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CMSD #204 Contract SpecCOSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA CONTRACT SPECIFICATIONS FOR #204 SEWER MANHOLE SURFACE REPAIR PROGRAM-PHASE I Bid Date: August 5, 2014 Contract Time: 45 Working Days  Robin B. Hamers District Engineer Costa Mesa Sanitary District   BID SET NUMBER        SEWER MANHOLE SURFACE REPAIR PROGRAM-PHASE I Project No. 204 TABLE OF CONTENTS NOTICE INVITING SEALED PROPOSALS (BIDS) BID PROPOSAL STANDARD SPECIFICATIONS SPECIAL PROVISIONS SEPARATE ATTACHMENT “A” INDEX SHEET FOR MAPS SEPARATE ATTACHMENT “A1” CONSTRUCTION NOTES & MAPS SEPARATE ATTACHMENT “B” CONSTRUCTION NOTES (ADDITIONAL COPY) CITY OF COSTA MESA STANDARDS ENCROACHMENT PERMIT REQUIREMENTS CITY OF COSTA MESA STD. DWG. NO. 813 COSTA MESA SANITARY DISTRICT STANDARDS CMSD STD. DWG. NO. S-105 REQUEST FOR CHANGE ORDER FORM SEPARATE ATTACHMENT “C” COSTA MESA SANITARY DISTRICT CONSTRUCTION AGREEMENT COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA NOTICE INVITING SEALED PROPOSALS (BIDS) NOTICE IS HEREBY GIVEN that the Board of Directors of the Costa Mesa Sanitary District invites and will receive sealed proposals (bids) for furnishing all labor, materials, equipment, transportation, permits, and other items necessary for the construction of the following project: SEWER MANHOLE SURFACE REPAIR PROGRAM – PHASE I Project No. 204 Bids will be received by the Costa Mesa Sanitary District office at 628 West 19th Street, Costa Mesa, California until the hour of 10:00 a.m. on the 5TH day of August 2014, at which time they will be opened publicly and read aloud in the Board Conference Room. Sealed proposals shall bear the title of the project and the name of the bidder. Any bid received after the scheduled bid opening time shown above will not be accepted and returned to the bidder unopened. It shall be the sole responsibility of the bidder to seal and deliver the bid proposal to the District office at or before the time specified in this notice provided. A set of the approved contract documents including plans and specifications may be obtained at the SABP Reprographics, 2372 Morse Avenue, Irvine, CA 92614, (949) 756-1001 (e-mail: workorder@sabp.com). The Contractor shall comply with the provisions of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California. Prevailing rates shall be paid to all workers employed in the performance of the contract. Such rates of wages are on file with Department of Industrial Relations and in the office of the District and are available to any interested party upon request. The contractor is responsible for all penalties prescribed for noncompliance to these provisions. Each bid shall be submitted on the Bid Proposal Form furnished as part of the contract documents, and shall be accompanied by a certified check, a cashier's check or a bidder's bond in an amount not less than 10-percent of the amount of the bid, made payable to the Costa Mesa Sanitary District. The check or bond shall be given as guarantee that the bidder will enter into a contract with the District and furnish the required payment and performance bonds and certificates of insurance and endorsements if awarded the work. The check or bond will be declared forfeited if the successful bidder does not enter into the contract or furnish the required bonds and insurance forms under the time frame specified in the construction agreement. It is imperative that the bidders carefully review this notice and the District’s standard construction agreement and insurance forms. The successful bidder will be required to comply with all requirements in the standard construction agreement and insurance forms. In the event of failure or inability to meet these requirements after the award of contract, the District shall have the right to reject the bid and/or declare a forfeiture of the bid bond. Pursuant to California Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the District or an approved financial institution in order to have the District release funds retained by the District to insure performance of the contract. Liquidated damages in the sum of $250 per day shall be imposed for each unexcused day beyond the contract completion date. The Board of Directors of the District reserves the right to select the schedule(s) under which the bids are to be compared and contract(s) awarded, to reject any and all bids, and to waive any and all irregularity in any bid. Dated: July 2, 2014 BY ORDER OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA BID PROPOSAL FORM SEWER MANHOLE SURFACE REPAIR PROGRAM-PHASE I Project No. 204 Name of Bidder: Address: Phone No.: TO THE BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT: Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and the other documents relating thereto, the undersigned bidder has carefully examined and is completely familiar with the plans, specifications, and contract documents including the local conditions affecting the performance of the contract, the character, quality, quantities, and scope of the work, and the materials to be furnished as to the requirements of the specifications and the contract. If awarded the contract, the undersigned bidder hereby proposes and agrees to perform within the time stipulated in the contract, including all of its component parts and everything required to be performed, and to furnish any and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items necessary to perform the contract and complete in a workmanlike manner, all of the work required in connection with the construction of said work all in strict conformity with the plans and specifications and other contract documents, including addenda Nos.: , , , , and , on file in the District office for the prices hereinafter set forth. 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 person, firm, or corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract with the District in the form set forth in the contract documents and that he will accept in full payment thereof the following prices, to wit: CMSD SEWER PROJECT NO. 204 SCHEDULE OF WORK ITEMS (SCHEDULE A) SEWER MANHOLE SURFACE REPAIR PROGRAM-PHASE I  BID ITEM APPROX. QUANTITY DESCRIPTION UNIT PRICE TOTAL AMOUNT   1 Lump Sum Bonds, Insurance, and Permits: Work under this item includes any costs incurred for securing bonds, insurance, permits and financing for construction work. $ Lump Sum $   2 Lump Sum Mobilization, Demobilization and Cleanup: Work under this item shall include preparatory and cleanup operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to and from the project site, securing a temporary construction yard, and maintaining the project site in a safe and orderly manner during construction. $ Lump Sum $   3 Lump Sum Traffic Control: Furnish all labor, materials, and equipment for the installation and removal of the required traffic control including, but not limited to, traffic control plans (if required by City), changeable message boards, signs, delineators, traffic cones, barricades, flashing arrow signs, steel plates, and all other traffic control devices necessary to comply with the traffic control plans. $ Lump Sum $   4  50 each Remove existing manhole frame and cover and concrete collar and 24” asphalt ring; Install new frame & cover and new concrete collar and asphalt ring per CMSD Std. S-105 and City Std. 813 to match street grade. CMSD to provide new frames and covers and contractor to obtain from District yard. Work under this item shall be all inclusive and include furnishing and installing all labor, material, traffic control plan, and other work necessary to install new concrete collar, asphalt ring, and frame & cover. $ each $   5  29 each Remove existing manhole frame and cover and concrete collar and 24” asphalt ring; After removal, District to determine if new frame and cover required. Contractor to install frame & cover and new concrete collar and asphalt ring per CMSD Std. S-105 and City Std. 813 to match street grade. New frames and covers available at District yard. Work under this item shall be all inclusive and include furnishing and installing all labor, material, and other work necessary to install new concrete collar, asphalt ring, and frame & cover. $ each $   6  1 each Adjust existing & buried manhole frame and cover to grade per CMSD Std. 105 and City Std. 813. District to determine if new frame and cover required. Work under this item shall be all inclusive and include furnishing and installing all labor, material, and other work necessary to adjust existing manhole frame & cover to grade. $ each $   7  1 l.s. Construct 3” thick concrete band 12” wide around Manhole No. 104099. Work under this item shall be all inclusive and include furnishing and installing all labor, material, and other work necessary to construct new concrete band. $ Lump Sum $   8  2 each Grind “OCSD” off sewer manhole covers. Work under this item shall include furnishing and installing all labor, material, and work necessary to grind “OCSD” off sewer manhole covers. $ each $   TOTAL AMOUNT OF ITEMS 1 THROUGH 8 $      (TOTAL IN WORDS)        Bidders Initials____ Note: In case of a discrepancy between the words and figures, the words shall prevail. The Contractor agrees that the District will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or mis-statements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefor, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract. The Contractor agrees that the District shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work. Accompanying this proposal is ____________________________________________ _______________________________ ($________________). NOTICE: Insert the words "Cash", "Certified Check", or "Bidder`s Bond", as the case may be in an amount equal to at least 10% of the total bid price, payable to the Costa Mesa Sanitary District. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted by the District and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the District with surety satisfactory to the District within 10 Days after the bidder has received written notice of the award of the contract; otherwise, said security shall be returned to the undersigned. Respectfully submitted, _________________________________ _________________________________ Contractor's Business Name Contractor Title _________________________________ _________________________ ________ Business Address: Street By: Title _________________________________ _________________________________ City State Zip Contractor's License, Expiration Date & Classification __________________________________ Business Phone Number __________________________________ Name Title __________________________________ Residence Phone Number __________________________________ Bidder’s Residence: Street __________________________________ City State Zip I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. Dated at ____________________, this________ day of________________ 20____. ________________________________ (Signed) The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are as follows: NOTICE: Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer and Manager, and affix corporate seal; in all cases of partnerships and joint ventures give names of all the individual members.                     CONSTRUCTION PROJECT REFERENCES In order to more fully evaluate your background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed, or in progress, within the last 24 months. Your cooperation in this matter is greatly appreciated. DATE PROJECT AGENCY'S CONTRACT AWARDED AWARDING AGENCY ADMINISTRATOR PROJECT ADDENDA Bidder shall signify receipt of all Addenda here, if any: ADDENDUM NO. DATE RECEIVED BIDDER’S SIGNATURE                           DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of 1/2 of 1% of the prime Contractor's total bid and shall further set forth the portion of the work which will be done by each such Subcontractor. Only one Subcontractor for each such portion shall be listed. Contractor to also include the Subcontractor’s license number and the type of work performed. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such work himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. Portion State License Of Work Subcontractor's Name and Address Number Class 10% BIDDER'S BOND TO ACCOMPANY PROPOSAL (Required if the bidder desires to submit bond instead of a certified or cashier's check). KNOW ALL PEOPLE BY THESE PRESENTS: That we, _____________________________________________as principals, and _________________________________________as surety, are held and firmly bound unto the Costa Mesa Sanitary District, a special district, organized under the laws of the State of California and situated in Orange County in the sum of _______________________________________________ ($_____________________) to be paid to the District, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or assigns, joint and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the certain proposal of the above bounden ______________________________ __________________________, is accepted by the Costa Mesa Sanitary District, and if the above bounden, _________________________ __________________ his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within 10 days (not including Sunday) from the date of the mailing of a notice of the above bounden, __________________, by and from District, that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF: We hereunto set our hands and seals this ______________________ day of ____________________, 20__. __________________________________ __________________________________ __________________________________ NON-COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidder, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any Subcontractor or supplier through any bid depository, the By-Laws, Rules, or Regulation of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or supplier which is not processed through said bid depository, or which prevent any Subcontractor or supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me by: _____________________________________ This _______ day of ___________ 20__. My Commission expires: _____________________________________ Notary Public STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" (Green Book) and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications" of the Costa Mesa Sanitary District and shall be considered as a part of these specifications. Also a part of these specifications are the Costa Mesa Sanitary District's Standard Plans and Specifications for the Construction of Sanitary Sewers. The following additions are made to the "Standard Specifications". If there is a conflict between the Standard Specifications and these additions, these additions shall have first precedence. 1-2 DEFINITIONS (a) AGENCY The Costa Mesa Sanitary District, also hereinafter called "District". (b) BOARD The Board of Directors of the Costa Mesa Sanitary District. (c) CONTRACT Documents including but not limited to the Proposal, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract Agreement and all Addenda setting forth any modifications of the document. (d) ENGINEER District Engineer of the Costa Mesa Sanitary District. (e) BIDDER Any individual, co-partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. (f) LEGAL ADDRESS The legal address of the Contractor shall be the address of contractor given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract. (h) STATE Chapter 3, Part 5, Division 3, Title 2 of the CONTRACT Government Code. The provisions of this ACT and other applicable laws form and constitute a part of the provisions of this contract to the same extent as if set forth herein, in full. 2-1 AWARD AND EXECUTION OF CONTRACT The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all requirements of the notice inviting bids. The District, however, reserves the right to reject any or all bids, and to waive any informality in the bids received. The award, if made, will be made within 30 days after the opening of the bids. PROCEDURE FOR PROPOSAL SUBMITTAL Proposal shall be made and submitted on the Proposal Forms in accordance with the Notice Inviting Bids. No person, firm, or corporation, shall be allowed to make, file, or be interested in, more than one bid for the same work; unless alternate bids are called for. A person, firm, or corporation, who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders. If, on the opening of bids, more than one bid appears in which the same person, firm, or corporation, is interested as a principal, all such bids shall be rejected. Proposals with interlineations, alterations, or erasures, shall be initialed by the bidder's authorized agent. Alternative proposals, special conditions, or other limitations or provisions affecting the bid, except as such called for by the contract documents, will render the bid informal and may cause its rejection. All proposals must give the prices bid for the various items of work and must be signed by the bidder, who shall give his address. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and not sham or collusive or made in the interest or behalf of any other person not therein named and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over any other bidder. REQUEST FOR INTERPRETATION If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans, specifications, or other proposed contract documents, or finds discrepancies in, or omissions from the drawings or specifications, he may request the Engineer, in writing, for an interpretation or correction thereof. The person submitting such a request shall be responsible for its prompt delivery. All such interpretations of the contract documents will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or delivered to each person receiving a set of contract documents at his last address of record. The District will not be responsible for any other explanations or interpretations of the contract documents. RETURN OF BID SECURITY Any bidder may withdraw his bid, either personally, or by telegraphic or written request, at any time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to see that any such telegraphic or written request is delivered to the District Clerk prior to said closing time. Bid security of such bidders will be returned promptly to the bidder. The bid security of the three lowest bidders will be retained until the contract is awarded, entered into and executed with the bidder of accepted bid, after which those will be returned to the respective bidders with whose proposal they accompanied. The bid security of all other bidders will be returned after the canvass of bids. The bid security of the bidder of accepted bid will be held by the District until the contract has been entered into, and the bonds accompanying the same are approved and filed, whereupon the said bid security will be returned to the bidder. If the bidder fails or refuses to enter into contract to do the work, the bid security shall be forfeited to the District and shall be collected and paid to the General Fund of the District. LICENSE REQUIRED Contractor shall have a Class A or C42 license to perform this work. "OR EQUAL" PROVISION When otherwise specified, any product called for on these Specifications may be substituted using the process described in Public Contract Code Section 3400. EXECUTION OF CONTRACT The contract shall be signed by the successful bidder and returned to the District, together with the contract bonds as specified in Section 2-4 of the Standard Specifications and as amended below and any changes or additions made thereto in these specifications within 10 days after receipt of written notice of award of contract. The form of contract agreement to be executed by the Contractor will be supplied by the Counsel for the District. No proposal shall be considered binding upon the District until the execution of the contract by the District. ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT CLAIMS In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties. MINED CONSTRUCTION MATERIAL CONTRACTOR warrants that it will not purchase mined construction material for PROJECT except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. 2-3.1 SUBCONTRACTS: GENERAL The Engineer, as duly authorized officer may consent to Subcontractor substitution requested by the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code. 2-4 CONTRACT BONDS The "Faithful Performance Bond" and the "Labor and Material Bond" shall both be one hundred percent (100%) of the contract price and shall be furnished on the District's standard forms. The Faithful Performance Bond shall be held for one year from the date the Notice of Completion is recorded. Sureties providing performance bonds for Contractors must be licensed or agree to employ a licensed Contractor, with a Class A or other applicable specialty contractor's license from the State of California. 2-5 PLANS AND SPECIFICATIONS Engineer will provide the Contractor, free of charge, copies of plans and specifications that are reasonably necessary for the execution of work. Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, for his general use. If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the contract. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies. 2-9.1 PERMANENT SURVEY MARKERS Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monument, ties and benchmarks located within the limits of the work. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and benchmarks disturbed during construction shall be reset per local agency standards after construction and the tie notes submitted to the appropriate governing agency on 8-1/2" X 11" loose leaf paper. The Contractor and his sureties shall be liable for, at his own expense, any resurvey required due to his negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls. Unless a separate bid item is provided, full compensation for conforming to the requirements of this sub-section shall be considered as included in the contract bid price paid for various other items of work and no additional compensation will be allowed. 2-11 INSPECTION The Contractor shall give at least 48 hours advance notice of time when he or his Subcontractor will start or resume the various units of operations of the work as per the contract, or resume the said units or operations when they have been suspended as per the contract. The above notice is to be given during working hours, exclusive of Saturday, Sunday or holidays for the purpose of permitting the Engineer to make necessary assignments of his representative or inspector on the work. Any work performed in conflict with said notice without the presence or approval of the inspector, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer or inspector on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment or final acceptance of work or exoneration of bonds shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing, as provided in the following paragraph, and as provided in Section 1670 of the Civil Code. If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he shall within 10 days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless with the 10 days thereafter the Contractor shall file with the Board of Directors a formal protest against said decision of the Engineer. The Board of Directors shall consider and render a final decision on any such protest within 30 days of receipt of same. 3-1.1 CHANGES REQUESTED BY THE CONTRACTOR: GENERAL Engineer shall be the duly authorized officer to grant the changes prescribed in this section. 3-3.1 EXTRA WORK: GENERAL The extra work as defined in this section of Standard Specifications and any work done beyond the lines and grades shown on the plans shall only be performed when ordered in writing by the Engineer. In absence of such written order any such work shall be considered unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit for approval by the Engineer, a complete schedule showing the number of working days required to complete the project. 6-6.2 EXTENSIONS OF TIME In the event the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the Board of Directors shall have the right to increase the number of working days for completion or not, as may seem best to serve the interest of the District. Except for the delays beyond Contractor's control as described in Sections 5-5 and 6-6.1, the District shall have the right to charge the Contractor, his heirs, assigns, or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendent and other overhead expenses which are directly chargeable to the Contractor and which accrued during the period of such extensions except that the cost of the final services and preparation of the final estimates shall not be included in such charges. In addition to the above charges, Contractor shall pay to the District liquidated damages as specified in Section 6-9 for such delays. No extension of time for the completion of the work called for under the contract shall be allowed unless at least 20 days prior the the time fixed for the completion thereof, or the time fixed by the Board of Directors or its designee for such completion as extended, Contractor shall have filed application for extension thereof, in writing, with the Engineer addressed to the Board of Directors or its designee. In this connection it is understood that the Engineer shall not transmit any such request to the Board or its designee if not filed within the time herein prescribed. 7-2 LABOR The Contractor shall comply with the provisions of Section 1770 to 1780, inclusive, of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California, which are filed with the Assistant Secretary of said District, and shall forfeit penalties prescribed therefore for noncompliance of said Code. Travel and subsistence payments shall be paid in accordance with Labor Code 1773.8 as defined in applicable collective bargaining agreements. In order to verify the compliance of said code, Contractor may be required by the District, from time to time, to furnish weekly, for the duration of the contract period, copies of his payroll statements showing wages paid each employee during the preceding week and the employee work classification to the Engineer for checking. Using Form DH-H-347, Payroll Statement of Compliance is an acceptable method of fulfilling the above requirement. APPRENTICES Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any Subcontractors under him shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, Ex-Officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. LIABILITY INSURANCE The Contractor shall not commence work under his contract until he has obtained all insurance required under this heading in a company acceptable to the District, nor shall the Contractor allow any Subcontractor to commence work on his sub-contract until all insurance required of the Subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of the contract the following policies of insurance. a. Workman's compensation insurance to cover his employees as required by the Labor Code of the State of California, and the Contractor shall require all subcontractors similarly to provide such compensation insurance for all of the latter's employees. b. Public liability and property damage insurance on account of bodily injuries, including death resulting therefrom in the sum of $5,000,000. combined, single limit for any one accident which may arise from the operations of the Contractor in performing the work provided for herein. Each of the policies of insurance provided for shall contain a clause substantially in the following words: It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof be reduced until ten days after receipt by the Engineer of a written notice of such cancellation or reduction in coverage, as evidenced by receipt of a registered letter. The insurance required to be provided herein shall be provided by a domestic carrier authorized to, and doing business in, the State of California and rated A+ XI by Best Key Rating Guides--Property-Casualty and admitted for coverage in the State of California Insurance Guarantee Fund. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required herein, or present a certificate of insurance showing the issuance of such insurance. Contractor shall also provide an endorsement naming the District as an additional insured. 7-5 PERMITS Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorization, applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. In the case the agency does procure any permits, it is understood that the agency is acting as an authorized agent for the contractor, and that the Contractor shall be solely responsible for all work performed under the permit. 7-6 THE CONTRACTOR'S REPRESENTATIVE Contractor shall also file with the Engineer the addresses and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress. instructions and information given by the Engineer to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor. 7-8.1 CLEANUP AND DUST CONTROL All surplus materials shall be removed from the site of the work daily after completion of the work causing the surplus materials. Unless the construction dictates otherwise, and unless otherwise approved by the Engineer, Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete. Failure of the Contractor to comply with the Engineer's dust control orders may result in an order to suspend work until the condition is corrected; and after filing notice to the Contractor, the Engineer may order this accomplished by others. All costs thus incurred shall be deducted from the amount to be paid to the Contractor. No additional compensation will be allowed as a result of such suspension. No separate payment will be made for any work performed, of material used, to control dust resulting from the Contractor's performance on the work, or by public traffic, either inside or outside the right of way. Full compensations for such dust control will be considered as included in the prices paid for the various items or work involved. 7-8.5 TEMPORARY LIGHT, POWER AND WATER The Contractor shall provide for his employees and adequate supply of clean potable drinking water, which shall be dispensed through approved sanitary facilities. 7-10 PUBLIC CONVENIENCE AND SAFETY The Contractor shall abide by the following publications which are hereby made a part of these specifications: The Work Area Traffic Control Handbook (WATCH). The Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways. State Labor Code Sections 6704, 6706 and 6707. The Construction Safety Orders (CAL/OSHA). The General Industry Safety Orders (CAL/OSHA). Standard Specifications for Public Works Construction (The Green Book) 7-13 LAWS TO BE OBSERVED The Contractor shall protect and indemnify the District, the Board of Directors, the Engineer, and all of its or their officers, agents and servants against any claim or liability arising from or based on the violation of any existing or future State, Federal and Local laws, ordinances, regulations, orders or decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. 9-3.1 PAYMENT: GENERAL Contractor is reminded that the unit and lump sum prices shown in the proposal shall be full compensation for the items of work described in the proposal including all incidental, appurtenant, or related work and materials, whether or not mentioned or specified, required to deliver the final product shown on the plans. Contractor shall have examined the contract documents and site and shall include in his bid furnishing all materials, labor, equipment, tools, incidental, appurtenant, or related work to complete the job in order that no separate work or compensation is needed to complete the work. 9-3.2 PARTIAL AND FINAL PAYMENT The lead time for processing invoices for the monthly progress payment approved by the Engineer for inclusion on the warrant list of the District is governed by the rules and regulations established by the Board of Directors. Invoices for monthly payments shall be submitted to the Engineer no later than the 25th of each month. After completion of the contract, the Board shall, upon recommendation of the Engineer, accept the work as complete and authorize the final payment. The amount retained and deducted by the District shall be 5% of the progress estimates for all progress payments. The final payment of the retention amount to the Contractor shall be made 35 days from the date of the recording of the Notice of Completion of the work after it is accepted by the Board of Directors and shall be made on duly certified voucher therefore. It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract, except the final certificate of final payment, shall be conclusive evidence of full or substantial performance of this contract; and no payment shall be construed to be an acceptance of any defective work or improper material. The acceptance of final payment by the Contractor shall release the District, the Board of Directors and the Engineer from any and all claims or liabilities on account of work performed by the Contractor under the contract or any alterations thereof. 9-3.3 DELIVERED MATERIALS Materials delivered, but not in place, will not be classified as work done, except as otherwise provided in these specifications. SPECIAL PROVISIONS SEWER MANHOLE SURFACE REPAIR PROGRAM-PHASE I Project No. 204 A. GENERAL SPECIFICATIONS All construction including materials, testing, and installation shall conform to the following specifications: A.1 Costa Mesa Sanitary District “Standard Plans and Specifications for the Construction of Sanitary Sewers” as last revised. A.2 Standard Specifications for Public Works Construction (SSPWC) latest edition, also referred to as the “Greenbook”. A.3 American Society of Testing and Materials (ASTM); latest edition. B. SEWER MANHOLES B.1 ADJUSTMENT OF MANHOLE FRAMES AND COVERS B.1.1. General This section deals with the adjustment of manhole frames and covers when new or existing manhole frames and covers are used. B.1.2. Manhole Frames and Covers Where required, the existing manhole frames and covers shall be removed and salvaged and a new manhole frame and cover installed and adjusted by the Contractor in accordance with industry standard practices and as directed by the District. When the existing manhole frame and cover is reused (when determined by District), frames and covers shall be installed and adjusted by the Contractor in accordance with industry standard practices and as directed by the District. Removing and replacement of pavement shall conform to the City of Costa Mesa and Costa Mesa Sanitary District specifications. New manhole frames and covers shall be provided by the District, unless noted otherwise. The contractor shall provide the District sufficient notice to allow for the acquisition of manhole frames and covers if necessary. B.1.3.Salvaging Manhole Frame and Cover All existing undamaged manhole frames and covers removed from the manholes shall be considered as salvaged frames and covers. These salvaged frames and covers shall remain the property of the District at all times after removal and delivered to the District’s yard. Reasonable care shall be exercised to prevent unnecessary damage to the salvaged frames and covers. The Contractor shall, upon removal of frame and cover, remove all grout from the salvaged frame and cover. B.2. RAISING OF MANHOLE FRAME AND COVER Manholes below grade shall be raised to grade using manhole riser sections as directed by the District. C. WARRANTY AND SHOP DRAWINGS The Contractor shall guarantee all materials to be new and all materials and workmanship to be free from defects for a period of one year from the date of written acceptance of the completed work by the Board of Directors of the Costa Mesa Sanitary District. The Contractor shall provide three (3) copies of shop drawings including catalog data, installation instructions, and certificates of compliance prior to purchasing or installing any materials.