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Project 144 - Proposal - 1997-02-04 COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA MANHOLE REHABILITATION PROJECT NO 1112100-144 NE�� no 0o O�J'.�1 Ai yc°'�p 4 oRnll°�� ROBIN B HAMERS MANAGER/DISTRICT ENGINEER Qc1/40F ES So- 4,' co O � 0 CJ 0 W m w R 20 � EX t time, � `rT CIVIU et 9TF°FCA1-' . BID SET NUMBER COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that sealed proposals for furnishing all labor materials, equipment, transportation, and such other facilities as may be required for the CONSTRUCTION OF THE FOLLOWING PROJECT MANHOLE REHABILITATION PROJECT NO 1112100-144 Bids will be received by the Costa Mesa Sanitary District at the office of the City Clerk, 77 Fair Drive, Costa Mesa, California until the hour of 10. 00a.m. , February 27, 1997, at which time they will be opened publicly and read aloud in the council chambers Sealed proposals shall bear the title of the work and the name of the bidder but no other distinguishing mark Any bid received after the scheduled closing time for the receipt of bids shall be returned to the bidder unopened It shall be the sole responsibility of the bidder to see that his bid is received in proper time A set of plans and specifications may be obtained at the City of Costa Mesa Department of Public Services, 4th Floor 77 Fair Drive, Costa Mesa, California upon a non-refundable payment of $10 00 An additional charge of $2 00 will be made if handled by mail [Phone (714) 754-5307 for purchasing information ] Each bid shall be made on the Proposal Form, provided in the contract documents and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid made payable to the Costa Mesa Sanitary District No proposals shall be considered unless accompanied by such cashier's check, cash or bidder's bond No bid shall be considered unless it is made on a blank form furnished by the Costa Mesa Sanitary District and is made in accordance with the provi- sions of the Proposal requirements Each bidder must be licensed and also prequalified as required by law A Class A or C42 contractor' s license is required The Board of Directors of the Costa Mesa Sanitary District reserves the right to reject any or all bids 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 Manager/Clerk of the District and shall forfeit penalties prescribed therefore for noncompliance of said code Dated February 4 , 1997 BY ORDER OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT TABLE OF CONTENTS Page Proposal P-1 PART 1 A Standard Specifications 1 Part 1 - General Provisions 1 1-2 Definitions 1 1-3 Abbreviations 2 2-1 Award of Contract 2 Procedure for Proposal Submittal 2 Request for Interpretation 3 Return of Bid Security 3 Execution of Contract 4 2-3 1 Subcontracts General 4 2-4 Contract Bonds 4 2-5 1 Plans and Specifications 4 2-9 1 Permanent Survey Markers 5 2-10 Authority of Board and Inspection 5 3-1 1 Changes in Work General 7 3-3 1 Extra Work General 7 6-1 Construction Schedule and Commencement of Work 7 6-6 2 Extension of Time 7 7-2 Prevailing Wage Rates 8 Apprentices 8 7-3 Contractor's Insurance 8 7-5 Permits and Licenses 9 7-6 The Contractor' s Representatives 10 7-8 1 Cleanup and Dust Control 10 7-8 5 Temporary Light Power and Water 10 7-10 Public Convenience and Safety 11 7-13 Laws To Be Observed 11 9-3 2 Partial and Final Payment 11 9-3 3 Delivered Materials 12 PART 2 Part 2 - Special Provisions 500-2 Manhole and Structure Rehabilitation 13 500-2 1 1 General 13 500-2 1 2 Measurement and Payment 13 B-III Traffic Control and Local Agency Jurisdiction 13 B-IV Safety Requirements 14 P R O P O S A L PROJECT NO 1112100-144 MANHOLE REHABILITATION TO THE BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT 77 FAIR DRIVE COSTA MESA CALIFORNIA 92626 GENTLEMEN In compliance with the NOTICE INVITING BIDS for MANHOLE REHABILITATION which is hereto attached, the undersigned has carefully examined the location of the proposed work, the plans specifications and other contract documents therefore and is satisfied as to the conditions to be encountered as to the character quality and quantity of work to be performed and materials to be furnished as to the requirements of the specifications and the contract It is mutually agreed that the submis- sion of a proposal shall be considered prima facie evidence that the bidder has made such examination If awarded the contract, the undersigned agrees to commence work under the contract within ten calendar days from the date of the contract and to complete said work within sixty (60) working days from the first day of commencement of said work unless legal extension is granted in accordance with the terms set forth in the specifications and to perform and complete the work as shown on the plans and in accordance with the specifications and other contract documents and to furnish all labor materials tools, and equipment necessary to complete the work in place in the manner and time prescribed at the following prices to wit PROPOSAL SCHEDULE Item Approx Item with Unit Price Unit Price No. Quantity Written in Words Figures Total 1 L S Repair existing manhole #1 for Dollars and Cents $ $ per Lump Sum 2 L S Repair existing manhole #2 for Dollars and Cents $ $ per Lump Sum P-1 Bidder's Initials 3 L S Repair existing manhole #3 for Dollars and Cents $ $ per Lump Sum 4 L S Repair existing manhole #4 for Dollars and Cents $ $ per Lump Sum 5 L S Repair existing manhole #5 for Dollars and Cents $ $ per Lump Sum 6 L S Repair existing manhole #6 for Dollars and Cents $ $ per Lump Sum 7 L S Repair existing manhole #7 for Dollars and Cents $ $ per Lump Sum 8 L S Repair existing manhole #8 for Dollars and Cents $ $ per Lump Sum 9 L S Repair existing manhole #9 for Dollars and Cents $ $ per Lump Sum 10 L S Repair existing manhole #10 for Dollars and Cents $ $ per Lump Sum 11 L S Repair existing manhole #11 for Dollars and Cents $ $ per Lump Sum P-2 Bidder 's Initials 12 L S Repair existing manhole #12 for Dollars and Cents $ $ per Lump Sum 13 L S Repair existing manhole #13 for Dollars and Cents $ $ per Lump Sum 14 L S Repair existing manhole #14 for Dollars and Cents $ $ per Lump Sum 15 L S Repair existing manhole #15 for Dollars and Cents $ $ per Lump Sum 16 L S Repair existing manhole #16 for Dollars and Cents $ $ per Lump Sum 17 L S Repair existing manhole #17 for Dollars and Cents $ $ per Lump Sum 18 L S Repair existing manhole #18 for Dollars and Cents $ $ per Lump Sum 19 L S Repair existing manhole #19 for Dollars and Cents $ $ per Lump Sum 20 L S Repair existing manhole #20 for Dollars and Cents $ $ per Lump Sum P-3 Bidder' s Initials 21 L S Repair existing manhole #21 for Dollars and Cents $ $ per Lump Sum 22 L S Repair existing manhole #22 for Dollars and Cents $ $ per Lump Sum 23 L S Repair existing manhole #23 for Dollars and Cents $ $ per Lump Sum 24 L S Repair existing manhole #24 for Dollars and Cents $ $ per Lump Sum 25 L S Repair existing manhole #25 for Dollars and Cents $ $ per Lump Sum 26 L S Repair existing manhole #26 for Dollars and Cents $ $ per Lump Sum 27 L S Repair existing manhole #27 for Dollars and Cents $ $ per Lump Sum 28 L S Repair existing manhole #28 for Dollars and Cents $ $ per Lump Sum 29 L S Repair existing manhole #29 for Dollars and Cents $ $ per Lump Sum P-4 Bidder's Initials 30 L S Repair existing manhole #30 for Dollars and Cents $ $ per Lump Sum 31 L S Repair existing manhole #31 for Dollars and Cents $ $ per Lump Sum 32 L S Repair existing manhole #32 for Dollars and Cents $ $ per Lump Sum 33 L S Repair existing manhole #33 for Dollars and Cents $ $ per Lump Sum 34 L S Repair existing manhole #34 for Dollars and Cents $ $ per Lump Sum 35 L S Repair existing manhole #35 for Dollars and Cents $ $ per Lump Sum 36 L S Repair existing manhole #36 for Dollars and Cents $ $ per Lump Sum 37 L S Repair existing manhole #37 for Dollars and Cents $ $ per Lump Sum 38 L S Repair existing manhole #38 for Dollars and Cents $ $ per Lump Sum P-5 Bidder' s Initials 39 L S Repair existing manhole #39 for Dollars and Cents $ _ $ per Lump Sum 40 L S Repair existing manhole #40 for Dollars and Cents $ _ $ per Lump Sum 41 L S Repair existing manhole #41 for Dollars and Cents $ _ $ per Lump Sum 42 L S Repair existing manhole #42 for Dollars and Cents $ $ per Lump Sum 43 L S Repair existing manhole #43 for Dollars and Cents $ $ per Lump Sum 44 L S Repair existing manhole #44 for Dollars and Cents $ $ per Lump Sum 45 L S Repair existing manhole #45 for Dollars and Cents $ $ per Lump Sum 46 L S Repair existing manhole #46 for Dollars and Cents $ $ per Lump Sum 47 L S Repair existing manhole #47 for Dollars and Cents $ $ per Lump Sum P-6 Bidder' s Initials 48 L S Repair existing manhole #48 for Dollars and Cents $ $ per Lump Sum 49 L S Repair existing manhole #49 for Dollars and Cents $ $ per Lump Sum 50 L S Repair existing manhole #50 for Dollars and Cents $ $ per Lump Sum 51 L S Repair existing manhole #51 for Dollars and Cents $ $ per Lump Sum 52 L S Repair existing manhole #52 for Dollars and Cents $ $ per Lump Sum 53 L S Repair existing manhole #53 for Dollars and Cents $ $ per Lump Sum 54 L S Repair existing manhole #54 for Dollars and Cents $ $ per Lump Sum Total or gross sum written in words Total or gross sum in figures Bidder' s Initials In case of a discrepancy between the words and figures, the words shall prevail P-7 Bidder' s Initials 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 ten per cent of the total bid price, payable to the Costa Mesa Sanitary District P-8 Bidder 's Initials 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 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 19 (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 P-9 Bidder's Initials 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 Bidder shall signify receipt of all Addenda here if any Addendum No Date Received Bidder's Signature P-10 Bidder 's Initials 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 Cali- fornia, 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 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 P-11 Bidder' s Initials 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 199 P-12 Bidder' s Initials 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 direct- ly 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 whatso- ever, 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 199 My Commission expires Notary Public P-13 Bidder 's Initials PART 1 A 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 is the Costa Mesa Sanitary District's Standard Plans and Specifications for the Construction of Sanitary Sewers B GENERAL PROVISIONS Following additions are made in the "Standard Specifications" If there is a conflict between 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 Stan- dard Specifications, General Provisions, Special Provi- sions, 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 - 1 - (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 Government CONTRACT Code The provisions of this act and other applicable ACT laws form and constitute a part of the provisions of this contract to the same extent as if set forth herein in full 1-3 ABBREVIATIONS CCM City of Costa Mesa CMSD Costa Mesa Sanitary District CNB City of Newport Beach CSD County Sanitation Districts of Orange County OCEMA Orange County Environmental Management Agency 2-1 AWARD 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 accor- dance with the Notice Inviting Bids In addition to the required signa- tures in the spaces provided in the proposal forms, each bidder shall initial each sheet of the proposal forms at the bottom right hand corner 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 inter- ested 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 limitiations 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 - 2 - 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 interpre- tations 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 City 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 - 3 - 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 Attorney for the District No proposal shall be considered binding upon the District until the execution of the contract by the District 2-3 1 SUBCONTRACTS GENERAL The Engineer as duly authorized officer may consent to Subcontractor substitution requested by the Contractor subject to the limitiations and notices prescribed in Section 4107 of the Government 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 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 1 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 - 4 - If after award of contract should it appear that the work to be done, or any matter relative thereto, is not sufficently 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 2-10 AUTHORITY OF BOARD AND INSPECTION Authority of Board and Inspection shall conform to Section 2-10 of Standard Specifications and the following 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 - 5 - 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 and final acceptance of work 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 con- sider and render a final decision on any such protest within 30 days of receipt of same - 6 - 3-1 1 CHANGES IN WORK GENERAL Engineer shall be the duly authorized officer who may 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 EXTENSION 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 superintendence 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 10 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 - 7 - 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 PREVAILING WAGE RATES 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 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 Con- tractor or any Subcontractor under him The Contractor and any Subcon- tractors 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 Rela- tions, Ex-Officio the Administrator of Apprenticeship San Francisco California or from the Division of Apprenticeship Standards and its branch offices 7-3 CONTRACTOR'S 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 Subcon- tractor 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 re- quired 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 - 8 - 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 c Motor vehicle public liability and property damage insurance to cover each automobile truck and other vehicles used in the performance of the contract in an amount of not less than $250, 000 for one person and $500, 000 for more than one person and property damage in the sum of $100 000 per occurrence and $250 000 in the aggregate resulting from any 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 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 AND LICENSES 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 soley responsible for all work performed under the permit - 9 - 7-6 THE CONTRACTOR'S REPRESENTATIVE Contractor shall also file with the Engineer the addresses and tele- phone 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 - 10 - 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 2 PARTIAL AND FINAL PAYMENT The leading 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 recommend- ation of the Engineer, accept the work as complete and authorize the final payment - 11 - 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 classed as work done, except as otherwise provided in these specifications - 12 - CMSD 1112100-144 MANHOLE REHABILITATION PART II SPECIAL PROVISIONS The following additions are made to the "Standard Specifications" If there is a conflict between these additions and the Standard Specifications, these additions shall have precedence 500-2 MANHOLE AND STRUCTURE REHABILITATION All work for rehabilitating and lining manholes shall conform to this section of the Green Book 500-2 1 1 General The contractor shall use the method described in Section 500- 2 4 , Air-Placed Concrete and Polyurethane Protective Lining Manhole Rehabilitation, for rehabilitating and lining the manholes indicated on the plans The lining shall be warranted for five (5) years after the date the Notice of Completion is recorded Contractor shall remove and replace all failures at his expense during the warranty period 500-2 1 2 Measurement and Payment Payment for rehabilitating and lining each manhole shall be on a lump sum basis for each manhole indicated on the plans and shall include all equipment labor, and materials to perform the work and shall also include the services of a registered Traffic Engineer to prepare, for approval by the local agency, traffic control and detour plans for all signalized intersections and other intersections where the local agency will not accept the WATCH Manual or other publication standard drawings B-III TRAFFIC CONTROL AND LOCAL AGENCY JURISDICTION The Contractor shall obtain a permit from the local agency having jurisdiction over the areas where the work is being done The local agencies are the City of Costa Mesa the City of Newport Beach, and the County of Orange The Contractor is responsible for providing the local agency with traffic control and detour plans that are necessary to obtain the permits - 13 - B-IV SAFETY REQUIREMENTS The Contractor shall conform to the latest OSHA requirements while working in the manholes and sewer lines and shall abide by the Work Area Traffic Control Handbook (WATCH) the Manual of Warning Signs Lights, and Devices for use in performance of Work Upon Highways, and the local agency's directives for traffic control and safety - 14 -