Executive Director or designee. d) No adjustments in the contract price shall be made due to changes in any law, ordinance and/or regulation occurring after submission of Proposals. Proposer shall incorporate said risk in its Proposal. e) The Contractor, at its own expense, shall pay all taxes properly assessed against its equipment, materials, or property used or required in connection with the Work. Contractor shall be required to comply with all "NPDES" rules, regulations and Best Management Practices related to the Work. 17. Commencement of Work/ Notice to Proceed a) Unless otherwise specified, the Contract time shall commence upon the date of issuance of the City's written Notice to Proceed. The Contractor shall commence work within 15 days thereafter or on the date stipulated in the Notice to Proceed. b) The Notice to Proceed will not be issued until the Contract is properly executed, and insurance certificates have been submitted and approved. 18. Suspension of Work Climatic Conditions: a) The Public Works Executive Director or designee may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. b) No extension of time will be granted for suspension of work unless the suspension affects the timely completion of all Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Public Works Executive Director or designee and the Contractor on each day that work is suspended. Safety Hazard a) The Parks Superintendent may suspend operations if he/she determines that an imminent safety hazard exists. 19. Changes Initiated by The City a) In the event City desires to add additional sites, these additions shall be made at the rates listed in Contractor's Compensation Schedule. 20. Change Orders a) Prior to issuing an approved Change Order, the Public Works Executive Director or designee may request that the Contractor submit a proposal covering the changes. The request shall include a description of the proposed changes. Within three (3) days after receiving the request, the Contractor shall submit its proposal to the Public Works Executive Director or designee, including any claim for extension of time, and any and all compensation that may be necessary as a result of performing the changes. If the Parks Superintendent decides not to issue a Change Order after requesting a proposal from the Contractor, the Contractor shall be notified of such decision in writing. 21. City Inspection a) The Public Works Executive Director or designee shall regularly inspect the pools and all other City City of Santa Ana RFP 25-120 Page 25 of 52