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Home My WebLink AboutAGMT - Majich Bros., Inc. (SBB Sewer Force Main Replacement) • r ' RECORDING REQUESTED BY Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder AND WHEN RECORDED MAIL TO IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII NO FEE CITY OF SEAL BEACH 20010070384 IIIIIIIIIIII 09.20am 02107101 Attn: City Clerk 111 25 1412 1 211 8th Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Seal Beach, CA 90740 - Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereniafter described: 2. The full name of the owner is: City of Seal Beach 3. The address of the owner is: City of Seal Beach, 211 8"Street, Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is; In fee.The City of Seal Beach. 5. A work of improvement on the property hereinafter described as completed on 10/4/00. The work was: Seal Beach Blvd. Sewer Force Main Replacement, Project No. 814 6. The name of the contractor, if any, for such of improvement was: Majich Bros., Inc. 7. The date of the Contract was: May 22,2000. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California,and is described as follows: Seal Beach Blvd. from Station 37+44 to Station 91+35. Ap Date: / 0/ fel officer owner named in paragraph 2 or his agent. ASST. CITY ENGINEER VERIFICATION • I,the undersigned,say: the Director of Public Works declarant of the foregoing notice of completion;have read said notice of completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on /- -2 Z ,49700/, at Seal Beach, California. (Date of Signature) -oar Director Director of Public Works EXHIBIT °A° RECORDING- REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 6103 . PLEASE COMPLETE THIS I( MATION 0. RECORDING REQUESTED BY: CITY OF SEAL BEACH 211 - 8th Street S al Beach, California Recorded in Official Records, County of Orange / 90740 Gary Granville, Clerk-Recorder AND WHEN RECORDED MAIL TO: IIIIIIIII II IIIIIIIII II IIIIIIIIIIIII�I IIIII1NO FEE CITY OF SEAL BEACH 20010070383 09:20am 02/07/01 c/o CITY CLERK 111 25 R28 3 211 — 8th Street 0.00 0.00 0-00 0.00 0.00 0-00 0.00 0.00 Seal Beach, California 90740 - " THIS SPACE FOR RECORDER'S USE-0 NY - - - TITLE OF DOCUMENT: RESOLUTION NUMBER 4872 (PROJECT #814) , t5 It , Cliti �I • Q)/Y411pItHii 19I --- - THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION J�' (Additional recording fee applies) d WHEN RECORDED RETURN TO: RECORDING REQUESTED PURSUANT TO CITY OF SEAL BEACH GOVERNMENT CODE SECTION 6103 211 8TH STREET SEAL BEACH, CALIFORNIA 90740 RESOLUTION NUMBER 08704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #814, SEAL BEACH BOULEVARD SEWER FORCEMAIN REPLACEMENT CONTRACT ENTERED INTO BETWEEN MARCH BROS.,INC.,AND THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on May, 2000, the City of Seal Beach entered into a contract with Majich Bros., Inc. WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach as follows: Section 1. That the work required to be performed by said Contractor has been completed. Section 2. That the total cost of said work is in the amount of$ 1,125.559.64. Section 3. That the work is hereby accepted and approved. Section 4. It is further ordered that a "Notice of Acceptance", Exhibit "A", be filed on behalf of the City is in the Office of the County of Orange within 10 days of the date of this resolution. PASSED, APPROVED AND A11OPTE t . he City Council'of the City of Seal Beach at a meeting thereof held on the.PmA day o s.c , 20011 by the following vote: or AYES: Councilmember ,� ,._ il NOES: Councilmembers ABSENT: Councilmembers , its Mayor ' A. Ci lerk • 411 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that th foregoing resolution is an original copy of Resolution Number Z on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal B- .h, at a regular meeting thereof held on the epee./ day of , 2001. 11111P 1/40? f / Ci/Clerk • i* m\ yl3'fy � -MTY City of Seal Beach Addendum No. 2 814 Seal Beach Boulevard Force Main Replacement To all prospective Bidders under Contract Documents: The following changes have been made to the Special Provisions of the Contract Documents: INSERT: 203.19 CONTRACTORS USE OF THE PROJECT SITE: The contractor may leave on the street overnight, large construction equipment necessary for prosecution of the work. A maximum of one traffic lane on Seal Beach Blvd. may be closed for the purpose of parking equipment on the street. The contractor shall be responsible for the security of the site and the safety of the general public. The contractor. shall prepare and submit traffic control plans conforming to section 202.12 of the contract specifications, for review and approval by the City. K- rail type barricades shall be required for lane closures where equipment is to be left overnight. The contractor may use the equipment parking area for limited stockpiling or storage of materials and miscellaneous equipment upon written approval of the Director of Public Works. Excavated material shall be removed from the site upon its removal from the ground. Pipe, manholes, bedding, and backfill shall be brought on site as needed. Unused materials shall be removed from the project site at • ' snclusion of each days' construction activities. By order .p eal Beac , 41 `� A- 25-- 10 En 9oneering iivision Date • • • City of Seal Beach Addendum No. 1 814 Seal Beach Boulevard Force Main Replacement To all prospective Bidders under Contract Documents: The following changes have been made to the Contract Documents: Changes made by AKM's Addendum no 1 attached hereto are made part of these contract documents. Replace existing bid sheet with Revised Bid Sheet. By order .e City . eal Beach, 2C/Ce 410110 gi 1 D°on— Date • • • Water Resources AKM Consulting Engineers Transportation 101 Pacifica, Suite 150 Infrastructure - Irvine, California 92618 Telephone: 949.7517333 Construction Facsimile: 949.753.7320 Management ADDENDUM NO. 1 DATE: April 24, 2000 Project No. 0800351.10 To: All Planholders FROM: AKM Consulting Engineers Subject: Seal Beach Boulevard Force Main Replacement The following revisions, additions and/or deletions are hereby made a part of the bid documents for the construction of the Seal Beach Boulevard Force Main Replacement, as fully and completely as if the same were fully set forth therein. PLANS SHEET 1 OF 14—TITLE SHEET • REVISE Sta. 63+96.55 to Sta. 66+45.74 (Index of Sheets Description) SHEET 3 OF 14 — INDEX MAP • RELOCATE Boeing Pump Station Forcemain Stubout SHEET 4 OF 14 — PLAN AND PROFILE STA. 10+19.40 TO STA. 19+00.00 • RELOCATE Boeing Pump Station Connection • REVISE Rim Elevation at Manhole #1 from 7.77 to 7.32 • REVISE Rim Elevation at Manhole #2 from 7.75 to 7.28 • ADD The removal and replacement of 40 L.F. of 18-inch PVC, Class 235 AWWA C905, to the plan and profile SHEET 5 OF 14— PLAN AND PROFILE STA. 19+00.00 TO STA. 28+00.00 • ADD Construction Note 16 for 2-inch gas crossing at approximate profile station 26+05 — "Relocate existing gas facility. Contractor to coordinate relocation with SCG." SHEET 7 OF 14— PROFILE STATION 4.3+2.19 • CHANGE 8-inch inlet to 4-inch inlet SHEET 9 OF 14 - PLAN AND PROFILE STA. 58+00.00 TO STA. 66+40.74 r'specs\Seal Beam,City ot,Forcemam Replacement • CITY OF SEAL BEACH • • ADDENDUM NO. 1 April 24, 2000 Page 2 • REMOVE Manhole #20 • ADD 261.34 L.F. of 16-inch PVC, Class 235 AWWA C905 sewage forcemain from Station 63+84.40 to Station 66+45.74 • ADD Construction Note 14 — "Install 16-inch polyurethane lined DI elbow (push-on) with thrust block per detail 3 on sheet 13" • ADD Construction Note 15 — "Construct 16" PVC Class 235 AWWA C905 sewer forcemain per OCSD STD. S-010" • ADD Construction Note 16 — "Relocate existing gas facility. Contractor to coordinate relocation with SCG." SHEET 10 OF 14 — LATERALS • REVISE Boeing Forcemain Stub-out Plan and Profile • ADD Construction Note 12 — "Install 12-inch polyurethane lined D.I. 11 '/< degree vertical elbow (push-on) with thrust block per detail 3 on sheet 13" • ADD Construction Note 13 — "Install 12-inch polyurethane D.I. 45 degree elbow (push-on) with thrust block per detail 3 on sheet 13" • ADD Concrete Pavement in Hellman Ranch Forcemain Stub-out Profile SHEET 11 OF 14 — SIPHON DETAIL • REVISE Pipe invert elevation at Manhole #1 from 2.45 to 2.18 • REVISE Rim elevation at Manhole #1 from 7.77 to 7.32 • REVISE Rim elevation at Manhole #2 from 7.75 to 7.28 • REVISE Location of RCB culvert • REVISE Vent pipe from 8-inch PVC SDR 35 with 6-inch concrete encasement to 2-6-inch PVC DR 14 with 4-inch concrete encasement • REMOVE 12-inch inlet at Manhole #2 • ADD 12-inch inlet (Inv. 3.18) at Manhole #1 SHEET 12 OF 14 - DETAILS • REVISE Detail 1 • REVISE Detail 2 • REVISE Detail 5 • DELETE Detail 6 SHEET 13 OF 14 —5' DIAMETER MANHOLE AND PIPE ENCASEMENT DETAIL • REVISE Concrete encasement note from "A" = 6" for 8-inch PVC to "A" = 4" for 6-inch PVC • ADD Thrust block detail and notes r:\specs\CVWDWORTH OPEN SPACE WELL PUMP STATION CITY OF SEAL BEACH • • ADDENDUM NO. I April 24,2000 Page 3 BID SHEET ITEM NO. 1 • CHANGE quantity from 5171 L.F. to 5154 L.F. ITEM NO. 2 • CHANGE quantity from 121 L.F. to 120 L.F. • CHANGE 8-inch PVC Air Vent to 2-6-inch PVC Air Vents ITEM NO. 4 • CHANGE quantity from 9 EA to 8 EA ITEM NO. 6 • CHANGE quantity from 96 L.F. to 117 L.F. ITEM NO. 17 • ADD 40 L.F. of 18-inch PVC Class 235 Sewer ITEM NO. 18 • ADD 2 EA of Relocation of Existing Gas Facility ITEM NO. 19 • ADD 261 L.F. 16-inch PVC Class 235 Sewer Force Main Receipt of this addendum must be acknowledged by signing below and inserting it into the Contractor's proposal. Bids submitted without this signed addendum shall be considered informal. By: ■ 4-137A-/6 011ohn Loague ate AKM Consulting Engineers This addendum has been incorporated in my proposal. By: Contractor Title Date: o\SPECS\CVWDWORTH OPEN SPACE WELL PUMP STATION Affil REVISED� ��^ �� _�� SHEET �� » � �� In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials and supplies for: THE SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH, to the satisfaction and under the direction of the Director of Pubjic Works,at the following prices: BID ST-TEE T SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT ±:%8: pp'!|['l |!/[!71H( -VT }/`� �{) LED i) ��'� Qtaiiity.W�0&� 1. 5154 L.F. 24-inch VCP Sewer 21-inch VCP Sewer Siphon 2. 120 LF including 2-6-inch PVC Air Vents Concrete Encasement~24' 3. 1815 LF inch and 21-inch Sewer 5'^U^ Diameter PVC Lined 4. 8 EA Manholes 4'`0" Diameter PVC Lined 5. 12 EA Manholes 12-inch PVC Class 200 Boeing 0. 117 LF � . PunnpStationStub^{}ut 0-inchVCP Adolfo Lopez Pump 7. 30 LF � . S1atinnCnnnection 4-inch PVC Class 200 Hellman 8. 94 LF � . Ranch Pump Station Stub-Out 16-inch PVC Temporary Bypass Pipeline, including 9. 350 LF. connections in existing 16-inch force main, K-Rail protection and removal • • `:r t r u . z S x�:`i''Ir�4 xF. y$ y 10. 40 L.F. 39"x 5/8"Wall Jacked Steel Casing 11. L.S. Dewatering 12. L.S. Traffic Control 13. 5287 L.F. AC Pavement Restoration 14. 36 L.F. Concrete Pavement Restoration 15. L.S. Sewer Cleaning and CCTV Inspection 16. L.S. Sheeting and Shoring 17. 40 LF 18-inch PVC Class 235 Sewer 18. 2 EA Relocation of Existing Gas Facility • 19. 261 LF 16-inch PVC Class 235 Sewer Force Main SUBTOTAL OF BID ITEMS IN WORDS AND NUMBERS FIXED ALLOWANCE FOR MOBILIZATION $ GRAND TOTAL IN WORDS AND NUMBERS $ NOTE The City reserves the right to award a contract or reject all bids and re-advertise, as appears to be in its best interests. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties. and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and worth shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- , Class • • Legal Business Name of Bidder Business Address: Legal Business Name of Bidder Business Address Business Tel. No. Signature of bidder Date: Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary' or Assistant Secretary, and the corporate seal. Signatures of partners. joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. „,,,,.., ,:,, , . ID • SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT For THE SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT , in the City of Seal Beach. ��JJ i o?cZ THIS AGREEMENT, made and entered into this .i day of , I00 by and between the City of Seal Beach, California, hereinafter referred 10 as to "CITY,” Party of t rst Part, and MASI CAN 1 G S a Cr.. hereinafter designated as the "CONTRACTOR." Party of the Second • WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT , and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents. therefore. to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings. and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or • structures. tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements. or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY. and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by • the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same. at the time. in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs. executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids. the Proposal. the Specifications. and the Drawings mentioned therein. and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a pan of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terns of this instrument and the bid of proposal of said CONTRACTOR. then this instrument shall control and nothing herein shall be considered as an acceptance of the said tens of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder, as CONTRACTOR. I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code. and I will comply with such provisions before commencing the performance of the work of this contract. n . R:lspecs1CITY OF SEAL BEACH FORCE MAIN REPLACEMENT IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SE BEACH, CALIFORNIA Party of the F Part \ BY C \ ity ger #ii . , Ci jj lerlc ' PIA 1 - . sC f .5� i • NTRACTOR - Party of the ". . s ' art Title , Address 1 i R::spocs1CITY OF SEAL BEACH FORCE MAIN REPLACEMENT AIM • S BOOK_ N11 OF 111 CONTRACT DOCUMENTS DOCUMENTS TO SUBMIT UPON AWARD: PUBLIC WORKS CONTRACT, PERFORMANCE BOND, PAYMENT BOND, INDEMNIFICATION AND HOLD HARMLESS, LABOR LAW REQUIREMENTS, ACKNOWLEDGEMENT OF LICENSE LAW, WORKMEN'S COMPENSATION CERTIFICATE, ADDITIONAL INSURED (COMPREHENSIVE, AUTO, EXCESS FOR: SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT • PROJECT NO. 814 These Contract Documents are the exclusive properly of the Agency and shall not he used in any manner without prior consent of the Agency.Any reuse of these plans and specifications by Others shall he at Other's sole risk and without liability to the Agency. CITY OF SEAL BEACH -211 EIGHTH STREET- SEAL BEACH, CA 90740-6379 R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT :�. Executed in triplicate • • Premium:$13,438.00 Bond No. 6034606 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded MAJICH BROS., INC. 1286 E. Calaveras Street Altadena, CA 91101 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: Seal Beach Blvd. Sewer Force Main Replacement No. 814 WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and First National Insurance Company of America 2677 N. Main Street, Ste. 100 Santa Ana, CA 92705 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of nine hundred ninety-three thousand eight hundred eleven and 00/100 Dollars S 993,811.00 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his,her or its heirs, executors,"administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided,on the Principal's pan to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and hold harmless the Public Agency, its officers, agents,and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. • In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. R:kpxHQTY OF SEAL BEACH FORCE MAW REPLACEMENT • FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time,alteration,addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives)pursuant to authority of its governing body. Dated: May 26th, 2000 "Princi "Surety" MAJ CH BROS. , INC. IRST NATIONAL INS rt CE COMPANY OF AMERICA 1286 E. Calaveras Street lain r:� r • .ena, . • 91101 Santa Ana, CA 1111 k By: � • Its L _ ® Lo des Fora, Attorney-in-Fact By:— — — By Its , . Its • -(Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. RAspees\CITY OF SEAL BFACH FORCE MAIN REPLACEMENT • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r,,.,,,,..,,,,,i.,s,,,,,,,new. t,r NSTN,,,,,,ccs.y<,:,,,,mc fSs40, N,..:c<74N,;qis .,:iwi C:o .omew. . ,%t, to s p<:4 r State of California 1 1 County of Los Angeles J} ss. r F 5 On .//w i£ / 060 , before me, Linda E. Hughes, Notary Public s y, Date Name and The of Officer(e.g..•Jane Doe.Nolan/Pubic" personally appeared < Paul Majich — < ¢ Name(s)of Signer(s) 13 personally known to me r. ❑ proved to me on the basis of satisfactory A evidence 3A to be the person(s) whose name(s) is/are %: A subscribed to the within instrument and 5 eacknowledged to me that he/she/they executed 4 the same in his/hoar-14 4* authorized 5 e ,,,.,„, UNDAE.HUGHES capacity(ies), and that by his/he-644w 's; ! 0'w t Commission# 1184558 , signature(s) on the instrument the person(s), or 5. % � `j ! Notary Publlc-Cclifomia the entity upon behalf of which the person(s) e `-Wail Los Angeles County x, I . acted, executed the instrument. C My 's ?% WITNESS my hand and official seal. s e - / A ieLA :a / c Aker 5 Place Notary Seal Above e, Signature of otary4 c f' 91 1 5 OPTIONAL : e ., Though the information below is not required by law, it may prove valuable to persons relying on the document SI and could prevent fraudulent removal and reattachment of this form to another document s) Description of Attached Document 3 Title or Type of Document: 5 % s S Document Date: Number of Pages: z A Signer(s)Other Than Named Above: s A. 5 E Capacity(ies) Claimed by Signer s PSigner's Name: RIGHT THUMBPRINT s e ❑ Individual OF SIGNER 5 • Top of thumb here Lt ❑ Corporate Officer—Title(s): - 5 y ❑ Partner—0 Limited ❑ General 5 ❑ Attomey in Fact s ❑ Trustee R S ❑ Guardian or Conservator s e ❑ Other: s sC 5 sSigner Is Representing: q F S, �..tme,Gw.ivfw.swAsesGesw.ivs «.424424.3•[;v5;e5igsi�.,enceseY(V(vices;esses .sw.s t ;e4w.Vs"N,«.h'vfce<r.e.<nh;hvZ;s2smsS 0 1997 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Cat Toe-Free 1-800-876-6927 cm/FORMA ALLAR ItINT • ■ State of California \ County of orange - On May 26, 2000 before me, Edith Garibay , Notary public OAT( NAME TITLE W OFt1OEA.E G.'JANE DOE.40U/1V•V0. personally appeared ***Lourdes Landa*** NAMEI N OF 4ONEAq, ' \ n personally known to me - OR • C proved to me on the basis of satisfactory evidence k to be the person(s) whose name(s) is/are \ subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), \ or the entity upon behalf of which the \ person(s) acted, executed the instrument. r "° EDITI'I GARIB:AY I WITNESS 1 (i .ter comm.fl 1231724 = and o • ND seal. \ NOTARY PUBLIC...LIFtii.. 6 2�CC . ORANGE AUO.8,'l 'A 1 f ,11.0.m. GOMM.L-X/".AUO.I3,100_3 ' 1 Y___ ___._ �. ��Eg11ATNlre Or I I OPTIONAL 1 Though the data below is not required by law,it may prove valuable to persons toying on tts document and could Prevent \ fraudulent reattachment of this form. 1 CAPACITY CLAIMED SY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INOMDUAI 0 CORPORATE OFFICER \ *•+sae TITLE OR TYPE OP DOCUME v 7 \ ❑ PARTNER(S) 0 UNITED \ 0 GENERAL. El ATTORNEY-IN FACT. NUMBER OF PAGES \ 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SKIMP \ l \v FtMowst� SIGNER(S)OTHER THAN NAMED ABOVE wi ;rim, SO.11333/04 0195$NATIONAL NOTARY ASSOCIATION•as SMARM Aar.P.O.NEE 71M•Cares Pan CA 91309-7134 Executed in triplicate• Wemium included in Performance Bond. Bond No 6034606 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to MAJICH BROS. . 7NC. 1286 E. Calaveras Street Altadena, CA 91101 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT No. 814 WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics,materialmen,and other persons as providedby law. NOW,THEREFORE,we. the undersigned Principal,and FIRST NATIONAL INSURANCE COMPANY OF AMERICA 2677 N. Main Street, Ste. 100 Santa Ana, CA 92705 (Name and address of Surety) ("Surety")a duly admitted surety inswer under the laws of the State of California, as Surety, are held and firml■ bound unto the Public Agency in the penal sum of four hundred ninety—nix thnuaand nine * Dollars ($ 496,905.50 ) this amount being not less than fifty percent (50%) of the total contract price. in lawful money of the United States of America, for the payment of which sum well and truly' to be made, oc bind ourselves,our heirs,executors,administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or Its heirs. executors, administrators, successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to uork or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid o'er to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract. the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond. Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time. alteration. addition or modification to the terms of the Contract, or of the work to be performed thereunder,or the specifications for *hundred five and 50/100 R:\pecs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of ralifornia Civil Code§§2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: May 26th, 2000 "Principal" "Sty" MAJICH BROS. , INC FIRST NATIONAL INS I' r' COMPANY OF AMERICA 1286 E. Calaveras Street 2677 N. Main Str- t 00 Altadena, CA 91101 Santa Ana CA • 70/ // BY� - _ By: r_ Tts 5+L-- lts f're- Landa, Attorney-in-Fact By: By: Its l '' • . (Seal) (Seal) . Note: Tliis:bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • R:specsCITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT w.v3..<,.�gc.,,os<gt.c w f,Sse, sgoiil ilos a<.:ae.�q. .i,t3f nv, ,3Gvr3<.c7t <ggs.m.,S:$f...E.4<„cv .,,,t s?tAe Of n4:4, �<.„<.., aisqrR < n' C ,F State of California l s 1l SS. t County of Los Angeles A fit T 'C On�U/l� Z 01W , before me, Linda E. Hughes, Notary Public e COahe Name and Title of Officer(e.g..'Jane Doe,Notary Pubic') s Paul Majich 5, w personally appeared (, Name(s)of signers) (< A personally known to me g 1:1 proved to me on the basis of satisfactory ;i evidence s. ,e • • to be the person(s) whose name(s) is/ere ¢j 4 subscribed to the within instrument and ;% ..,, UNDAEHUGHES e ;�t?�` Commission# 1184558 acknowledged to me that he/slae/they executed 5 %, < v= the same in his/11441144i+ authorized s1 x i _�;�A�� Notary PUbOc-Califamia t- sM7 Los Angeles County – capacity(ies), and that by his/hor/Naeir c 'z a ” My Comm.Elpires Jun 19,9M9 signature(s) on the instrument the person(s), or £ the entity upon behalf of which the person(s) { acted, executed the instrument. s ?a 9, k WITNESS my hand and fficciial seal. 's, P. y' /, I�CQ– /y ((Ad N��– q fPlace Notary Seal Above Sgnature of N Lary bl S A i. e l OPTIONAL s e Though the information below is not required by law, it may prove valuable to persons relying on the document 6 Q. and could prevent fraudulent removal and reattachment of this form to another document. 5 S z Description of Attached Document 'r y Title or Type of Document: s rDocument Date: Number of Pages: s s Signer(s) Other Than Named Above: e g Capacity(ies) Claimed by Signer ,. 9 Signer's Name: RIGHT THUMBPRINT R OF SIGNER , CI Individual Top of mb here s >4 ❑ Corporate Officer—Title(s): 5. ;p ❑ Partner—❑ Limited ❑ General '5 P.• ❑ Attomey in Fact - c ❑ Trustee s ❑ Guardian or Conservator 5 i ❑ Other: s Signer Is Representing: a <W<e<:gecr<:i4<g4 W:4:S9YS:4Z<(MV:4 ACr ne:SnW.r.U_<-en:SGS<�4C4;a<SF<V«d<:✓ .CW<WCW�<:S/AL7WCAW:eiCe SeAtY,<&<::ig 0 1997 National Notary Ac•..4-lion•9350 De Solo Ave..P.O.Box 2402•Chatsworth.CA 91313-2402 Prod.No.5907 Reorder Cal Toll-Free 1000-876-6827 CAFONNUE U • U ■ 1 State of California County of , Orange - On May 26, 2000 before me, Edith Garibay , Notary Public DATE NAME.TITLE OF OFFICER•E C JANE DOE.NOT•PV FUeLIC- . personally appeared ***Lourdes Landa*** NAMEISI OF SIGNE/NS/ I E personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 1 subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the 1 person(s) acted, executed the instrument. EDITH GAP.IBAY 1 V m �_ NOTARI'nf'MBLEIC L'.ALIFURNIA0 WITNES my hand and official se-I. Cst1-r.4' : ORANGE COUNTY 0 _\ — Ies"-C, COMM.EXP.AUG.8,2003 a _ \ L� 310MTUMOPNOrARY ( OPTIONAL 1 . \ Though the data ow is not required by law,it may prove valuable to parsons relying on Ifs document and could prevent \ St fraudulent reattachment of this form. CAPACITY CLAIMED IT SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER 1 t9 TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ UMRED ❑ GENERAL 0 ATTORNEY-IN-FACT. ❑ TRUSTE S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ` ❑ OTHER: k DATE OF DOCUMENT k SIGNER is REPRESWfl$Ot 1 NA&*OF nit'it SI OR FNf11YlES \ • SIGNERS)OTHER THAN NAMED ABOVE Bo 1133 3/04 01963 NATIONAL NOTARY ASSOCIATION•COP Anna An.P.O.ear 711E•Cr+o9E Pan CA 91309-71 84 • I. FIRST�IATIONA L UIrL.L Y POOR 41.333 BROOKLYN AVE NEE NCE COMPANY OF AMERICA OF ATTORNEY SEATTLE,WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seattle,WA 98105 No. 9934 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint LOURDES LANDA;Irvine,California • its true and lawful attomey(s)-in-fad, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 28th day of July , 1999 . RA.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument cordoning such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 26th day of May , 2000 . „A/MCC co `y ' OAPoti SEAL aw y 1328 •41. r, •.;* °jwns+y • • - - RA.PIERSON,SECRETARY • S-1049/FNEF 7/98 7/28/99 PDF • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT Indemnitor(s)(list all names): (gyp `IC�iI 15't-PS . C.t • To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents. employees. volunteers, successors, and assigns(collectively "Indemnitees") from and against any and all damages, costs, expenses. liabilities,claims,demands,causes of action,proceedings,expenses,judgments, penalties, liens,and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively"Liabilities"),arising or claimed to arise, directly or indirectly,out of, in connection with,resulting from, or related to any act, failure to act, error, or omission of Indenmitor or any of its officers, agents, servants, employees. subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise. directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, • license,or permit(the"Agreement")or the performance or failure to perform any term,provision,covenant,or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior,concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indenmitor" Name MA IC-t Ia Ass• ys.+L- Name: 't --pleas By: • Its Its Rispecs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§¢1720,1773.8,1 775,1776,1777.5, 1813, 1860,1861,37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works and the awarding public agency ("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall,as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof,for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars(S25) for each worker employed in the execution of the contract by the Contractor or by any subcon-tractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to static the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract" Date unc- S ?coo Si. r z •tztQas R:tspacaCRY OF SEAL BEACH FORCE MAIN REPLACEMENT STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS'LICENSING LAWS [Business&Professions Code§ 7028.15] [Public Contract Code§ 20103.5] I,the undersigned,certify that I am aware of the following provisions of California law and that I,or the entity on whose behalf this certification is given,hold a currently valid California contractor's license as set forth below: Business&Professions Code§7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now§20103.5]of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fie of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars(54,500),whichever is greater,or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture,each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies,a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal,and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e)of this section,as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee,officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section,a telephone response by the board shall be deemed sufficient Public Contract Code§20103.5: R:lspecskCRY OF SEAL BEACH FORCE MAIN REPLACEMENT In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded,the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including,but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. • License no 5213'10 1 Class: ,Q Expiration date: A' , "n'. i o0 2 Date Tuns fir toot Signa iG: � 2°aS- R%specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT ptaitt Ctt-Tiiaef DB/oa cS/4. • - >m ..t,r;;tevahatl 5 I BOOKIOFIII CONTRACT DOCUMENTS NOTICE INVITING BIDS, INSTRUCTIONS TO BIDDERS, DOCUMENTS TO SUBMIT 11TH BID: BID PROPOSAL, INFORMATION REQUIRED OF BIDDER, REFERENCES, DESIGNATION OF SURETIES, ACKNOWLEDGEMENT OF ADDENDA, SAFTEY RECORD,NON COLLUSION AFFADAVIT, SUBCONTRACTORS,BID BOND FOR: SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT • PROJECT 814 , . Approved Book 1,R,III, SC/A° Date Director Public Works These Contract Documenu are the=halve property of the Agency and shall not be used in any manner without prior consent of the Agency.Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. CRY OF SEAL BEACH-211 EIGHTH STREET-SEAL BEACH,CA 90740-6379 R1cp.c.'Cnv OF SEA,REACH FORCE MAIN REPLACEMENT 1 f7 • • CITY OF SEAL BEACH NOTICE INVITING SEALED BIDS • PROJECT NAME: SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT 814 BIDS MUST BE RECEIVED BY: TUESDAY, MAY 2, 2000 AT 10:00 A.M. BIDS MUST BE OPENED BY: TUESDAY, MAY 2, 2000 AT 10:00 A.M. PLACE OF BID RECEIPT: CITY OF SEAL BEACH OFFICE OF THE CITY CLERK FIRST FLOOR 211 EIGHTH STREET SEAL BEACH, CA 90740 NOTICE IS HEREBY GIVEN that the City of Seal Beach, County of Orange, California, will receive up to, but not later than the time set forth above, sealed contract bids for the award of a contract for labor, materials and equipment for the above-named project. All bid proposals shall be made on the proposal forms furnished by the City and placed. together with the accompanying documents and security, in a sealed package addressed to the City Clerk at the above address. The Contractor shall submit bids in a sealed envelope marked outside. "SEALED BID FOR THE CITY OF SEAL BEACH.PROJECT NAME-DO NOT OPEN WITH REGULAR MAIL" All bid proposals must comply with the requirements contained in this Notice and in the specifications and other contract documents. AU bids in apparent compliance with such requirements shall be opened and publicly read aloud at the above-stated time at the place of bid receipt identified above. DESCRIPTION OF WORK: The Contractor shall furnish all necessary materials, labor. equipment and other incidental and appurtenant work necessary for the proper construction of this project, including but not limited to replacement of sewer manholes, lining of existing manholes, temporary pumping, force main modifications. sewer cleaning,traffic control,and pavement replacement,in accordance with these contract documents. OBTAINING CONTRACT DOCUMENTS: Contract documents for the above-referenced project may be obtained at the Office of the Director of Public Works,211 Eighth Street,Seal Beach CA,for a non-refundable fee of$50. or$65 if mailed. No bid proposal veal be received finless it is made on the official proposal forms furnished by the City. is accompanied by an executed Non-Collusion Affidavit and is accompanied by cash,a certified or cashier's check payable to the City or a satisfactory bidder's bond in favor of the City executed by the bidder as principal and a satsfaaory surety company as surety, in an amount not less than 10%of the bid amount, as provided in Public Contract Code suction § 20170 a seq. Should the bidder to whom the contract is awarded fail to enter into the subject contract,such bid security shall be forfeited pursuant to Public Contract Code section 20172,except as otherwisc provided in Public Contract Code section¢20174. COMPLETION OF WORK: All work shall be completed within 70 working days following the date specified in the written notice to proceed(ruin the City. Pursuant to Section 4 1770 et. seq. of the Labor Code of the Slate of California, the Director of the Department of Industrial Relations has determined the general prevailing rate of wages applicable to the work to be done. This rate and scale ate on file with the Director of Public Works and copies will be made available to any interested party on request. The contractor to whom the contract is awarded and the subcontractors under him must pay not less than these rates to all workers employed in the execution of this contract. RAopeota7Y OF SEAL DEACti FORCE MAN REPLACEMENT a- • At the time of the award of the contract,the successful bidder shall possess a valid contractor's license.and shall comply with any applicable City requirements concerning contractor qualifications. Submission of a bid by a bidder without a license subjects the bidder to civil penalties pursuant to Business & Professions Code section § 7028.15. The bidder must possess a Contractor License A. No contact wit be awarded to any bidder who is not a properly licensed California contractor as required by the California Business and Professions Code. WITHHELD CONTRACT FUNDS: As provided for in section 22300 of the Public Contracts Code, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract INSURANCE AND BONDING REQUIREMENTS:The Contractor shall not begin work under the Agreement until it has given the City evident of comprehensive public liability insurance and Workers'Compensation Insurance coverage together with additional Insured Endorsements. The successful Contractor shall also furnish 2 bonds required by the State Contact Act Each of the said bonds shall be executed in a sum equal to the contract price. One of the said bonds shill guarantee the Faithful performance of the mid contract by the Contractor,and the other said bond shall secure the 1 ,...nent of claims for labor and material. CITY OF SEAL BEACH RIGHT OF RESECTION OR WAIVER The City reserves the right to reject any or all bids or any parts thereof,and to waive any irregularities or informalities in any bid or in the bidding,and to make awards in all or pert in the best interests of the City. WITHDRAWAL OF BID: No bidder may withdraw his bid for a period of 60 days after the date set for the opening of bids. CITY , ie /� By' i_ DataI Zo`/VD Stephen Badtmt P.E. Director of Public Works RLApPaiaTT OF SEA.BEACH FORCE MAIN REPLACEMENT • • INSTRUCTIONS TO BIDDERS FORM OF BID PROPOSAL: Bid proposals shall be made on the bid proposal forms found herein. The BIDDER'S SECURITY: In accordance with Public bid proposal shall be enclosed in a sealed envelope Contract Code Section § 20170 et seq.. each bid proposal bearing the name of the bidder and the name of the shall be accompanied by cash. a certified or cashier's project as described in the Notice Inviting Sealed check payable to the City or a satisfactory bidder's bond Bids. in favor of the City executed by the bidder as principal and a satisfactory admitted surety insurer as surety. in an DELIVERY OF BID PROPOSALS: The bid amount not less than 10%of the amount named in the bid. proposal shall be delivered by the time and to the The cash, check or bidder's bond shall be given as a place stipulated in the Notice Inviting Scaled Bids. It guarantee that the bidder shall execute the contract for the is the bidder's sole responsibility Notic Inviting to see that his bid project if it is awarded to bidder in conformity with the proposal is received in proper time. Any bid Plans. the Specifications, and other Contract Documents. and shall provide the evidence of insurance and furnish received after the scheduled closing time for receipt of bid proposals may be returned to the bidder the required bonds as specified in the Plans, the unopened unless an extension has been granted by Specifications and other Contract Documents. within 15 he Cite. Bidders or their authorized agents arc calendar days after written notice of the award. In case of invited to be present. the successful bidder's refusal or failure to do so. the cash. check or bond. as the case may be. skill be forfeited to the MODIFICATIONS AND ALTERNATIVE City pursuvtt to Public Contract Code Section § 20172. PROPOSALS: Unauthorized conditions. limitations except as provided in Public Contract Code Section 20174. Under Section § 211174- if the lowest responsible or provisos attached to a bid proposal will render it bidder fails or refuses to execute a contract, the City may informal and may be cause for rejection- The award it to the next lowest responsible bidder: if it does complete proposal forms shall be without inter- so. the amount of the lowest bidder's security shall be lineations_ alterations or erasures, unless each such applied by the City to the difference between the lowest correction is suitably authenticated by affixing in the and next lowest bid. and the surplus, if any. shall be margin immediately opposite the correction the returned to the lowest bidder. No bidder's bond will be surname or surnames of the person or persons signing accepted unless it conforms substantially to the form set the bid. No oral. telegraphic or telephonic proposals forth as required. or modifications will be considered. WITHDRAWAL OF BID PROPOSAL: A bid QUANTITIES APPROXIMATE: Quantities shown on the Bid Sheet. in an estimate included in the Special proposal may be withdrawn upon request by the Provisions, or elsewhere herein shall be considered as bidder without prejudice to himself prior to the date approximate only. being listed for the purpose of serving and time fixed for opening of bids_ provided that the as a general indication of the amount of work or materials request is in writing. has been executed by the bidder to be performed or furnished_ and as a basis for the or his duly authorized representative. and is filed with comparison of bids. The City does not pc-trainee nor the Director Public Works. No bid proposal may be agree. either expressly or by implication. that the actual withdrawn for a period of 60 calendar daps after the amounts required will correspond with those shown. but date set for the opening of bid proposals- reserves the right to increase or decrease the amount of any item or portion of work or material to be performed STANDARD SPECIFICATIONS: All applicable or furnished or to omit any such item or portion. in sections of the Standard Specifications for Public accordance with the Plans, the Specifications and other Works Constmction. 1997 edition. published by Contract Documents. without in any way invalidating the Building News. Inc.. 3055 Overland Ave.. Los Contract. should such increase. decrease or omission be Angeles. CA 90034. including any applicable deemed necessary or expedient. supplements or amendments thereto (herein also referred to as the "Standard Specifications"). as ADDENDA: The Director of Public Works may, from amended by the contract documents. shall apply to time to time. issue addenda to the Plans. the the Contract Specifications and/or other Contract Documents during the period of advertising for bids. for purposes of: (a) revising prevailing wage scales. (b) clarifying. correcting R:tspecs\CtTY OF SEAL BEACH FORCE MAIN REPLACEMENT • • or otherwise amending quantities of work under the assumes full responsibility for having familiarized himself Plans. the Specifications or other Contract with. the nature and extent of the Plans. the Specifications Documents. or(c)for other appropriate purposes, and other Contract Documents. the actual conditions and requirements of the work and the locality including all Parties having obtained from the City the bid local conditions. federal_ state and local laws, ordinances. documents for the project shall be notified of and rules and regulations that may in any manner affect furnished with copies of such addenda, either by performance of the work. and represents that he has certified mail, fax transmittal. or personal delivery. correlated his efforts and observations with the during the period of advertising at no additional cost. requirements of the Contract Documents. DISCREPANCIES IN PROPOSALS: The bidder The Contractor shall carefully study and compare the shall set forth for each item of work, in clearly legible Plans and Specifications and other Contract Documents: figures. a unit or line item bid for the item in the check and verify pertinent figures shown thereon: and respective space provided for this purpose. verify all applicable field measurements_ prior to commencing work. The Contractor shall at once report in In case of a discrepancy between the unit price and writing to the Director Public Works any conflict. error or the total set forth for the item. the unit price shall discrepancy which he may discover. The Contractor shall prevail. provided. however_ that if the amount set be responsible for exercising reasonable care and skill in forth as a unit price is ambiguous. unintelligible or reviewing the Contract Documents to determine whether uncertain for any cause. or is omitted. or if the unit there is any conflict. error or discrepancy therein. and price is the same amount as the entry in the "Total" shall be responsible for notifying the Director Public column. then the amount set forth in the "Total" Works of the same. The submission of a proposal shall be column for the item shall prevail in accordance with considered conclusive evidence that the Contractor has the following: made the described examination. Contractor shall not at any time after submission of the bid proposal complain. (1) As to lump sum items. the amount set forth assert or make a claim based upon ignorance or in the "Total" column shall be the unit price. misunderstanding with regard to the conditions to be encountered. the character. quality. or quantities of work (2) As to unit price items. the amount set forth to be performed or materials to be furnished, and/or the in the "Total" column shall be divided by the requirements of the proposal. Plans. Specifications or estimated quantity for the item and the price thus other Contract Documents. No claim for additional obtained shall be the unit price. compensation shall be made by the Contractor for extra work created by conflicts. errors or discrepancies in the In case of discrepancy between words and figures. Contract Documents that the Contractor should have the words shall prevail. discovered prior to submitting his bid. COMPETENCY OF BIDDERS: In selecting the No information derived from inspection of records or lowest responsible bidder.consideration will be given investigations or compilations of the same made by the not only to the financial standing. but also to the City will in any way relieve the Contractor from his general competency of the bidder for the performance obligations under the Contract nor entitle the Contractor of the work covered by the proposal. To this end to any additional compensation. each proposal shall be supported by a statement of the bidder's experience on the form entitled DISQUALIFICATION OF BIDDERS: No person. "Information Required of Bidder" found herein. No firm, or corporation shall be allowed to make. file or be agreement for the work will be executed with a interested in more than one bid for the same work. unless contractor who is not licensed in accordance with the alternate bids are specifically called for. A person. firm laws of the State of California under applicable or corporation that has submitted a subproposal to a provisions of the Business and Professions Code. and bidder, or that has quoted prices of materials to a bidder. with any applicable specific licensing requirements is not hereby disqualified from submitting a sub-proposal required by this project as specified in the Contract or quoting prices to other bidders or making a prime Documents. The licensing requirements for proposal. If there is a reason to believe that collusion contractors shall also apply to subcontractors. exists among the bidders,all bids will be rejected. BIDDER'S EXAMINATION OF SITE AND RETURN OF BID SECURITY: The successful CONTRACT DOCUMENTS: The Contractor bidder's security shall be held until the Contract is represents that lie has familiarized himself with. and executed. Bidders' security shall be returned to R\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • unsuccessful bidders within twenty calendar days liability insurance and Workers' Compensation Insurance after the successful bidder has signed the Contract. coverage together with additional Insured Endorsements. The successful Contractor shall also furnish two (2) bonds AWARD OF CONTRACT: The City resents the required by the State Contract Act. Each of the said bonds right to reject any or all bid proposals or any parts shall be executed in a sum equal to the contract price. One thereof or to waive any irregularities or informalities _ of the said bonds shall guarantee the faithful performance in any bid proposal or in the bidding. The award of of the said contract by the Contractor, and the other said the Contract . if made. will be to the lowest bond shall secure the payment of claims for labor and responsible bidder. Such award will be within ninety material. calendar days after the opening of the bid proposals, except that the award may be made after said period TELEPHONES: Bidders arc hereby notified that City if the successful bidder has not given the City written will not provide telephones for their use at the time of notice of the withdrawal of his bid. receipt of bids. ALTERNATES: If alternate bids are called for. the MATERIAL SUPPLIER: If the firm who is signatory Contract may be awarded at the election of the City on the Contract is supplying materials only. a payment to the lowest responsible bidder on the base bid.or on bond need not be furnished. the base bid in am alternate or combination of alternatives. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting LISTING SUBCONTRACTORS: Each bidder a bid for the proposed Contract is in doubt as to the true shall subunit a list of the proposed subcontractors on meaning of any part of the drawings. Plans. Specifications this project. as required by the Subletting and or other Contract Documents. or finds discrepancies in or Subcontracting Fair Practices Act (Public Contract omissions from such documents. Ire may submit to the Code Section § 4100 et. seq.) A form for this Director Public Works a written request for an purpose is found herein. interpretation or correction. The person submitting the request will be responsible for its prompt delivery. The EXECUTION OF AGREEMENT: The bidder to Contractor shall deliver all requests a minimum of one whom award of the work is made shall execute a week before the bid opening. No requests will be accepted written contract with the City in the form included in or considered after that time. Any interpretation or these contract documents and shall secure all correction of the Contract Documents will be made only insurance and bonds as herein provided within fifteen by an Addendum duly issued. and a copy of such calendar days from the date of mailing of written Addendum will be mailed or delivered to each person notice of the award. Failure or refusal to enter into receiving a set of the bid documents. No oral the agreement or to conform to any of the stipulated interpretation of any provision in the Contract Documents requirements shall be just cause for the annulment of shall be binding. the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails OTHER REQUEST FOR INFORMATION: Phone or refuses to execute the Agreement within said time. calls will not be accepted by the City concerning the the City may declare the bidder's security forfeited. project three business days prior to the bid opening. and it may award the work to the next lowest responsible bidder, or may call for new bids. Where SALES AND/OR USE TAXES: Except as may be the City awards the work to the next lowest otherwise specifically provided herein. all sales and/or use responsible bidder. pursuant to Public Contract Code taxes assessed by federal. state or local authorities on Section § 20174. the amount of the lowest bidder's materials used or furnished by the Contractor in security shall be applied to the difference between the performing the work hereunder shall be paid by the lowest and next lowest bid and the surplus. if any. Contractor. shall be returned to the lowest bidder. If the second lowest responsible bidder fails or refuses to execute CONTRACT DOCUMENTS: The Contract Documents the contract. the City may award the work to the third consist of the Notice Inviting Sealed Bids. the Instructions lowest responsible bidder pursuant to Section § to Bidders, the successful contractor's bid proposal and 20174. bid sheet. Contractor's Industrial Safety Record. Non- Collusion Affidavit List of Subcontractors. Bidder's INSURANCE AND BONDS: The Contractor shall Bond to Accompany Proposal. Information Required of not begin work under the Agreement until it has Bidder. Bid Security Forms, any and all addenda to the given the City evidence of comprehensive public contract documents distributed prior to the bid opening R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • date. Insurance Requirements for the City. As set forth in Labor Code Section § 1735. no Performance Bond. Payment (labor and material) discrimination shall be made in the employment of Bond. Worker's Compensation Certification and persons upon public works because of the race. religious Certificate of Insurance. Public Works Contract. creed, color, national origin, ancestry. physical disability'. Warranty Bond (as applicable), Plans. details, mental disability. medical condition. marital status. or sex standard drawings. applicable permits. notices and of such persons. except as provided in Government Code affidavits. the Specifications (including the Standard Section § 12940_ Even contractor for public works Specifications and the General and Special violating this provision is subject to all of the penalties Provisions) and any and all applicable addenda or imposed for a violation of Labor Code Div. 2. Pan 7. supplemental agreements. Chapter 1. PLANS AND STANDARD DRAWINGS: The DISADVANTAGED BUSINESS ENTERPRISES: location of the work. the genera] nature and extent of Where a project is funded in whole or in pan with federal the work and the forms and details of the various Department of Transportation funds. City and Contractor features of the work are shown on the Plans. When shall comply with all applicable provisions of Title 49. referenced in the Contract Documents. Plans shall Pan 23. Code of Federal Regulations ("Participation by include the construction plans and standard drawings. Minority Business Enterprise in Department of Transportation Programs") and Chapter 2.5 (commencing FAIR EMPLOYMENT PRACTICES: The with Section 2050) of Part I of Division 2 of California Contractor shall complete and enclose with his bid Public Contract Code ("Certification of Minority and the compliance report attached to the proposal. Women Business Enterprises"). stating that the Contractor will pursue an affirmative course of action as required by the affirmative action guidelines. • R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • • DOCUMENTS TO BE EXECUTED AND SUBMITTED BY EACH BIDDER: Proposal Bid Sheet Contractors'Industrial Safety Record Non-Collusion Affidavit List of Subcontractors Bidder's Bond to Accompany Proposal Information Required of Bidder References All Addenda to Plans& Specifications as issued by Agency prior to bid opening date (if any) Statement Acknowledging Penal and Civil Penalties Concerning Contractors License Laws DOCUMENTS TO BE EXECUTED AND SUBMITTED BY AWARDEE: Performance Bond(s) Payment (Labor and Material) Bond Insurance Requirements for CITY OF SEAL BEACH Workers' Compensation Certification All Certificates of Insurance Public Works Contract Warranty Bond (as appropriate) Rispecs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • PROPOSAL Bidders Name TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned. as bidder. declares that: (1)-this proposal is made without collusion with any other person. firm or corporation. and that the only persons or parties interested as principals are those named herein as sworn in the attached Non-Collusion Affidavit: (2)-bidder has carefully examined the project Plans. Specifications, Instructions To Bidders. Proposal. Notice Inviting Sealed Bids and all other contract documents and information furnished therefor and the site of the proposed work; and(3)-bidder has investigated and is satisfied as to the conditions to be encountered. the character. quality and quantities of work to be performed and materials to be furnished. Furthermore,bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees. in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH. to perform said proposed work in accordance with the Plans. if any. and the terms of the Specifications, in the time and manner therein prescribed. and to furnish or provide all materials. labor, tools. equipment, apparatus and other means necessary so to do. except such thereof as may otherwise be furnished or provided under the terms of said Specifications. for the following slated will prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all constnhction work undertaken in the State of California by the bidder and any partnership. joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership_ joint venture. or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Accompanying this proposal is (Insert "cash". "a Cashier's Check". "a certified check", or "a Bidder's Bond in the form furnished by the City".as the case may be) in the amount of$ . an amount equal to at least ten percent (10%) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after wrinen notice of the award. the cash. check or bond shall be forfeited to the city in accordance with Public Contract Code Section -20172. except as otherwise provided in Public Contract Code Section -20174. The undersigned agrees that in the event of such failure. the actual amount of damages to the City would be impractical and extremely difficult to determine. R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • In compliance with the Notice Inviting Sealed Bids. the undersigned hereby agrees to enter into a contract to funush all labor. materials and supplies for: THE SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT in accordance with the Specifications. Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH. to the satisfaction and wider the direction of the Director of Public Works.at the following prices: BID SHEET SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT BIDDERS NAME PROJECT IDENTIFICATION NO BID DATE (Jail RYice in Unit Extended No Glnamity Iferrt f3esrxiption, W. ..I Prics> Amflant.. 1. 5171 L.F. 24-inch VCP Sewer 2. 121 LF 21-inch VCP Sewer Siphon including 8-inch PVC Air Vent 3. 1815 LF Concrete Encasement —24- inch and 21-inch Sewer 4. 9 EA 5'-0" Diameter PVC Lined Manholes 5. 12 EA 4'-0" Diameter PVC Lined Manholes 12-inch PVC Class 200 Boeing 6. 96 L.F. Pump Station Stub-Out 7. 30 L.F. 8-inch VCP Adolfo Lopez Pump Station Connection 4-inch PVC Class 200 Hellman 8. 94 L.F. Ranch Pump Station Stub-Out 16-inch PVC Temporary Bypass Pipeline, including 9. 350 L.F. connections in existing 16-inch force main, K-Rail protection and removal 10. 40 L.F. 39" x 5/8"Wall Jacked Steel Casing 11. L.S. Dewatering R:\specs1CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • ;; t3e>I Prigs fn' URit.; Extended Tao.!4uantity Item pesLriPtion Wards Prig' Ar+i oaett 12. L.S. Traffic Control 13. 5287 L.F. AC Pavement Restoration 14. 36 L.F. Concrete Pavement Restoration 15. L.S. Sewer Cleaning and CCTV Inspection 16. L.S. Sheeting and Shoring SUBTOTAL OF BID ITEMS IN WORDS AND NUMBERS FIXED ALLOWANCE FOR MOBILIZATION $ GRAND TOTAL IN WORDS AND NUMBERS $ NOTE: The City reserves the right to award a contract or reject all bids and re-advertise. as appears to be in its best interests. A bid is required for this entire work. the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids. and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses. taxes. royalties. and fees. In the case of discrepancies in the amounts bid. unit prices shall govern over extended amounts. and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. ' The undersigned bidder agrees that. if awarded the Contract. bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code. California Contractor's License No.- . Class Legal Business Name of Bidder Business Address: Legal Business Name of Bidder Business Address Business Tel. No. Signature of bidder Date: Title Signature of bidder Date Title R\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual. name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided. followed by signatures of all of the partners/joint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation. legal name of corporation must be provided. followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners. joint venturers. or corporation officers must be acknowledged before a Notary Public. who must certify that such partners. joint venturers. or officers are known to him or her to be such. and. in the case of a corporation. that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. R'.\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor. Company or Corporation: Business Address: Telephone and Fax Number: California State Contractor's License No. and Class: Original Date Issued: Expiration Date: List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names_ titles. addresses. and phone numbers of all individuals. firm members. partners. joint ventures. and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of The dates of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows: R.\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • All current and prior D.B.A.'S. aliases_and fictitious business names for any principal having interest in this proposal are as follows. For all arbitrations. lawsuits. settlements or the like (in or out of court) von have been involved in with project owners (public agencies. private companies. etc...)in the past five years(Attach additional Sheets if necessary) provide: Provide the names. addresses and telephone numbers of the parties: Briefly summarize the parties' claims and defenses: State the tribunal (i.e.. Superior Court. American Arbitration Association. etc.)the matter number and outcome. Have you ever had a contract terminated by the owner/agency'? If so. explain_ Have you ever failed to complete a project? If so.explain. Have you ever been terminated for cause and then had it converted to a"termination of convenience"? If so. explain. R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • For any projects you have been involved with in the last 5 Years did you have any claims or actions: Circle One By you against the owner? Yes/No 2. By the owner against you? Yes/ No 3. By any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage. falsifying certified payrolls. etc..) Yes/No 4. By Subcontractors(Stop Notices. etc.) Yes/No �. Are any claims or actions tmresolved or outstanding? Yes/No If yes to any of the above. explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner shall be considered non- responsiveness and may result in rejection of the bid. forfeiture of the bid security and other penalties. Subscribed and sworn to before me By (print name of Owner or President of Corporation/Company) This day of . 19 (Signature of Notary Republic) (Signature) (Title) (SEAL) (Date) (Signature of Secretary of Corporation) R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • REFERENCES Bidders Name FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER SHALL BE CONSIDERED NON-RESPONSIVE AND MAY RESULT IN THE REJECTION OF THE BID AND FORFEITURE OF THE BID SECURITY. FAILURE TO DEMONSTRATE ADEQUATE EXPERIENCE MAY RESULT IN REJECTION OF THE BID. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15.000. provide the following information: Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original. please explain (change orders, extra work. etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 2 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original. please explain (change orders. extra work.etc.) R:lspecs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • Did you file ally claims against the Agency? Did the Agency file any claims against you/Contractor? If yes. briefly explain and indicate outcome of claims. 3 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person _ Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original. please explain (change orders, extra work. etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes. briefly explain and indicate outcome of claims. 4 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone ( ) Original Contract Amount$ Final Contract Amount $ If final amount is different from original. please explain (change orders, extra work. etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes. briefly explain and indicate outcome of claims. R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • 5 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original. please explain (change orders. extra work. etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes. briefly explain and indicate outcome of claims. 6 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain(change orders. extra work. etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request. the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. R]specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • DESIGNATION OF SURETIES Bidders Name Provide the names, addresses. and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds(list by instnrance/bond type): R'.\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • ACKNOWLEDGMENT OF ADDENDA Bidders name The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature R\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Record Last Five (5)Full Years Current Year of Record Current Year of 1 1 1 1 1 Record 9 9 9 9 9 Total Year No. of Contracts Total dollar Amount of Contracts (in Thousands of 5) No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the saute as required for columns 3 to 6. Code 10. Occupational Injuries. Summary—Occupational Injuries and Illnesses. OSHA No. 102, Legal Business Name of Bidder Business Address: Business Tel, No.: State Contractor's License No.and Classification: Title R9specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual. name and signature of individual must be provided. and. if he is doing business under a fictitious name. the fictitious name must be set forth. If bidder is a partnership or joint venture. legal name of partnership/joint venture must be provided. followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation. legal none of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary'_ and the corporate seal. Signatures of partners.join venturers_ or corporation officers must be acknowledged before a Notary Public. who must certify that such partners/joint venturers.or officers are known to him or her to be such. and. in the case of a corporation. that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California )SS. County of ) . being first duly sworn. deposes and says that the or she is of , the party making the foregoing bid. in accordance with Public Contracts Code Section 7106. declares that the bid is not made in the interest of. or on behalf of. any undisclosed person. partnership. company. association. organization. or corporation: that the bid is genuine and not collusive or sham: that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded.conspired. connived. or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding: that the bidder has not in any manner. directly or indirectly. sought by agreement_ communication. or conference with anyone to fis the bid price of the bidder or any other bidder, or to fix any overhead. profit. or cost element of the bid price. or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract: that all statements contained in the bid are true: and further. that the bidder has not. directly or indirectly.submitted his or her bid price or any breakdown thereof. or the contents thereof. or divulged information or data relative thereto, or paid. and will not pay. any fee to any corporation. partnership. company. association, organization. bid depositor'. or to any member or agent thereof to effectuate a collusive or sham bid. Project Name: Legal Business Name of Bidder Business Address Business Tel. No. Signature of bidder Title Date: Signature of bidder Title Date: Subscribed and Sworn to before me on (Notary Seal) Signature Nolan' Public R'.\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • LIST OF SUBCONTRACTORS TO ACCOMPANY PROPOSAL In compliance with the provisions of Public Contract Code Section-4104. the undersigned bidder submitting this bid proposal sets forth the name. place of business and the portion of the work to be performed by: (I)-each subcontractor who will perform work or labor or render service to the bidder(as general contractor) in or about the construction of the work or improvement: and (2)-each subcontractor licensed by the State of California who. under subcontract to the bidder. specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications. in an amount in excess of one-half of one percent of the bidder's total bid or. in the case of bids or offers for the constntction of streets. highways or bridges. in excess of one-half of one percent of the bidder's total bid or ten thousand dollars($10.000). whichever is greater. Percent Subcontractor's Name Location of Place of Description of Of Total Percent of And License Number Business Work Bid Work R'\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • • Bond No. BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has issued an invitation for bids for the work described as follows: SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT WHEREAS (Name and address of Bidder) ("Principal°). desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW. THEREFORE we. the undersigned Principal. and (Name and address of Surety) ("Surety-) a duly admitted surety insurer under the laws of the State of California. as Surety. are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ )_ being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America. for the payment of winch sum well and truly to be made_we bind ourselves. our heirs, executors. administrators, successors. and assigns.jointly and severally. firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and, within the time and in the manlier required by the bidding specifications_ enters into the written form of contract included with bidding specifications, furnishes the required bonds. one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void: otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond. Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code $ 2845. R.\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • • IN WITNESS WHEREOF. this instrument has been duly executed by Principal and Surety. on the date set forth below. the name of each corporate pare being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal- Surety' B_y: B_v: hs Its By: By: Its Its (Seal) (Seal) Note: This bond must be dated. all signatures must be notarized. and evidence of the authority of any person signing as attorney-in-fact must be attached. R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT BOOK 1.11 OF CONTRACT DOCUMENTS GENERAL AND SPECIAL PROVISIONS, APPENDIX FOft SEAL BEACH BOULEVARD SEWER FORCE MAIN REPLACEMENT PROJECT PROJECT NO. 814 These(bntract Documents are the exclusive property of the Agency and shall not he used in any manner without prior consent girlie Agency .lay reuse of these plans and specifications by Others shall he at Other's sole risk and without liability to the Agency. CITY OF SEAL BEACH - 211 EIGHTH STREET- SEAL BEACH-CA 90740-6379. • R\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT • S GENERAL AND SPECIAL PROVISIONS 100 GENERAL PROVISIONS: STANDARD Section 201.1.3 below and evidence of insurance as SPECIFICATIONS The General Provisions which described in Section 201.1.4 below, all within 15 calendar shall apply to this contract shall be the applicable days from the date written notice of the award is mailed to portions of the Standard Specifications for Public bidder. No bid proposal shall be considered binding upon Works Construction. 1997 edition. published by the City until such time as a contract has been executed Building News. Inc.. 3055 Overland Avenue. Los by the City. Angeles. California 90034. and any supplements or amendments thereto, referred to herein as the 201.1.3 CONTRACT BONDS. The successful bidder "Standard Specifications." except as modified by the shall furnish to the City at its own expense the following Special Provisions set forth below. The Standard two surety bonds. in forms satisfactory to the City Specifications are by this reference made a part Attorney, issued by a company authorized to issue such hereof as though set forth at length, except to the bonds in the State of California. Each such bond shall be extent they conflict with the Special Provisions. in the amount of 100 percent of the contract price. one bond being conditioned upon the faithful performance of The Contractor is required to comply with the the contract work and the other upon payment of those Standard Specifications in addition to the supplying labor and materials as required by Civil Code requirements set forth in the Special Provisions. the Section 3247 et seq. Each bond shall be executed in Plans. specific project provisions and the other accordance with the Instructions For Execution of contract documents. In case of conflict between the Instruments set forth in the proposal section and each Standard Specifications and the Special Provisions as bond shall be executed by a California admitted surety set forth herein. the Special Provisions shall take insurer. and shall be subject to disapproval by the Director precedence over and be used in lieu of the conflicting of Public Works or City Attorney. provision(s). "Specifications" as used in the contract documents refers to the Standard Specifications as If the Surety on any Bond furnished by the Contractor is well as the Special Provisions. declared a bankrupt or becomes insolvent or its right to do business is terminated in California. the Contractor shall 200 GENERAL PROVISIONS: SPECIAL within 7 days thereafter substitute another Bond and PROVISIONS Suret}_which must be acceptable to the City. 201 SPECIAL PROVISIONS APPLICABLE TO 201.1.4 INSURANCE. The Contractor shall at all times ALL CONTRACTS during the term of this Contract. cam'. maintain and keep in full force and effect. a policy or policies of 201.1 AWARD OF BID AND EXECUTION OF comprehensive public liability insurance in which the CONTRACT City is the named insured or is named as an additional insured with the Contractor in accordance with Section 7- 201.1.1 DECISION AS TO WHICH 3 of the Standard Specifications. The insurance company CONTRACTOR IS THE LOWEST issuing such poliev(ies) must be acceptable to. and RESPONSIBLE BIDDER All bidders must submit approved by, the Director of Public Works and City with their proposals satisfactory evidence that they Attorney, with minimum limits of no less than One are capable of performing the work in accordance Million Dollars ($1.000.000.00) combined single limit with Plans and Specifications. The Director of Public coverage per occurrence for personal injury or death Works may require any bidder bidding on any public and/or property loss or damage which may arise from or improvement to submit experience records covering a relate directly or indirectly to the perforntance of the three-year period. The City may reject the bid of any Contractor and/or its subcontractors. Contractor shall also bidder who has been delinquent or unfaithful in the provide an endorsement in substantially the form set forth performance of previous contract work as discussed in the contract section attached hereto. Contractor shall in Section 201.1.6. The City's decision shall be final also at all times during the term of this contract carry. and binding upon all parties. maintain and keep in full force and effect a policy or 201.1.2 EXECUTION OF THE CONTRACT. The policies of Workers' Compensation insurance and shall Contract shall be executed by the successful bidder in provide to the City evidence of such coverage in the form accordance with the Instructions for Execution of set forth herein. Instmments. and returned to the City for execution. and shall be accompanied by bonds as described in R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT I (Yen.&Spec. Provsians) • • The insurance provided by the Contractor hereunder evidence that he and all subcontractors working for him shall be licensed to do business in the state of are complying with all requirements of the federal and California_ with companies with a Best's Financial state Social Security legislation. The Contractor. at am Rating of XI or better. and with companies with time on request. shall satisfy the City that the Social Best's General Policy Policyholders Rating of not Security and withholding taxes are being properly less than B. except that in case of Worker's reported and paid. Compensation Insurance. participation in the State Fund. where applicable, is acceptable. 201.2.3 PREVAILING WAGES. In accordance with the provisions of Labor Code Section 1770 et seq.. the In case of the breach of any provision of this section. Director of the State Department of Industrial Relations the City may. at the Director of Public Works's has ascertained the general prevailing rate of wages option. take out and maintain at the expense of the applicable to the work to be done under a contract for Contractor. such insurance in the name of the public improvement. The Contractor and all Contractor_ or subcontractor, as the Director of Public subcontractors will be required to pay to all those Works may deem proper and may deduct the cost of employed on the project sums not less than the sums set taking out and maintaining such insurance from any forth in the documents entitled "General Prevailing \Vagc stuns which may be found or become due the Determination made be the Director of Industrial Contractor tender this Contract. Relations pursuant to California Labor Code Part 7. Chapter I. Article 2. Sections 1770. 1773. 1773.1 and 201.1.5 COMPLIANCE WITH PROVISIONS OF 1776." THE PUBLIC CONTRACT CODE. The Contract shall conform with the provisions of Sections 4101 A copy of the above-described documents is on file and through 4113_ inclusive_ of the Public Contract may be inspected in the office of the Director of Public Code, as amended. concerning subcontractors and Works. The Contractor shall post a copy of the prevailing subcontracts. wage rates at each job site. 201.1.6 REJECTION OF BIDS. Bid proposals way 201.2.4 LABOR SECTION PENALTIES. The be rejected by the City where_ upon evidence of a Contractor shall comply with Labor Code Section 1775 prior performance of the bidder, the City makes a and shall forfeit to the City a penalty in an amount. to be finding that the bidder is not a responsible contractor determined by the Labor Commissioner pursuant to the because of unsatisfactory performance within the past cited section. of not more than fifty dollars ($50) per three years with the City or other public entities. The worker, each calendar day or portion thereof during City reserves the right to reject any or all bids and to which the Contractor or any subcontractor wider him has waive any irregularity or informality in any bid to the paid to am worker employed in the project an amount extent permitted by law. less than that required by the provisions of Section 201.2.3 herein<above_ 201.2 SPECIAL PROVISIONS: LEGAL RELATIONS AND RESPONSIBILITY TO THE 201.2.5 WORKING HOURS. Pursuant to Labor Code CITY Section 1813. the Contractor shall forfeit as a penalty to the City the sum of twenty-five ($25.00) dollars for each 201.2.1 LAWS TO BE OBSERVED. The workman employed in the execution of the Contract by Contractor shall keep himself fully informed of all him or by any subcontractor under him for each calendar existing and pending state and federal laws. all day during which such worker is required or permitted to municipal ordinances and regulations, and all orders work more than eight (8) hours in any one calendar day and decrees of bodies or tribunals having jurisdiction and forty (40) hours in any one calendar week, in or authority over the work which in any manner violation of Labor Code Section 1810 et seq. affect those employed in the work or the material used in the work, or which in any way affect the 201.2.6 APPRENTICES. The Contractor or any conduct of the work. The Contractor shall subcontractor under him shall comply with the particularly observe all ordinances of the City in requirements of Labor Code Sections 1777.5 and 1777.6 relation to the obstruction of streets or conduct of the in the employment of apprentices. Willful failure to do so work, keeping open passageways and protecting the shall subject the Contractor and/or subcontractor to the same where they are exposed or dangerous to traffic. penalties described in Labor Code Section 1777.7. 201.2.2 SOCIAL SECURITY REQUIREMENTS. Information relative to apprenticeship standards and The Contractor shall furnish to the City satisfactory administration of the apprenticeship program may be R Aspens\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 2 (Gen.&Spec.t'rovisioms) • • obtained from the Department of Industrial Relations, the date of such mailing or delivery. Such address may be San Francisco. California. or from the Division of changed at any time by written notice signed by the Apprenticeship Standards and its branch offices. Contractor and delivered to the Director of Public Works. 201.2.7 REGISTRATION OF CONTRACTORS. 201.2.12 CONTRACTOR'S RESPONSIBILITY FOR At the time of the award of the Contract, the WORK. Until the final acceptance of the work by the successfid bidder shall possess a valid contractor's City. by written action of the Director of Public Works. license, and shall comply with any applicable City the Contractor shall have the charge and care thereof and requirements concerning Contractor qualifications. shall bear the risk of injury or damage to any part of the Submission of a bid by one without a license subjects work by the action of the elements or any other cause. the bidder to civil penalties pursuant to Business and The Contractor shall rebuild, repair. restore and make Professions Code Section 7028.15. good all injuries or damages to any portion of the work occasioned by any cause before its completion and 201.2.8 PERMITS AND LICENSES. The acceptance and shall bear the expense thereof. except for Contractor shall procure all permits and licenses, such injuries or damages arising solely from the (including Seal Beach business license). pay all negligence or willful misconduct of the City. its officers. charges and fees and give all notices necessary and agents or employees. In the case of suspension of work incidental to the due and lawful prosecution of the for any cause whatever. the Contractor shall be work responsible for all materials and the protection of work already completed and shall properly store and protect 201.2.9 PATENTS. The Contractor shall assume all them if necessary and shall provide suitable drainage and responsibility arising from the use of any patented, or erect temporary structures where necessary. allegedly patented materials. equipment. devices or processes used on or incorporated in the work, and 201.2.13 MAINTENANCE AND GUARANTEE. shall defend. indemnify, and hold harmless the City. and each of its officers. agents. and employees from 201.2.13.1 The Contractor hereby guarantees that the and against any and all liabilities. demands_ claims. entire work constructed by him under the contract will damages_ losses_ costs, and expenses. of whatsoever meet fully all requirements as to quality of workmanship kind or nature, arising from such use. and materials. The Contractor hereby agrees to make at his own expense any repairs or replacements made 201.2.111 INDEMNITY. The Contractor agrees to necessary by defects in materials or workmanship that defend. indemnify. and save harmless the City. and become evident within one year after the date of the final each of its officers. officials. volunteers. agents. payment. and to restore to full compliance with the attorneys_ and employees (including but not limited requirements of the Plans. Specifications and other to the firm. its officers) who are providing sen'ices to contract documents, including any test requirements set the City. from and against any and all liability or forth for any part of the work constructed hereunder, any financial loss of any kind resulting from any suits, work which during said one-year period is found to be claims. losses or actions brought against. and from all deficient with respect to any of such provisions. The costs and expenses of litigation brought against. City. Contractor shall make all repairs and replacements and an member thereof. and am officer. official. promptly upon receipt of written orders for the same from volunteer, employee, attorneys. or agent (including the Director of Public Works. If the Contractor fails to the firm_ its officers) of City which results. in whole make such repairs and replacements as required or in part. directly or indirectly, from any act or hereunder. the Contractor and his sureties shall be liable omission of Contractor or any subcontractor, or an to the City' for the cost thereof officer. employee or agent of either. or anyone for whose acts any of these may be liable, while engaged 201.2.13.2 The guarantees and agreements set forth in in the performance of this Contract, except where 201.2.13.1 of this section shall be secured by a surer such liability or loss is caused solely by negligence or bond which shall be delivered by the Contractor to the willful misconduct of the City. City before the Notice of Completion and acceptance of the work by the Director of Public Works as provided in 201.2.11 NOTICE. The address given in the Subsection 6-8 of the Standard Specifications. Said bond Contractor's bid proposal is the place to which all shall be in the form approved by the City Attorney and notices to the Contractor shall be mailed or delivered. executed by a surety company or companies satisfactory The mailing to or delivering at such address of any to the City, in the amount of 1011 percent of the Contract. notice shall be deemed sufficient service thereof upon Such bond shall remain in force for a period of one year the Contractor. and the date of that service shall be after the date of Notice of Completion and acceptance. R\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 3 (Gen.&Spec. Provisions) • • Alternatively. the Contractor may provide for the 201.3.2 SUBLETTING AND ASSIGNMENT. The Faithful Perfonnuroe Bond furnished under the Contractor shall give his personal attention to the Contract to remain in force and effect for said amount fulfillment of the Contract and shall keep the work under until the expiration of said one-year period. his control. The Contractor shall not assign. transfer nor sublet any pan of the work except with the written 201.3 SPECIAL PROVISIONS: PROSECUTION consent of the City by the Director of Public Works and AND PROGRESS OF THE WORK of the surety of the Contractor's bond. in accordance with Public Contract Code Section 4107 et seq.. and the 201.3.1 WORK SCHEDULE. As soon as notified of consent of the Surety, together with a copy of the the award of the Contract. the Contractor shall subcontract. shall be filed with the Director of Public prepare and submit to the Director of Public Works a Works. No assignment. transfer or subletting, even though work schedule for accomplishing the work within 5 consented to, shall relieve the Contractor of his liabilities Calendar Days. Said schedule must show the dates of under the Contract. Subcontractors shall not be the expected start and completion of the various recognized as such. and all persons engaged in the project items of the Contract work. The construction will be considered as employees of the Contractor_ their schedule shall be in the form of a Gam/Bar Chart and work being subject to the provisions of the Plans_ the a Critical Path Method schedule and both shall be in Specifications and other contract documents. Should any sufficient detail to show the chronological subcontractor fail to perform the work undertaken by him relationship of all activities of the project including. to the satisfaction of the Director of Public Works. said but not limited to. estimated starting and completion subcontractor shall be removed immediately from the dates of various activities_ scheduling of equipment, project upon request by the Director of Public Works. and procurement of materials. The constmction schedule shall not again be employed on the work. and the shall reflect completion of all work under the Contractor shall be held liable for the deficient work. Contract within the specified time and in accordance with the contract documents. The City will accept the The Contractor shall submit to the City a list with the schedule for the limited purposes such as payment tames. addresses and telephone numbers of all application evaluation. scheduling performance subcontractors who will work under hint on the project evaluation. Said acceptance does not relieve the prior to commencement of the work. The list may be Contractor of its responsibility for scheduling. amended from time to time as long as no subcontractor is sequencing. and pursuing work to comply with the added to the list without the prior consult of the City. No requirements of the Contract Documents. work may be performed by subcontractors that is not on the list. The Contractor must subunit deliver a schedule update to the Director of Public Works with each 201.3.3 LABOR. MATERIALS, AND EQUIPMENT: monthly payment application. No payment will be The Contractor shall provide competent. suitably made to the Contractor unless said schedule is qualified personnel to survey and lay out the Work and submitted and accepted by the City. perform construction as required by the Contract Documents. The Contractor shall at all times maintain During a scheduling conference between the good discipline and order at the site. Any overseer. Contractor and the Director of Public Works. the superintendent. laborer or other person employed on the work schedule will be discussed and modified. if work by the Contractor who is intemperate. incompetent. necessary. by mutual agreement. Should it become troublesome or otherwise undesirable. or who fails or necessary for the City to delay temporarily the work refuses to perform the work in the manner specified schedule agreed upon during the scheduling herein, shall be discharged immediately and such person conference. even'effort will be made to permit a new shall not again be employed on the work. work schedule at the time most convenient to the Contractor. thus permitting the project to proceed Except in connection with the safety or protection of with the shonest intramural movement of the persons or the Work or proper' at the site or adjacent equipment. thereto, and except as otherwise indicated in the Contract Documents,all Work at the site shall be performed during 201.3.1.1 HOLIDAYS: The Contractor shall not regular working hours. and the Contractor will not permit schedule any work during any day for which the City overtime work or performance of Work on Saturday. is closed for business unless prior written approval is Sunday. or any legal holiday without the Director of obtained from the Director of Public Works. Public Works written consent given after prior written notice from the Contractor. If the Contractor performs any work after regular working hours. or on Saturday. R:specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 4 (Lien.Sr Spec. Provision's) Sunday. or any legal holiday. it shall pay the City as a finished work complies accurately with the Contract result of such work. Documents. Except as otherwise provided in this Article. the The Contractor shall designate in writing and keep on the Contractor shall receive no additional compensation work at all times during its process a competent. full-time, for overtime work, i.e.. work in excess of 8 hours in reliable, technically qualified. English speaking any one calendar day or 40 hours in any one calendar superintendent. who shall not be replaced without written day week. even though such overtime work may be notice to the Director of Public Works except under required under emergency conditions and may be extraordinary circumstances. Under extraordinary ordered by the Director of Public Works in writing. circumstances and in the absence of the superintendent Additional compensation will be paid to the from the site of the project. even if such is only of a Contractor for overtime work only in the event that temporary duration. the Contractor must provide and extra work is ordered by the Director of Public leave at the site a competent and reliable English- Works. and the Change Order specifically authorizes speaking agent or foreman in charge. The superintendent the use of overtime work of overtime work and then shall be the Contractor's representative at the site and only to such extent as overtime wages are regularly shall have authority to act on behalf of the Contractor. All being paid by Contractor for overtime work of a notices. conunmucations, orders or instructions given. similar nature in the same locality. sent to, or served upon the superintendent or temporal} agent shall be as binding as if given to the Contractor. The All costs of inspection and testing performed by the Contractor shall issue all its communications to or Director of Public Works or its authorized through the Director of Public Works. representative before 7:00 AM or after 4:00 PM on any regular working day. or all day on Saturday. The Contractor's superintendent shall be present at the Sunday. or any legal holidays by the Contractor site of the Work at all times while work is in progress. which is allowed for the convenience of the Failure to observe this requirement shall be considered as Contractor shall be borne by the Contractor at the suspension of the Work by the Contractor until such time City's standard overtime rates. The Director of Public as such superintendent is again present at the site. Works shall have the authority to deduct the cost of all such inspection and testing from any partial 201.3.5 TEMPORARY STOPPAGE OF payments otherwise due the Contractor. CONSTRUCTION ACTIVITIES. The Director of Public Works shall have the authority to suspend the Unless otherwise specified in the Contract Contract work. wholly or in pan. for such a period of time Documents. the Contractor shall furnish and assume as he may deem necessary_ due to unsuitable weather or full responsibility for all materials. equipment. labor. to such other conditions as he considers unfavorable for transportation. constniction equipment and the proper prosecution of the work. or for such time as he machinery. tools. appliances. fuel. power. light_ heat. may deem necessary due to failure on the pan of the telephone. water. sanitary facilities. and incidentals Contractor or his workmen to carry out orders or to necessary for the furnishing. performance. testing. perform ally of the requirements of the Contract. The start-up. and completion of the Work. Contractor shall immediately comply with such an order from the Director of Public Works and shall not resume 201.3.4 SUPERVISION AND operations until so ordered in writing. SUPERINTENDENCE: The Contractor shall supervise and direct the Work competently and 201.3.6 TIME OF COMPLETION AND efficiently. devoting such attention thereto and LIQUIDATED DAMAGES. The Contract time may applying such skills and expertise as may be only be changed by a Change Order. Any claim for necessary to perform the Work in accordance with extension or shortening of the Contract time shall be the Contract Documents. The Contractor shall be based on written notice delivered to the Director of Public solely responsible for the means. methods, Works promptly (but in no event later than 7 days) after techniques. sequences and procedures of the occurrence of the event giving rise to the claim and construction. but the Contractor shall not be stating the general nature of the claim. Notice of the responsible for negligence of others in the design or extent of the claim with supporting data shall be delivered selection of a specific means. method. technique. within 10 days after install notification (unless the sequence or procedure of construction which is Director of Public Works allows an additional period of indicated in and required by the Contract Documents. time to ascertain more accurate data in support of the The Contractor shall be responsible to see that the claim) and shall be accompanied by claimant's written statement that the adjustment claimed is the entire R\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 5 (Gen.&Spec.Provisioms) • • adjustment to which the claimant has reason to work caused by acts of God. fire not due to acts of the believe it is entitled as a result of the occurrence of Contractor or subcontractors. floods. or earthquakes. a said event. All claims for adjustment in the Contract state of war or emergencies. or by delays of Time shall be determined by the Director of Public subcontractors due to such causes. provided that the Works. No claim for an adjustment in Contract Time Contractor shall. within 7 days from the beginning of such will be valid if not submitted in accordance with the delay, notify the City. in writing. of the cause of the requirements of this article. delay. The City will ascertain the facts and the extent of the delay. and its finding thereon shall be final and The Contract Time will be extended in amouu equal conclusive. If the City deems it appropriate to assess the to time lost on the critical path due to delays beyond Contractor liquidated damages for mimic to timely the control of the Contractor if a claim is made complete the project or a portion thereof, such damages therefor as provided in Section 201.3.6. Such delays shall be as specified in the Special Provisions of these shall include acts by the Owner. acts of God. fire not Contract Documents. due to acts of the Contractor or subcontractors. floods. or earthquakes, a state of war or emergencies, MI time limits stated in the Contract Documents are the or by delays of subcontractors due to such causes. essence of the Agreement. If all the Contract work is not completed in its 201.3.7 SUSPENSION OF CONTRACT. If at any time. entirety in accordance with all applicable in the opinion of the Director of Public Works. the requirements within the time specified in the contract Contractor fails to supply an adequate working force. documents. the City shall have the right to grant or manufactured articles_or material of proper quality. or has deny an extension of time for completion. as may failed in any other respect to prosecute the work with the seem best to serve the interests of the City. diligence and force specified and intended by the terms of the Contract. the City will serve notice thereof in writing The Contractor shall agree that it would be upon the Contractor,and should the Contractor neglect or impractical and extremely difficult to fix the actual refuse to provide means for satisfactory compliance with damages to the City in the event the project is not the Contract within the time specified in said notice and commenced and/or completed on or before the dates as directed by the Director of Public Works. the Director specified for commencement and completion of the of Public Works shall have the power to suspend the project in the Contract Documents. The Contractor operation of the Contract and discontinue all work or any will consider the facts of a breach of this Contract part thereof subject to review by the City . Upon such a and shall agree that the liquidated damages sum suspension. the Contractor shall discontinue work on the hereinafter set forth is reasonable as liquidated project. or on such part thereof as the Cih' may designate. damages in the event of a breach. and that said sum and the City may thereupon. by contract or otherwise. as shall be presumed to be the amount of the damages it may determine. complete the work or such part thereof. sustained by the City in the event of such a breach. and charge the entire expense of so completing the work The Contractor therefore agrees that in the event such or any part thereof to the Contractor. and for such work is not begun and/or completed and accepted by completion the City itself or its Contractors may take the times so specified in the Contract Documents_ the possession of and use. or cause to be used in the sum specified in the Special Provisions of these completion of the work, or any part thereof. any such Contract Documents shall be presumed to be the materials, implements and tools of any description as may amount of damages suffered by the City for each be found at the place of such work. All expenses charged day's delay in the starting and/or completion and for completion of work under this section shall be acceptance of said Project after the dates specified in deducted and paid for by the City first out of any moneys the Contract Documents for the start and/or then due or to become due the Contractor under the completion thereof. and Contractor hereby agrees to Contract, or any part thereof and the City shall not be pay said sum as liquidated damages for each calendar held to obtain the lowest figure for the work of day of delay in the starting and/or completion and completing the Contract or any part thereof. or for acceptance of said Project beyond the dates specified ensuring its proper completion. but all sums paid therefor in the Contract Documents. Except as otherwise shall be charged to the Contractor. If the expenses so provided herein, ally and all such liquidated damages charged are less than the stun which would have been shall be assessed in accordance with the Standard payable to the Contractor tinder the Contract if the work Specifications. had been completed by the Contractor. the Contractor shall be entitled to receive the difference. and if such The Contractor shall not be assessed with liquidated expenses should exceed the amount payable under the damages during any delay in the completion of the Contract. then the Contractor shall pay the amount of the R:Ispecs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 6 (Lien.&Spec. Provisioms) • • excess to the City. upon completion of the work. does not consider the Work substantially' complete. the without further demand being made therefor. In the Director of Public Works will notify the Contractor in determination of the question as to whether or not writing. giving the reasons therefor. If the Director of there has been any such noncompliance with the Public Works considers the work substantially complete. Contract as to warrant the suspension or annulment the Director of Public Works will prepare and deliver to thereof the decision of the City shall be binding the City for its execution a Notice of Completion. which shall fix the date of Substantial completion. As applicable. 201.4 SPECIAL PROVISIONS: there shall be attached to the said Notice a list of items to MEASUREMENT AND PAYMENT be completed or corrected before release of retainage or funds withheld to secure payment for such items 201.4.1 MEASUREMENT AND PAYMENT. remaining to be completed or corrected. Measurement of the quantities of work and payments therefor shall be in accordance with Section 9 of the b. Completion shall mean Substantial completion. Standard Specifications as modified by the following. which shall mean substantial performance of the Contract Except as otherwise established. the •monthly as defined in Black's Law Dictionary 4th Edition. by payment date shall be the last calendar day of each West Publishing Co.. St. Paul Mimi.. See definition of month. In accordance with subsection 9-3.2 of the "Completion" and Substantial Completion" in Article I. Standard Specifications. the Director of Public Works herein. will. after award of the Contract, establish a closure date for the purpose of making monthly payments. 201.4.2.2 FINAL APPLICATION FOR PAYMENT: The Contractor may request in writing that such After the Contractor has completed all such correction closure shall be changed. which request may be work referred to in the substantial completion section. approved by the Director of.Public Works if it is herein. and delivered all maintenance and operating compatible with the City's ayment procedure. A instructions. schedules. guarantees. Bonds. certificates of measurement of work performed and a progress inspection. marked-up record documents (as provided in estimate of the value thereof based on the Contract the General Requirements) and other documents_ all as shall be prepared by the Contractor and submitted to required by the Contract Documents. and after the the Director of Public Works before the tenth day Director of Public Works has indicated that the work is following the monthly payment date for verification acceptable. the Contractor may make application for final and payment consideration by the Director of Public payment following the procedure for progress payments. Works. The final Application for Payment shall be accompanied by all documentation called for in the Contract From each progress estimate. 10 percent will be Documents. together with complete and legally effective deducted and retained by the City, and the remainder releases or waivers (satisfactory to the City) of all liens less the amount of all previous payments will be paid arising out of or filed in connection with the work to the Contractor. If. on the basis of the Director of Public Works's observation of the Work during construction and final The Cost of all work as described in these contract inspection. and the Director of Public Works's review of documents shall be included in contract wilt prices the final Application for Payment and accompanying bid for the various items of work requiring such documentation. all as required by the Contract work. and no additional compensation will be Documents. the Director of Public Works is satisfied that allowed. the Work has been substantially completed. and the Contractor's other obligations under the Contract 201.4.2 FINAL INVOICE AND PAYMENT Documents have been fulfilled. the Director of Public Works will. after receipt of the final Application for 201.4.2.1 SUBSTANTIAL COMPLETION: Payment. indicate in writing the Director of Public Works's recommendation of payment and present the a. When the Contractor considers the Work Application to the City for payment. ready for its intended use. the Contractor shall notify the City and the Director of Public Works in writing Whenever. in the opinion of the Director of Public Works. that the work is substantially complete and request the Contractor shall have completely performed the that the Director of Public Works prepare a Notice of Contract. the Director of Public Works shall notify the Completion. Within a reasonable time thereafter. the Agency Secretary that the Contract has been completed in Contractor and the Director of Public Works shall its entirety. The Contractor shall then submit to the make an inspection of the Work to determine the Engineer for approval a written statement of the final status of completion. If the Director of Public Works quantities of Contract items for inclusion in the final R:\specs\CITV OF SEAL BEACH FORCE MAIN REPLACEMENT 7 (Gen.&Spec.Provisioms) • • invoice. Upon receipt of such statement. the Director for a particular subcontractor. payment of the retention of Public Works shall check the quantities included shall be made to the designated subcontractor. if the therein and shall authorize the Contractor to submit payment is consistent with the terms of the subcontract. an invoice which in the Engineer's opinion shall be just and fair. covering the amount and value of the 201.4.2.4 SUBSTITUTION OF SECURITIES FOR total amount of work done by the Contractor. less ten RETENTION: In accordance with Public Contract Code percent (10%) of the total work done. The Engineer Section 22300. Contractor may substitute securities for shall then request that the City accept the work and retention moneys to be withheld to ensure performance that the Agency Secretary be authorized to file. on under this Contract. At the request and expense of the behalf of the City in the office of the Orange County Contractor. securities equivalent to the amount withheld Recorder.a Notice of Completion of the work agreed shall be deposited with the City, or with an approved state to be done by the Contractor. or federally chartered bank in California as the escrow agent.who shall then pay such moneys to the Contractor. After acceptance of the Work by the City's governing Upon satisfactory completion of the Contract. the body. the City will make final payment to the securities shall be returned to the Contractor. Contractor of the amount remaining after deducting all prior payments and all amounts to be kept or Alternatively_ at the Contractor's request and expense. the retained under the provisions of the Contract City shall make payment of retentions earned directly to Documents. including the following items: the escrow agent. At the Contractor's expense. the Contractor may direct the investment of the payments into Liquidated damages. as applicable. securities and shall receive the interest earned on the investments on the same tens provided for in this section Two times the value of outstanding items of for securities deposited by the Contractor. Upon correction work or punch list items indicated on the satisfactory completion of the Contract. the Contractor Notice of Completion as being vet uncompleted or shall receive from the escrow agent all securities. interest. uncorrected as applicable. All such work shall be and payments received by the escrow agent from the City completed or corrected to the satisfaction of the City pursuant to the terms of this section. The Contractor shall within the time stated on the Notice of Completion. pay to each subcontractor. not later than 20 days from otherwise the Contractor does hereby waive any and receipt of the payment. the respective amount of interest all claims to all monies withheld by the City to cover earned. net of costs attributed to retention withheld from the value of all such uncompleted or uncorrected each subcontractor. on the amount of retention withheld items. to ensure Contractor's performance. 201.4.2.3 RELEASE OF RETENTION: Pursuant It is the Contractor's obligation to secure the services of a to Public Contract Code Section 7107. and in state or federally chartered bank to act as escrow agent. accordance with the provisions therein. within 60 Securities eligible for investment include those listed in days after the date of completion of the improvement. Government Code Section 16430 or bank or savings and the retention withheld by the City shall be released. loan certificates of deposit. interest bearing demand The Faithful Performance and Labor and Material deposit accounts. standby letters of credit. or any other Bonds shall also be released at this time.except to the security mutually agreed to by Contractor and City. extent the former bond is to remain in force and Contractor shall be the beneficial owner of any securities effect pursuant to 201.2.13.1 hereinabove. In the substituted for moneys withheld and shall receive any event of a dispute between the City and the interest thereon. The escrow agreement used for Contractor. the City may withhold from the final substituted securities must be substantially similar to that payment an amount not to exceed 150 percent of the set forth in Public Contract Code Section 22300. disputed amount as provided in Section 7107. Within 10 days from receipt by the Contractor of retention 201.4.3 EXTRA WORK. Extra work. when ordered in proceeds. Contractor shall pay each of its writing by the Director of Public Works and accepted by subcontractors from whom retention has been the Contractor. shall be paid for under written work order withheld its share of the retention received. except in accordance with the terms therein provided. Payment that Contractor may withhold from a subcontractor its for extra work will be made at the unit price or lump sum portion of the retention proceeds if a bona tide previously agreed upon between the Contractor and the dispute exists between the subcontractor and Director of Public Works. All extra work shall be adjusted Contractor. up to 150 percent of the estimated value daily upon report sheet furnished by the Contractor. of the disputed amount. If a retention payment prepared by the Director of Public Works. and signed by received by the Contractor is specifically designated R\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 8 (Gen.&Spec. Provisions) S both parties. and said daily report shall be considered evaluation of the claim. and until the claim has been thereafter the true records of extra work done. settled to audit the Contractor's books to the extent they are relevant. This right shall include the right to examine 201.4.4 UNPAID CLAIMS. If upon or before the books. records. documents. and other evidence and completion of the work herein agreed to be accounting procedures and practices. sufficient to performed. or at any time prior to the expiration of discover and verify all direct and indirect costs of the period within which claims of lien may be filed of whatever nature claimed to have been incurred or record as prescribed by the Code of Civil Procedure. anticipated to be incurred and for which the claim has any person or persons claiming to have performed been submitted. The right to audit shall include the right any labor or furnished any materials. supplies or to inspect the Contractor's plans. or such parts thereof. as services toward the performance of this Contract or may have been engaged in the performance of the Work. to have agreed to do so. files with the City a verified The Contractor further agrees that the right to audit statement of such claim in accordance with Civil encompasses all subcontracts and is binding upon Code Section 3179 et seq.. or if any person brings subcontractors. The rights to examine and inspect herein against the City or any of its agents any action to provided for shall be exercisable through such enforce such claim. the City shall until the discharge representatives as the City deems desirable during the thereof withhold from the moneys that are under its Contractor's normal business hours at the office of the control an amount sufficient to answer the claim Contractor. The Contractor shall make available to the stated in such notice and to provide for the reasonable City for auditing. all relevant accounting records and cost of any litigation thereunder. as provided in Civil documents. and other financial data_ and upon request. Code Section 3186: provided. that if the City in its shall submit true copies of requested records to the City_ discretion permits the Contractor to file such release bond as is authorized by Civil Code Section 3196 in a 201.5 CONTROL OF WORK sum equal to one and one-quarter times the amount of said claim, said money shall not thereafter be 201.5.1 AUTHORITY OF THE DIRECTOR OF withheld on account of such claim. PUBLIC WORKS. The Director of Public Works shall decide any and all questions that may arise as to the 201.4.5 MEDIATION AND ARBITRATION OF quality and acceptability of materials furnished and work CLAIMS. Pursuant to Public Contract Code Section performed. the manner of performance and rate of 20104 (c). the current provisions of Public Contract progress of the work. and the interpretation of the Plans. Code Section 20104 et seq. dealing with the the Specifications and other contract documents. The mediation and arbitration of public works claims arc Director of Public Works shall likewise decide any and all incorporated herein and a copy of these provisions is questions as to the acceptable fulfillment of the Contract attached hereto as Exhibit I. on the part of the Contractor. and all questions as to claims and compensations. The decision of the Director of 201.4.6 ACCEPTANCE. The parties agree that no Public Works shall be final. and lie shall have authority to certificate given. with the exception of the certificate enforce and make effective such decisions and actions as of final payment. shall be conclusive evidence of the the Contractor fails to cam'out promptly. faithful performance of the Contract. either in whole or in part. and that no payment shall be construed to The Director of Public Works shall have the authority to be an acceptance of any defective work or improper designate. from time to time. agents or representatives to materials. Further. the certificate of final payment have the authority to act on his behalf The Director of shall not terminate the Contractor's obligations tinder Public Works will designate these agents at the pre- his warranty hereinabove. The Contractor agrees that construction conference. Any reference to the"Director of payment of the amount due under the Contract and Public Works" in these Contract Documents shall mean to the adjustments and payments due for any work done include"or his designee". in accordance with any alterations of the same. shall release the City, the City and its officers and 201.5.2 CONFORMITY WITH PLANS AND employees from any and all claims or liability on ALLOWABLE VARIATION. Finished surfaces shall in account of work performed under the contract or any all cases conform with the lines. grades. cross-sections alteration thereof. and dimensions shown on the approved Plans. Minor deviations from the approved Plans. whenever required by 201.4.7 RIGHT TO AUDIT If the Contractor the exigencies of construction. must be authorized in submits a claim to the City for additional writing in all cases by the Director of Public Works. compensation. the City shall have the right. as a condition to considering the claim. and as a basis for R'.\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 9 (Gen.&.Spec. Provisioms) • • 201.5.3 PROGRESS OF THE WORK. The 201.5.8 CONTRACT DOCUMENTS; CONFLICT OF Contractor shall begin work on the date agreed upon TERMS. The Notice Inviting Sealed Bids. the following the scheduling conference mentioned in Instructions to Bidders. the successful Contractor's bid Section 201.3.1. and shall diligently prosecute the proposal and bid sheet. Contractor's Industrial Safety same to completion before the expiration of the time Record. Non-Collusion Affidavit. List of Subcontractors. limit specified in the contract documents. Bidder's Bond. Information Required of Bidder. Bid Security Forms. any and all addenda to the contract 201.5.4 CONTINUING THE WORK. The documents distributed prior to the bid opening date. Contractor shall carry on the Work and adhere to the Insurance Requirements for the City. Performance Bond. construction schedule required to be submitted under Payment (Labor and Material) Bond. Worker's One requirements of the Contract Documents during Compensation Certification and Certificate of Insurance. all disputes or disagreements with the City. No work Public Works Contract. Warranty Bond (as applicable). shall be delayed or postponed pending resolution of Plans, standard drawings, applicable permits. notices and any disputes or disagreements. except as the affidavits, and the Specifications (including the Standard Contractor and the City may otherwise agree in Specifications. as incorporated herein, and the General writing. and Special Provisions, and any and all applicable addenda or supplemental agreements) constitute the 201.5.5 SAMPLES. The Contractor shall furnish all Contract as defined herein, and a requirement included in products and materials required to complete the one such document shall be as binding as though included work. All materials and products must be of the in all. as they are intended to be cooperative and to specified quality and filly equal to samples. when provide a description of the work to be done. samples are required. Whenever required. the Contractor shall submit to the Director of Public Should there be any conflict or discrepancy between Works for purposes of testing and free of charge_ provisions of the contract documents and/or the following samples of any one of the materials or products laws. precedence shall be as follows: proposed to be used in the work. Said samples shall I. Applicable federal. state and local laws. regulations be delivered by the Contractor to the place within the City designated by the Director of Public Works. or permits: Rejected material must be immediately removed 2. Contract front the work by the Contractor and shall not again be brought back to the site. 3. Addenda 4. Change orders and supplemental agreements: 201.5.6 TRADE NAMES AND ALTERNATIVES. In accordance with Public Contract Code Section Specific Project Provisions: 3400. in drafting bid specifications in connection 6. Special Provisions Applicable to all Contracts: with the construction. alteration or repair of public works. the City may call for a designated material. 7. Plans and Drawings: product. thing or service by specific brand or trade 8. Standard Specifications: name only if the specification lists at least two brands or trade names of comparable quality or utility. Other contract documents. followed by the words "or equal" so that bidders may With reference to the Drawings the order of precedence furnish any equal material, product. thing or service, shall be as follows: In applying this section. the City. if aware of an equal product manufactured in California. shall name such I. Figures govern over scaled dimensions: product in the specification. In cases involving a 2. Detail drawings govern over general drawings: unique or novel product application required to be used in the public interest. or where the City is aware 3. Addenda/Change Order drawings govern over of only one brand or trade name. it may list only one. Contract Drawings: 4. Contract Drawings govern over standard drawings: 201.5.7 PROTECTION OF WORK. The Contractor shall continuously maintain adequate 201.5.9 INTERPRETATION OF PLANS AND protection of all work from damage. and the City will SPECIFICATIONS. Should it appear that the work to be not be held responsible for the care or protection of done. or any matter relative thereto. is not sufficiently any material_ equipment or work, unless expressly detailed or explained on the Plans or in the Specifications provided for in the contract documents. or in another contract document. the Contractor shall request the Director of Public Works for such thither R:\specs1CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 10 (Gen.&Spec.Proci Toms) • • explanation as may be necessary. and shall conform prior written order from the Director of Public Works. to such explanation or interpretation as part of the Compensation for such extra work shall be agreed upon in Contract. so far as may be consistent with the intent writing by the Contractor and the Director of Public of the Plans. Specifications and other contract Works prior to commencement of the work. documents. For each request for information received from the Contractor for which the Director of Public The Contractor will be paid for the use of equipment at Works determines that the necessary inforniation is the rental rates listed for such equipment in the State of stated in sufficient clarity in the Contractor California publication: " Labor Surcharge and Equipment Documents and that a competent contractor should Rental Rates'', which is in effect on the date upon which have been able to determine said information without the work is accomplished and which is a part of the the further clarification. the Director of Public Works contract. regardless of ownership and any rental or other will deduct two hundred dollars from the monies agreements if such may exist, for the use of such owed the Contractor as partial compensation for the equipment entered into by the Contractor. If it is deemed time spent to research the request. In the event of necessary by the Director of Public Works to use continuing doubt or questions concerning the true equipment not listed in the said publication. a suitable meaning of the Specifications or other contract rental rate for such equipment will be established by the documents following such explanation by the Director of Public Works. The Contractor may furnish Director of Public Works. reference shall be made to any cost data which might assist the Director of Public the City_whose decision thereon shall be final. Works in the establishment of such rental rate.. 201.5.10 ALTERATIONS, INCREASES AND 201.5.12 LINES AND GRADES. Except when. as per DECREASES OF WORK TO BE DONE. The orders from the Director of Public Works. minor changes City reserves the right to increase or decrease the in the work are to be made by the Contractor. all work quantity of any item or portion of the work described shall. during its progress and upon completion_ conform on the Plans. the Specifications or the bid proposal to the lines.grades and elevations shown on the Plans. All form or to omit portions of the work so described. as distances and measurements are given thereon mid will be may be deemed necessary or expedient by the made in a horizontal plane. In case of any such Director of Public Works, and the Contractor shall discrepancy exists. it must be reported to the Director of agree by execution of the Contract not to claim or Public Works. Failure to make this report shall make the bring suit for damages_ whether for loss of profits or Contractor responsible for any such error in the finished otherwise. on account of any decrease or omission of work. any kind of work to be done. By mutual consent of the parties signatory to the Contract, alterations. 201.5.13 PUBLIC UTILITIES. All of the existing utility modifications or deviations from the type of work facilities except those to be relocated as shown on the described on the Plans or Specifications or on the Plans will remain in place and the Contractor will be proposal form may be made without in any way required to work around said facilities. In case it should making the Contract void. The price to be paid by the be necessary to remove the property of a public utility or City to the Contractor for such altered or modified franchise. the utility or franchise will. upon proper work shall be agreed upon in writing, endorsed upon application by the Contractor. be notified by the Director the original Contract and signed by the proper parties of Public Works to move such property within a to said Contract. reasonable time. and the Contractor shall not interfere with said property until after the expiration of the time Whenever. during the progress of the work. such specified. The right is reserved to the owners of public changes or modifications are deemed necessary by utilities or franchises to enter upon the streets for the the Director of Public Works and agreed upon. as purpose of making repairs or changes in their property aforesaid. said deviations shall be considered and which are necessary as a result of the work. Employees treated as though originally contracted for, and shall and agents of the City shall likewise have the privilege of be subject to all the terms. conditions and provisions entering upon the street for the purpose of making any of the original Contract. necessary repairs or replacements. 201.5.11 EXTRA WORK. New and unforeseen In accordance with the provisions of Section 4215 of the work will be classed as extra work only when said California Government Code. any contract to which a work is not covered and cannot be paid for under any public agency as defined in Section 4401 is a party. the of the various items or combination of items for public agency shall assume the responsibility between the which a bid price appears on the proposal form. The panics to the contract. for the timely removal. relocation. Contractor shall not do any extra work except upon or protection of existing main or tnuikline utility facilities R:lspecs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT I I (Gen.&Spec. Pronsioms) • . located on the site of any construction project that is a subject of the contract if such utilities are not 201.5.14 REMOVAL OF INTERFERING identified by the public agency in the plans mid OBSTRUCTIONS. The Contractor shall remove and specifications made apart of the invitation for bids. dispose of all debris. abandoned structures. tree roots and The agency will compensate the Contractor for the obstructions of any character met during the process of costs of locating, repairing damage not due to the excavation. it being understood that the cost of said failure of the Contractor to exercise reasonable care, removals are made a pan of the unit price bid by the and removing or relocating such utility facilities not Contractor under the item for excavation or removal of indicated in the plans and specifications with existing work. reasonable accuracy. and for equipment on the project necessarily idled during such work. 201.5.15 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY. Any portions of curb. gutter. The Contractor shall not be assessed liquidated sidewalk or any other City improvement damaged by the damages for delay in completion of the project. when Contractor during the course of construction shall be such delay was caused by the failure of City or other replaced by the Contractor at his own cost, free of charges utility to provide for removal or relocation of such to the City. The cost of additional replacement of curb. utility facilities. gutter or sidewalk in excess of the estimated quantities shown in the proposal form and the Specifications. and Nothing herein shall be deemed to require the public found necessary during the process of construction. (but agency to indicate the presence of existing service not due to damage resulting from carelessness on the pan laterals or appurtenances whenever the presence of of the Contractor during his operation). shall be paid to such utilities on the site of the construction project the Contractor at the unit prices submitted in his bid. can be inferred from the presence of other visible facilities. such as buildings. meter and junction 201.5.16 REMOVAL OF DEFECTIVE OR boxes. on or adjacent to the site of the construction: UNAUTHORIZED WORK It is the intent of the provided. however. nothing herein shall relieve the Specifications that only first-class work, materials and public agency from identifying main or trunk lines in workmanship will be acceptable. All work which is the plans and specifications. defective in its construction or deficient in any of the requirements of the Specifications shall be remedied_ or If the Contractor while performing the contract removed and replaced by the Contractor in an acceptable discovers utility facilities not identified by the public manner. and no compensation will be allowed for such agency in the contract plans or specifications. he or correction. Any work done beyond the lines shown on the she shall inunediately notify the public agency and Plans or established by the Director of Public Works. or utility in writing any extra work done without written authority will be considered umuthorized and will not be paid for. Upon The public utility, where they are the City, shall have failure on the part of the Contractor to comply forthwith the sole discretion to perform repairs or relocation with any order of the Director of Public Works made work or permit the Contractor to so such repairs or under the provisions of this section. the Director of Public relocation work at a reasonable price. Works shall have authority to cause defective work to be remedied or removed and replaced. and unauthorized The Contractor shall employ and use only qualified work to be removed. and to deduct the costs thereof from persons, as hereinafter defined. to work in proximity any moneys due or to become due the Contractor. If the to Southern California Edison secondary. primary work is found to be in compliance with these and transition facilities. The tents "qualified person" Specifications. the Director of Public Works will furnish shall mean one who. by reason of experience or the Contractor with a certificate to that effect. instruction. is familiar with the operation to be performed and the hazards involved, as defined in 201.5.17 SUPERVISION BY PUBLIC WORKS Section 2700 of Title 8 of the California DEPARTMENT. All manufactured products. materials Administrative Code. The Contractor shall take such and appliances used and installed and all details of the steps as are necessary to assure compliance with this work shall at all times be subject to the supervision. test section by any subcontractors on the project. and approval of the Director of Public Works or his authorized representatives. The Director of Public Works The Contractor shall employ and use only qualified or his authorized representatives shall have access to the persons to work in proximity of any hazardous utility work at all times during construction. and shall be facilities including but not limited to gas. electric, furnished with even' reasonable facility for securing full and telephone. R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 12 (Oen.&Spec. Provision's) • ! • knowledge with regard to the progress. workmanship the Contractor to comply with any order by the Director and character of the materials used or employed in of Public Works made under the provisions of this article_ the work. the Engineer shall have the authority to remove and replace defective material and to deduct the cost of Whenever the Contractor varies the period during removal and replacement from any moneys due or to which work is carried on each day, he shall give become due to the Contractor. adequate notice to the Director of Public Works so that proper inspection may be provided. Any work 201.5.20 SOUND AND VIBRATION CONTROL done in the absence of the Engineer or the Engineer's REQUIREMENTS. The Contractor shall comply with agent will be subject to rejection. The inspection of all local sound control and noise level rides, regulations the work shall not relieve the Contractor of any of his and ordinances. No internal combustion engine shall obligations to fulfill the Contract as prescribed. operate on the project without a muffler of the type Defective work shall be made good. and unsuitable recommended by the manufacturer. Should any muffler or materials may be rejected. notwithstanding the fact other sound control device sustain damage. the Contractor that such defective work and unsuitable materials shall promptly remove the equipment and shall not return have previously been accepted or estimated for said equipment to the job until the device is repaired or payment. replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job. The Contractor shall prosecute work on any State including, but not limited to trucks. transit mixers or highway or within any railroad right-of-way only in transit equipment that may or may not be owned by the the presence of an inspector representing the State Contractor. Department of Transportation or other appropriate state agency or the railroad company. and any work 201.5.21 AIR POLLUTION CONTROL. Contractor done in the absence of such inspectors will be subject shall comply with all air pollution control rules. to rejection. The Contractor shall make the regulations, ordinances and statutes. All containers of appropriate notification according to the instructions paint. tanner, during compound. solvent or liquid asphalt given on the State Encroachment Penult or railroad shall be labeled to indicate the contents, fully complying permit for all inspections, and shall post all bonds with the applicable material requirements. and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's 201.5.22 FINAL CLEANING UP. Upon completion of expense. The Contractor shall pay for all testing and the project and before making application to the Director inspections required by a State Encroachment Permit of Public Works for acceptance of the work, the or railroad permit. Contractor shall clean all the streets and ground occupied or utilized by him in connection with the project. of all 201.5.18 QUALITY OF MATERIAL. Materials rubbish, debris, excess material, temporary structures and shall be new. mid of specified kind and quality. and equipment. leaving the entire site of the work in a neat fully equal to samples when samples are required. and presentable condition. When the quality or kind of material or articles shown as required under the contract is not 201.5.23 TRENCHES AND EXCAVATIONS. In particularly specified. the Contractor shall estimate accordance with Public Contract Code Section 7104. that the City will require articles mid materials whenever the digging of trenches or other excavations representing the best of their class or kind or at least extend deeper than four feet below the surface, the equal to the class or quality of similar articles or Contractor shall promptly, and before the following materials when specified. Materials shall be furnished conditions are disturbed, notify the City in writing of any: in such quantities and kinds and at such times as to 1) Material that the Contractor believes may be material ensure uninterrupted progress of the work. They shall that is hazardous waste, as defined in Health and Safety be stored properly and protected as required. The Code Section 25117. that is required to be removed to a Contractor shall be entirely responsible for damage or Class I. Class II or Class III disposal site in accordance loss caused by weather or any other cause. with provisions of existing law: 2) Subsurface or latent physical conditions at the site differing from those 201.5.19 DEFECTIVE MATERIALS. All materials indicated: or 3) Unknown physical conditions at the site not conforming to the requirements of the of any unusual nature. different materially from those Specifications shall be considered defective. and all ordinarily encountered and generally recognized as such materials shall be removed immediately from inherent in work of the character provided for in the the site of the work unless otherwise permitted by the contract. The City shall promptly investigate the Director of Public Works. Upon failure on the part of conditions, and if it finds that the conditions do materially R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 13 (Gen.&Spec.Provisions) • • so differ- or do involve hazardous waste and cause a Public Works within 24 hours will result in the Agency decrease or increase in the Contractor's cost of. or the taking corrective action and deducting the cost from any time required for. performance of-mw part of the monies that come due the Contractor. work. the City shall issue a change order under the procedures described in the Contract. In the unlikely 201.5.26 PROTECTION & RESTORATION OF event that a dispute arises between the City and the EXISTING IMPROVEMENTS: Contractor regarding whether the conditions materially differ, or involve hazardous waste, or 201.5.26.1 General: Except as may otherwise be provided cause a decrease or increase in the Contractor's cost in specific instances. nothing in the Contract shall be of. or time required for. performance of any part of constnicted as vesting in the Contractor any property right the work. the Contractor shall not be excused from in any material, article or structure existing at the time of any scheduled completion date provided for by the award of Contract within the area in which the work is to Contract. but shall proceed with all work to be be done: or in any material or article subsequently performed under the Contract. The Contractor shall furnished for the work by the Contractor after having retain any and all rights provided either by contract or been accounted for on an approved estimate supporting by law which pertain to the resolution of disputes and the Contractor's demand for payment as provided in protests between the contracting parties. Where Section 9. In the latter event any such material, article. applicable. Contractor shall comply with the trench structure or work shall become the property. of the agency or excavation permit requirement found in Labor after being so accounted for. Code Section 6500 and the excavation safety requirements found in Labor Code Section 6705. The Contractor shall maintain all existing roadside mailboxes and signs including but not limited to 201.5.24 SHEETING, SHORING AND directional. warning, advisor, regulator. bus stop and BRACING. In accordance with the provisions of street markers. in an erect and functional position and Labor Code Section 6705. with regard to any contract condition at all times during the construction period in for public works involving an estimated expenditure temporary locations as designated by the Director of in excess of$25.000.for the excavation of any trench Public Works. Any of these facilities which are damaged or trenches 5 feet or more in depth. the Contractor or lost shall be replaced by the Contractor at no cost to the must submit. and the City or a registered civil or Agency. structural engineer must accept. in advance of excavation. a detailed plan showing the design of When a portion of a privately owned sprinkler system is shoring bracing. sloping or other provisions to be removed, heads and other salvageable material shall be made for worker protection from the hazard of caving carefully removed and placed on the adjacent propeny. ground during the excavation of trenches. If the plan Any of the materials not wanted by the owner shall be varies from the shoring system standards. it must be removed from the site by the Contractor. Removal- repair prepared by a registered civil or structural engineer, or capping shall be as directed by the Director of Public Such plan must comply with State Constniction Works. Safety Orders. In addition. each bidder shall list in the bid proposal the amount included in the bid for 201.5.27 SAFETY AND OTHER PROTECTION trench and excavation. adequate sheeting. shoring and bracing. or equivalent method for the protection 201.5.27.1 The Contractor shall be responsible for of life and limb. which work shall conform to initiating. maintaining. and supervising all safety applicable State Construction Safety Orders. By precautions and programs in connection with the work. listing this sum in his bid, the bidder warrants that his The Contractor shall take all necessary protection to action does not convey ton liability to the City or its prevent damage. injury. or loss to the following: employees or agents. including the Director of Public 1 All employees on the work and other persons Works. and organizations who may be affected thereby: 201.5.25 GRAFFITI: The Contractor shall 2. All the work and materials and equipment to be constantly monitor the work site and all equipment incorporated therein. whether in storage on or off the site: and appurtenances associated with the project for and vandalism/grafftti. Any vandalism /graffiti found within the project limits or work site by the Other property at the site or adjacent thereto. Contractor or the City shall be removed or repaired including trees. shrubs, lawns, walks- pavements. by the Contractor within 24 hours. Failure to correct roadways. structures. utilities. and Underground Facilities the situation to the satisfaction of the Director of R\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 11 (teen.&Spec. Provisions) • • • not designated for removal. relocation. or Contractor shall give the Director of Public Works prompt replacement in the course of construction. written notice if the Contractor believes that any significant changes in the work or variations from the 201.5.27.2 The Contractor shall comply with all Contract Documents have been caused thereby. If the applicable Laws and Regulations (whether referred Director of Public Works determines that a change in the to herein or not) of any public body having Contract Documents is required because of action taken jurisdiction for the safety of persons or property or to by the Contractor in response to such emergency. a Work protect them from damage. injury or loss: and shall Directive Change or Change Order will be issued to erect and maintain all necessary safeguards for such document the consequences of such action. safety and protection. The Contractor shall notify Citys of adjacent ,properly and utilities when 201.5.29 SHOP DRAWINGS AND SAMPLES: prosecution of the work may effect them. and shall cooperate with them in the protection. removal. 201.5.29.1 After checking and verifying all field relocation_and replacement of their property.. measurements and after complying with applicable procedures specified in the General Requirements of the 201.5.27.3 The Contractor shall designate in writing Technical Specifications. The Contractor shall submit to a responsible representative at the site whose duly the Director of Public Works for review all Shop shall be the prevention of accidents. This person shall Drawings in accordance with the accepted schedule of be the Contractor's superintendent or project Shop Drawing submittals specified in the General manager unless otherwise designated in writing by Requirements of the Technical Specifications. the Contractor to the City. 201.5.29.2 The Contractor shall also submit to the 201.5.27.4 Materials that contain hazardous Director of Public Works for review all samples in substances of mixtures may be required on the work. accordance with the accepted schedule of sample A Material Safety Data Sheet as described in Section submittals specified in the General Requirements of the 5194 of the California code of Regulations shall be Technical Specifications. requested by the Contractor from the manufacturer of any hazard product used. 201.5.29.3 Before submittal of each shop drawing or sample.the Contractor shall have determined and verified 201.5.27.5 Material usage shall be accomplished with all quantities. dimensions. specified performance criteria. strict adherence to California Division of Industrial installation requirements, materials. catalog numbers and Safety requirements and all manufacturer's warnings similar data with respect thereto and reviewed or and application instructions listed on the Material coordinated each shop drawing or sample with other shop Safety Data Sheet and on the product container label. drawings and samples and with the requirements of the work and the Contract Documents. 201.5.27.6 The Contractor shall be responsible for coordinating any exchange or material safety data 201.5.29.4 The Director of Public Works's review and sheets or other hazard communication information approval of shop drawings or samples shall not relieve the required to be made available to or exchanged Contractor from responsibility for any variation from the between or among employers at the site in requirements of the Contract Documents unless the accordance with Laws and Regulations. Contractor has in writing called the Director of Public Works's attention to each such variation at the time of 201.5.27.7 The Contractor shall notify the Director of submission and the Director of Public Works has given Public Works if it considers a specified a specified written acceptance of each such variation: nor will any product or its intended usage to be unsafe. This acceptance by the Director of Public Works relieve the notification must be given to the Director of Public Contractor from responsibility for errors or omissions in Works prior to the product being ordered. or if the shop drawings for from responsibility for having provided by some other pan'. prior to the product complied with the provisions of these Contract being incorporated in the work. Documents. 201.5.28 EMERGENCIES. In emergencies 201.5.29.5 Where a shop drawing or sample is required affecting the safety or protection of persons or the by the Specifications. any related Work performed prior work or property at the site thereto, the Contractor. to the Director of Public Works's review and approval of without special instructions from the Director of the pertinent submission will be at the sole expense and Public Works or the City, is obligated to act to responsibility of the Contractor. prevent threatened damage_ injury. or loss. The R\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT I S (Gen.&Spec. Provisions) • • 201.5.30 CONSTRUCTION STAKING: The 201.5.36 FURNISHING AND APPLYING WATER: Contractor shall be required to provide any and all The Contractor shall make provisions for water necessary necessary construction survey staking required to for construction. backfill consolidation. and cleanup. construct the project_ Full compensation for Furnishing and applying tvater shall be considered as performing any needed construction survey staking included in the bid price paid for the various contract not otherwise provided for. shall be considered as items of work requiring such water and no additional included in the prices paid for the various contract compensation will be made therefore. items of work and no additional compensation will be allowed therefor. 201.5.37 CLEAN-UP-During all phases of construction. the Contractor shall maintain a clean work site: the 201.5.31 SURVEY MONUMENTATION: The Contractor shall be responsible for the removal and Contractor shall re-establish centerline ties and disposal of all concrete. asphalt. tree roots. and any other survey monumentation. if necessary. Full debris resulting from the work performed. Full compensation for performing any needed compensation shall be considered as included in the prices construction survey staking not otherwise provided for the various contract items. for. shall be considered as included in the prices paid for the various contract items of work and no 201.5.38 EQUIPMENT REQUIREMENTS The additional compensation will be allowed therefore. Contractor shall provide a lead car with a "Wide Load" warning sign to lead the movement of any equipment 201.5.32 SANITARY CONVENIENCE: Necessary exceeding 7 feet in maximum horizontal dimension over sanitary facilities for the use of workman on the job any street to the location of the scheduled work site. shall be provided and maintained in an approved Equipment will be subject to a fine of $100.00 for each manner by the Contractor_ properly secluded from violation as determined by the Director of Public Works. public observation and in compliance with health Any other violations shall be subject to the vehicle code ordinances and laws. and their use shall be strictly of the State of California. Full compensation for the cost enforced by the Contractor. of furnishing the lead vehicles and adhering to the requirements of this section shall be considered as 201.5.33 PRESERVATION OF PROPERTY: included in the prices for the various contract items of Existing improvements in areas adjoining the work and no additional compensation will be allowed properly whereon demolition and removal is being therefor. performed shall be protected from injury or damage resulting from operations of the Contractor and the 201.5.39 PROTECTION OF WORK AND PUBLIC Contractor shall be responsible for such damage. In The Contractor shall take all necessary measures to like manner any building. structure. tree. shrub. or protect work and prevent accidents during any and all other item designated for preservation on the property phases of the work. The Contractor shall repair all where demolition and removal is being performed damaged parts of the project as a result of vandalism. shall be similarly protected and preserved. including but not limited to vehicle tracts. footprints. writing. If deemed necessary by the City. the Contractor 201.5.34 DUST CONTROL: The Contractor shall shall repair the defective area in accordance with these provide such dust laying equipment and methods as Contract Documents. may be required to protect adjacent property from annoyance or damage from dust caused by his 201.5.40 TESTS AND INSPECTIONS: operations. and failure to control such dust shall be cause for the Director of Public Works to stop the 201.5.40.1 The Contractor shall give the Director of work mail said dust is controlled. and the Contractor Public Works timely notice of readiness of the work for shall have no recourse to collect from the Cit<' for all required inspections. tests. or approvals, but in no any loss of time or expense sustained by him due to event less than 24 hours notice. such suspension of work. 201.5.40.2 If Laws or Regulations of any public body 201.5.35 SURPLUS MATERIALS: The Contractor having jurisdiction other than the City require any Work shall furnish written consent from the owner of the (or part thereof) to specifically be inspected. tested. or property where it is intended to dispose of the surplus approved. the Contractor shall pay all cost in connection material. Any surplus excavation shall become the therewith and shall furnish the Director of Public Works property of the Contractor. the required certificates of inspection, testing. or acceptance. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 16 (Gen.&Spec. Provisions) • • or testing required in the City's or the Director of uncovering shall be at the Contractor's expense unless the Public Works' acceptance of a supplier of materials Contractor has given the Director of Public Works timely or equipment proposed as a substitution or"or equal' notice of the Contractor's intention to perform such test or to be incorporated in the Work. or of materials or to cover the same and the Director of Public Works has equipmem submined for approval prior to the not acted with reasonable promptness in response to such Contractor's purchase thereof for incorporation in the notice. Work. The cost of all inspections. tests. and approvals in addition to the above which are required 201.5.40.6 If any work is covered contrary to the written by the Contract Documents will be paid by the City request of the Director of Public Works, it shall. if (unless otherwise specified). requested by the Director of Public Works', be uncovered for the Director of Public Works' observation and 201.5.40.3 The Director of Public Works will make, replaced at the Contractor's expense. or have made, such inspections and tests as the Director of Public Works deems necessary to sec that 201.5.40.7 If the Director of Public Works considers it the Work is being accomplished in accordance with necessary or advisable that covered work be observed by the requirements of the Contract Documents. Unless the Director of Public Works or inspected or tested by otherwise specified in the Special Provisions, the cost others, the Contractor. at the Director of Public Works' of such inspection and testing will be borne by the request. shall uncover, expose or otherwise make City. In the event such inspections or tests reveal available for observation, inspection, or testing. as the non-compliance with the requirements of the Director of Public Works may require. that portion of the Contract Documents. the Contractor shall bear the Work in question and shall fitrnish all necessary labor. cost of corrective measures deemed necessary by the material. and equipment. If it is found that such work is Director of Public Works, as well as the cost of defective, the Contractor shall bear all direct. indirect, and subsequent re-inspection and retesting. Neither consequential costs of such uncovering. exposure. observations by the Director of Public Works nor satisfactory reconstruction, including but not limited to inspections. tests. or approvals by others shall relieve fees and charges of Director of Public Works. architects. the Contractor from the Contractor's obligation to attorneys. and other professionals. However, if such work perform the Work in accordance with the Contract is not found to be defective. the Contractor shall be Documents. allowed an increase in the Contract Price for such uncovering, exposure. observation. inspection, testing. 201.5.40.4 All inspections, tests, or approvals other and reconstruction: and. if the parties are unable to agree than those required by Laws or Regulations of any as to the amount or extent thereof, the Contractor may public body having jurisdiction shall be performed by make a claim as provided in these Contract Documents. organizations acceptable to the Director of Public Works. 201.5.40.8 The Contractor shall permit on-site video taping. still photography. or motion picture photography 201.5.40.5 If any Work (including the work of of the construction project. The Contractor shall give others) that is to be inspected, tested. or approved is notice to all employees and subcontractors of such video covered without written concurrence of the Director taping and/or photography to be out of view of the of Public Works, it shall if requested by the Director camera_ if requested to do so. during video taping and or of Public Works. be uncovered for observation. Such photographing of the construction project. R1specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 17 (Gen.&Spec. Provisioms) • • SPECIAL PROVISIONS 202 SPECIFIC PROJECT PROVISIONS AGENCY PROJECT: SEAL BEACH BOULEVARD SEWER FORCE MAIN RECONSTRUCTION PROJECT Board-City CounciC City of Seal Beach 202.1 THE REQUIREMENTS: All work herein shall be accomplished in accordance with the Engineer - The Director of Public Works, acting either applicable portions of the "Standard Specifications directly or through the properly authorized agents. such for Public Works Construction." the 1997 edition, agents acting within the scope of the particular duties herein referred to as "Standard Specifications. except entrusted to them. as modified by these Special Provisions and the Notice to Contractors -Notice Inviting Sealed Bids Project Plans. 202.3 PROJECT PLANS: The location of the work. its In addition to the above. the Contractor shall comply general nature. extent. form and detail of the various with the requirements of the following "contract features arc listed as a part of these specifications. docments": 202.4 SCOPE OF WORK: The Contractor shall furnish Notice Inviting Sealed Bids all necessary materials. labor. equipment and other Instructions to Bidders incidental and appurtenant work necessary for the proper Proposal and Bid Sheet construction of this project, including but not limited to Contractor's Industrial Safety Record the construction of sidewalk. parkway. curb. driveway Non-Collusion Affidavit apron. and handicap access ramps. in accordance with these contract documents. List of Sub Contractors Bid Security Forams 202.5 PROJECT DESCRIPTION: The Seal Beach Addenda to Contract Documents distributed prior to Boulevard Sewer Force Main was constructed in 1972 the bid opening and consists of 9700 LF of 16-inch ductile steel force main and 1(10(1 LF of 24-inch diameter VCP gravity' Insurance Requirements for the City sewer. The pipeline conveys flows from the City's Pump Workers Compensation Certification and Certificate Station No 35. Adolfo Lopez Pump Station and Boeing of Insurance Pump Station to OCSD's Seal Beach Pump station for Warranty Bond (as applicable) delivery into the OCSD collection system for treatment Plans and disposal. Standard Drawings The I 6-inch force main profile undulates with the grade Applicable permits, notices and affidavits of the road and has several high and low points. Applicable addenda or supplemental agreements However. at Catalina Avenue (Pipeline Station 39+011). General Provisions and Special Provisions the line has a downward slope for most of its remaining length. At Pipeline Station 90+00. the line crosses under Bid Bond a box culvert via a siphon and transitions to a 24-inch Information Required of Bidders gravity line. which eventually terminates at the OCSD Agreement Seal Beach Pump Station. In 1998. the city replaced a Faithful Performance Bond portion of the 16-inch force main. which had failed during construction of a street improvement project. The pipe Payment (Labor and Material)Bond was found to be significantly corroded from the inside. Contract Subsequent inspection of the manholes on the 24-inch Statement Acknowledging Penal and Civil Penalties VCP gravity sewers revealed that these facilities were also badly deteriorated. 202.2 DEFINITION OF TERMS: Wherever in the "Standard Specifications" tenns are used. they shall This project is the second phase of a two-phase program be understood to mean and refer to the following: to replace the 16-inch force main from Catalina Street with a 24-inch gravity sewer. and to repair the manholes Agency K Owner-City of Seal Beach on the existing 24-inch gravity sewer (Phase 1. complete R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 18 (Gen.&Spec. Provisions) • • in March 2000). The work includes the construction assume no responsibility whatsoever for the sufficiency or of 5171 L.F. of 24-inch VCP gravity sewer, nine 5- accuracy of the investigation. feet and twelve 4-feet diameter PVC lined manholes. construction of a siphon wider an existing box Dewatering may be required for the proposed work. It culvert, connection of the Adolfo Lopez and Boeing will be the Contractor's responsibility to obtain an Pump Station force mains, sewer cleaning_ video NPDES permit from the Regional Water Quality Control taping. dewatering. traffic control and pavement Board prior to commencing work. Costs associated with replacement. The work also involves the obtaining the permit and all requirements contained in the construction of 350 L.F. of a 16-inch PVC temporary permit shall be considered incidental work to die contract. bypass pipeline at the downstream end of the project, and no additional compensation will be allowed. near the Boeing force main connection. The siphon 202.5.4 CLEANING AND VIDEO INSPECTION OF and approximately 1694 feet of the 24-inch VCP EXISTING SEWER: After completion of the manhole sewer shall be reinforced concrete encased. work, the Contractor shall thoroughly clean die new 202.5.1 FACILITIES CONTRIBUTING FLOW sewer and provide a video inspection of the line. TO THE EXISTING FORCE MAIN: Pump Cleaning and video inspection shall conform with Section Station No. 35 is located in the southeast corner of 203.14 of the Special Provisions. Old town at Electric Avenue and Seal Beach 202.6 CONTRACT TIME: The Contractor shall Boulevard. It is a large wet well/dry well station. complete the work within 70 working days from the date which receives all of the flow generated in the Old Town. Aquatic Park. Marina Hill and Bridgeport will specified within die Notice of Proceed.Notice Working Days will be counted from the date of[he Notice to Proceed. Communities. The facility incorporates three (3) dry well pumps rated at 2600 gpm. Average flow into 202.7 LIQUIDATED DAMAGES: The amount of the station is 810 gpm. Peak flow is estimated at liquidated damages for this project is 5250 per calendar 28(1(1 gpm. Low flows to the station occur between day. Refer to Section 201.3.6 for further information. 12:00 a.m. and 6:00 a.m. and average about 325 gpm. 202.8 NOTICE TO PROCEED: Upon award of this The Adolfo Lopez Pumping Station is a small contract and signing the contract documents, the City will submersible facility located at the end of Adolfo issue the Contractor a Notice to Proceed. Contract time Lopez Drive. across die street from the City's accrues from the date specified in the Notice to Proceed maintenance yard. The station services those but the Contractor must commence within 15 calendar buildings located on Adolfo Lopez Drive. Average days of the date specified in the Notice to Proceed. flow to the station is approximately 10 gpm. Peak flows are estimated at 40 gpm. The station The Agency will not authorize any work to be done under incorporates two (2) submersible pumps. each rated these Specifications before the Contract has been filly at 100 gpm. executed:. and any work that is done by the Contractor in advance of such time shall be considered as being done at The Boeing Pump Station is a wet well / dry well his own risk and responsibility_ and as a consequence will facility situated on the northeast corner of die Boeing be subject to rejection by not having been done in the Corporation property. It services the entire Boeing presence of an Engineer or Inspector as provided in facility as well as the commercial lots located at the Section 2-10 of the Standard Specifications. southwest corner of Seal Beach Boulevard and Westminster Boulevard. The facility incorporates In the event that the Director of Public Works determines three (3) dry well pumps rated at 1060 gpm each. that the work is being inadequately or improperly Currently. average flow into the pump station is 32 executed in any respect, he/she may demand that the gpm. Peak in flow to the station is estimated at 96 Contractor improve or change the execution of the work gpm. in such 'limier as to assure proper and timely completion. 202.5.3 SOIL REPORT AND DEWATERING: All work which is defective in its construction or deficient The City has completed a soils investigation for a in any of the requirements of these Special Provisions future project at the Boeing Pump Station site. This shall be remedied, or removed and replaced by the report is available for review at the City. This Contractor in a manner acceptable to the Agency and no document is for reference and is provided for the compensation will be allowed for such correction. convenience of the Contractor. It is expressly understood and agreed that the fit of Seal Beach. Upon failure on the part of the Contractor to comply the consulting engineer. and their subconsultants forthwith with any order of the Director of Public Works makes tinder the provisions of these contract documents. R Aspens\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 19 (Gen.&Spec.Provisions) • • the Director of Public Works shall have authority to of property adjacent to the construction site at least 48 cause defective work to be removed and replaced and hours prior to the beginning of construction in their deduct the costs thereof from any monies due or to respective areas. The notification shall include the date become due to the Contractor. and time of street closures, parking and traffic access information and requirements. altered postal delivery 202.9 UTILITIES: It is anticipated that these times, and precautionary information regarding the work. existing utilities will not interfere with the Contractor's construction operations. However, it At least 4 Calendar Days in advance of street closures. all shall be the responsibility of the Contractor to emergency services, public transportation services_ determine the true location of any existing utilities garbage collections services, and school bus services shall and exercise due care to ensure that these utility be notified by the Contractor in writing of the locations_ facilities are not damaged during his operations. The time and date of the closure. In case of schedule changes. Contractor shall contact the affected utility the emergency services. etc., shall be notified by companies for information regarding identification, telephone at least 2 days in advance of the street closure. location_and depth of underground utilities. Seal Beach Police Department: (562)431-2541 Engineering and Inspection: City of Seal Beach. Orange County Fire District: (714)538-3501 211 8th Street. Seal Beach CA 90740 (562)431-2527 OCTA: (714) 560-6282- Sanitary Sewers: City of Seal Beach. 2I 18't' Street. Briggeman: (562) 598-8729 Seal Beach CA 90740 (562)431-2527 City of Seal Beach: (562)431-2527 City of Long Beach. 1601 San Francisco Avenue. Los Alamitos School District (562) 799-471)0 Long Beach CA 90813 Traffic Signals City of Seal Beach. 211 gth Street, 202.11 CONFERENCE: The Contractor shall arrange a Seal Beach CA 90740(562) 431-2527 pre-constntction meeting with the Director of Public Water: City of Seal Beach. 211 8n1 Street. Seal Beach Works which shall be held a minimum of (5) five CA 90740 (562)431-2527 Calendar Days prior to commencement of any work. No Electrical Services: Southern California Edison. meeting will be held wiles tae Contractor has already 7333 Bolsa Avenue. Westminster CA 92646. (714) submitted the construction schedule. The Contractor shall have his equipment available for inspection by the 835-3833 Director of Public Works at the time of the pre- Telephone Service: General Telephone Company. construction meeting. At the pre-construction conference. 1778 East 20th Street. Long Beach CA 90806. (3 In) the Contractor shall submit. including but not limited to. 437-0111 the following items: Contractor's Emergency Numbers Gas Ser vice:Southern California Gas Company. P.O. For After Work Hours. Designation of Superintendent. Box 3334, Anaheim CA 92803.(714)538-0211 Notice to Residents. Initial Traffic Control Plans and Trash Sen-ice: Briggeman - bypass pumping system. P.O. Box 3237. Los Alamitos CA 90720. (562) 598- 202.12 PUBLIC CONVENIENCE AND SAFETY: 8729 Cable Service: Comcast Cablevision. 13922 Seal 202.12.1 Attention is directed to Section 7-1() of the Beach Blyd., Unit A. Seal Beach CA 90740. (562) Standard Specifications and the Manual of Warning 493-5841 Signs, Lights and Devices for Use in Performing Work Upon Highways, published by the California Department State Highway Facilities: CALTRANS. 501 of Transportation. Pullman Street. Santa Anna CA 92705. (714) 724- 2607 Full compensation for conforming to the requirements of Sewer Transmission Mains: Orange County Section 7-10 of the Standard Specifications. the above Sanitation District. PO BOX 8127. Fountain Valley referenced Caltrans Manual and these Special Provisions CA 92728. (714) 962-2411 not otherwise provided for. shall be considered as included in the prices paid for the various contract items Selected Storm Drain Facilities: County of Orange, of work and no additional compensation will be allowed EMA. 300 N Flower. Santa Ana CA 92705. (714) therefor. 834-2300 202.12.2 Wanting and Protection Devices: The Contractor 202.10 NOTIFICATION: The Contractor shall give will be responsible for providing. placing and maintaining written and reasonable notice to occupants or owners approved signs. barricades. pedestals. flashers. R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 20 (Gen.&Spec. Premiums) • • delineators fences, barriers and Flagmen where Contractor shall contact the City Planning Department to needed, and other necessary facilities in the vicinity determine if the site may be used as a stockpile area is of the construction area and where any dangerous allowable. After the project is complete. the Contractor conditions may be encountered as a result thereof for shall supply a written release signed by the owner of the protection of the motoring public. The Contractor record that said property has been satisfactorily restored will not be allowed to proceed with the work until in order to provide assurance to the City that no later such time that a sufficient number of these protection property owner claims will be filed by residents whose devices have been delivered to the project site. Where property has allegedly been damaged by the Contractor parked vehicles are likely to interfere with the and not repaired to their satisfaction. The City will proposed work,the Contractor will supply and post at provide the Contractor with a sample release form_ no less than 200' intervals on each side of the street "Temporan No Parking" signs 24 hours before the 202.14 ACCESS TO DRIVEWAYS: The Contractor start of construction and to report the time of posting shall notify in writing residents of property adjoining the to the Police Department for the purpose of location of the work at least 48 hours before the Stan of establishing "Tray Away" provisions. The Contractor construction on that street. The Contractor is responsible shall be responsible for the removal of the temporary for posting "temporary no-parking" signs at least 48 hours signs upon the completion of the work. before using the parking lane for construction purposes. In the case of work requiring excavation of the roadway Should the Contractor appear neglectful or negligent which may interfere with the use by residents or in furnishing warning and protection devices as businesses of their driveways. suitable provisions shall be outlined above, the Director of Public Works may made by the Contractor at such time as the exigencies of direct attention to the existence of a hazard and the construction may demand a temporary blocking of said necessity of additional or different measures which driveways. Efforts shall be made by the Contractor to shall be furnished and installed by the Contractor at minimize the duration of said blocking and to notify the his own expense, free of any cost to the City. Should residents of this need well in advance. Further_ the the Contractor refuse or fail to act in a timely manner Contractor shall provide access to each residential or to correct a hazardous condition. the Director of commercial establislunent each evening. Public Works shall direct Agency forces to provide the necessary protective and warning devices as 202.15 MATERIALS: The Contractor shall furnish the deemed appropriate by the Director of Public Works. articles, equipment_ materials. or processes specified by name in the drawings and specifications. The cost accnted by the Agency in connection therewith will be deducted from the Contractor's 202.16 SELECTED MATERIALS: Existing materials contract payment. Any action or inaction on the part excavated within the project limits that meet the of the Agency in directing attention to the inadequacy specifications for trench backfill, topsoil. or other selected of warning and protective measures or in providing materials may be used to fulfill all or a portion of the additional protective and warming devices shall not requirements for such materials. No additional relieve the Contractor from responsibility for public compensation will be allowed for excavation, stockpiling. safety or abrogate his obligation to furnish and pay overhaul. or placing selected materials encountered in the for these devices. excavation. 202.13 CONSTRUCTION YARD: It shall be the 202.17 SPRINKLER SYSTEMS - Any sprinkler system Contractor's responsibility to locate any storage sites damaged during the contract shall be repaired by the for materials and equipment needed and such sites Contractor at no additional cost as soon as possible but in either located on public or private property must be no case later than 48 hours of notification. If not approved in advance by the Director of Public completed within said limit the City shall have the Works. If permission is given to use a City site. the authority to complete such work and deduct cost plus Contractor shall repair any damage as a result of his 15% administration thereof from any moneys due or to operations and any repairs will restore the site to new become due to the Contractor. The Contractor shall be and not pre-existing conditions. responsible for any damages including. but no limited to. flooding and death of surrounding landscaping. When storage sites are to be on located upon private property. the Contractor shall submit to the Director 202.18 CONTRACTOR'S DAILY REPORTS: The of Public Works or his authorized representative, Contractor shall complete consecutively numbered daily written approval from the record owner authorizing reports indicating manpower and narrative description of the use of the property by the Contractor. The work performed. serviceable major equipment in use. R.\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 2I (Gen.&Spec. Provisions) • • serviceable major equipment idled, serviceable major work shall be done until the Director of Public Works and equipment down for repairs. sub-contractors working the Contractor have agreed to the schedule to be followed at site, weather conditions. and date. The daily report by the Contractor. shall be completed on forms prepared by the Contractor and acceptable to the Public Works During the conference between the Contractor and the Department. and shall be submitted at the conclusion Director of Public Works. the work schedule will be of each work day. The forms will be discussed at the discussed and modified, if necessan'. by mutual pre-construction conference. The City will provide a agreement. Should it become necessan for the City to sample format for the daily report at the pre- delay temporarily the work schedule agreed upon during construction conference. The Contractor shall the scheduling conference. even effort will be made to distribute copies to the Construction Observers and permit a new work schedule at the time most convenient the Director of Public Works or his authorized to the Contractor. thus permitting the project to proceed representative at either the conclusion of each work with the shortest intramural movement of the equipment. day or prior to the start of work the next day. No progress payments will be processed or made to the The Contractor shall submit requests for changes in the Contractor unless all daily reports are completed to schedule in writing to the Director of Public Works for the date of submittal of application for payment. approval. 202.19 SCHEDULE: Within 5 calendar days of The cost for furnishing the schedule and any related item notification of award of the Contract. the Contractor for its completion shall be considered as included in the shall prepare and submit for approval a schedule for bid price paid for the various contract items of work and accomplishing the work. no additional compensation will be made therefore. Said schedule must show the dates of the expected 202.20 PUBLIC CONVENIENCE AND TRAFFIC start and completion of all the various items of the CONTROL: Contract work. The schedule shall also list all necessary preparatory work. vegetation removal. and The Contractor shall be responsible for furnishing. street cleating.The schedule shall be in the form of a posting and removing appropriate signage along all routes Gant/Bar Chart mid a Critical Path Method schedule affected by the work. Signs shall be posted at all and both shall be in sufficient detail to show the intersections. at end of cul-de-sac streets.and on each side chronological relationship of all activities of the of the street a maximum of 200 feet between signs. Signs project including. but not limited to. estimated may be attached to existing poles. parkway trees, or starting and completion dates of various activities. whatever is existing in the public right-of-way except scheduling of equipment. procurement of materials. street lights. When necessan. the Contractor shall furnish The construction schedule shall reflect completion of posts. all work under the Contract within the specified time and in accordance with the contract documents. The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in The Director of Public Works must approve in the vicinity of the projects as specified in Subsection 7- advance any other work scheduled during the hours 10. Public Convenience and Safety. or as directed bw the of school operation. Director of Public Works. The Contractor shall examine the City's trash On all streets, traffic maintenance shall conform to the schedule which is available for review at the provisions in Section 7-10 "Public Convenience and Department of Public Works and contact the trash Safety" and the following requirements: company. The Contractor shall not schedule work on any trash pickup day. unless trash collection is Complete traffic control plans shall be submitted by the rescheduled as approved by the Director of Public Contractor for review and approval by the City. A no-fee Works. permit will be issued by the Cite for the work to be completed. The Contractor shall also contact the affected school mid or businesses and make even: effort to lessen the • No street shall be closed to traffic before 7:00 a.m. or impact of its construction operations upon them. after 1:011 P.M. Said schedule mid maps shall be subject to the review and approval of the Director of Public Works. No R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 22 (Gen.&Spec. Provisioms) • • • No work shall begin before 9:00 A.M. and must 202.23 TESTING LABORATORIES: All required conclude prior to 3:00 P.M. unless otherwise materials testing will be arranged for by the City. The cost approved by the Director of Public Works. of materials testing shall be borne by the City. The cost for any retesting as a result of the Contractor's failure to • Night work shall not begin prior to 12:00 A.M. meet the requirements of these specifications shall be and shall conclude before 6:00 A.M. charged to the Contractor and withheld from final • .A minimum of one through lane of traffic shall payment be maintained in each direction throughout the course of construction. 202.24 MISC. WALLS AND OTHER FEATURES: The Contractor shall be responsible for preserving and/or • Emergency vehicles shall be permitted to pass replacement in kind features of private and City property through the work area without delay at all times. for any work of this contract. All street closures. flagging arrangements. detours 202.25 TEMPORARY DRAINAGE MEASURES: The and traffic signing. including special signs. must be Contractor shall provide temporary drainage measures approved by the Director of Public Works at least 10 and erosion control for the duration of construction. The working days prior to such closures. Public City may require that the Contractor's plans for the notification signs shall be approved by the Director temporary drainage measures and erosion control be of Public Works and installed at that time. reviewed by a licensed civil engineer and also take into consideration any necessary mitigation measures for At the end of the day's work and when construction inclement weather and seasonal changes. Plans for operations are suspended. the Contractor shall temporan. drainage measures shall be submitted to the remove all obstructions from the roadway. Director of Public Works for approval at the pre- Construction equipment may only be temporarily construction conference. Full compensation for meeting stored on the roadway provided permission from the any of the requirements of this section and construction of City has been obtained and shall be removed when any needed temporar' drainage measures shall be directed by the City. considered as included in the prices for the various contract items of work and no additional compensation 202.21 SIGNS: The Contractor shall replace or will be allowed therefor. reinstall any existing sign that may interfere with the Contractor's operation or prosecution of the work in 2112.26 MOBILIZATION: Mobilization shall include the accordance with these contract documents. Full obtaining of all bonds. insurance. permits, moving onto compensation for any removal. reinstallation_ or total the site of all equipment: all as required for the proper replacement of signs shall be included in the various performvtce and completion of the Work. Mobilization items of work and no additional compensation will be shall include but not be limited to the following items: allowed. 1. Obtaining and paying for all required bonds. 202.22 COMPACTION TESTS: The Contractor insurance.and permits. shall perform compaction tests at periodic intervals to 2, Moving on to the site of all Contractor's plant ascertain conformance with the specifications. The and equipment required for the first week's operation. number of tests and their locations and depths will be as determined by the Engineer. The Contractor shall. 3. Submittal of detailed Preliminary Construction as directed by the Engineer. nrke all excavations. Schedule. and subsequent backliill and compaction_ required to 4 Submittal of Initial Construction Schedule. perform the compaction tests. Subgrade and base embodying all corrections required by the Director of material for street construction shall be compacted to Public Works. No payment for mobilization can be made a relative compaction of 95%. until the schedule has been approved in writing by the Director of Public Works. Any soil compaction and certifications shall be certified by a Geotechnical Engineer and the 5. Arranging for and/or the erection of Contractor's Contractor shall provide and pay for the testing. The work and storage yard. soil testing company that the Contractor proposes for 6 Submittal and City approval of any required the work shall be subject to the approval of the Contractor notices. door hangers. forms etc. Director of Public Works prior to any testing. A fixed amount has been included in the bid schedule for mobilization. R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 23 (Gen.&Spec.Provisions) Payment for Mobilization will be made in the form of the following items: Contractors Emergency Numbers a single. lump-sum. non-proratable payment. no part and contract persons For After Work Hours. Designation of which will be approved for payment wider the of the Contractors Superintendent and Project Manager. Contract until all mobilization items listed herein Notice to Residents. Initial Traffic Control Plans. the have been completed as specified. Contractor's phone number for resident complaints. 202.29 ILLICIT DISCHARGES INTO THE 203.2 SURPLUS MATERIALS: The Contractor shall STORM DRAINS: The Contractor shall not allow furnish written consent from the owner of the property any pollutants or non-stormwater nm-off from its where it is intended to dispose of the surplus material. operation to enter the storm drain. Surplus excavation shall become the property of the Contractor. 202.28 DEWATERING: Groundwater may be encountered during the excavation of the work. A 203.3 FURNISHING AND APPLYING WATER: The soils investigation by the City at the Boeing Pump Contractor shall make provisions for water necessary for Station site is available and may be reviewed at City construction, backfill consolidation, and cleanup. Hall. The dewatering system must be designed and Furnishing and applying water shall be considered as implemented in such a manner as to remove the water included in the bid price paid for the various contract without loss of soil: and must comply with the items of work requiring such water and no additional requirements of the California Regional Water compensation will be made therefore. Control Board. The design of the dewatering system shall be performed by an Engineer knowledgeable 203.4 MEASUREMENT AND PAYMENT: The Cost and experienced with such soil and groundwater of all work as described in these contract documents shall conditions. The design shall also evaluate the need be included in contract unit prices bid for the various of a groundwater recharge system beyond the items of work requiring such work. and no additional excavation to reduce the influence of the dewatering compensation will be allowed. on the surrounding soils. Dewatering plans shall be submitted by the Contractor to the City of Seal 203.5 CONTRACTOR'S PROJECT MANAGER: The Beach for review and approval prior to construction. Contractor shall designate in writing and keep available The Contractor will be required to apply for and during its process a competent. technically qualified obtain a NPDES Permit from the California Regional project manager. who shall not be replaced without Water Quality Control Board. The Contractor shall written notice to the Director of Public Works except be responsible for all fees associated with securing under extraordinary circumstances. The Contractor's this permit. and all costs associated with complying project manager shall be responsible for overall with its requirements. administration and coordination of the work. including but not limited to processing of schedules. discussion of SPECIAL PROVISIONS change orders and extra work and coordination and distribution of the Daily Reports. The Director of Public 203 SPECIFIC PROJECT PROVISIONS Works shall have the right. at any time. to direct a change in the Contractor's project manager. if the performance is 203.1 CONFERENCE: The Contractor shall arrange unsatisfactory. as determined by the Director of Public a pre-construction meeting with the Director of Works. in its sole discretion. Public Works which shall be held a minimum of five working days prior to commencement of any work. The Contractor's Superintendent shall have a working At the meeting. the City will designate its project cell phone with adequate range for City wide manager/administrator as its authorized project communication on him/her at all times during the course representative. The designated Contractor's of the project. Superintendent. Contractor's Project Manager. Contractor's Traffic Engineer and representatives 203.6 REQUEST FOR WORKING DAYS: The from each of the subcontractors shall attend the Contractor shall notify the Director of Public Works meeting. No meeting will be held unless the separately in writing within 7 calendar days after the Contractor has already submitted a draft of the occurrence of a delay. when the Contractor believes that it construction schedule. The Contractor shall have his is entitled to an additional working day for any day the equipment available for inspection by the Director of Contractor is prevented from working at the beginning of Public Works at the time of the pre-construction the workday. for cause defined in Section 6-6.1 of the meeting. At the pre-construction conference. the Standard Specifications. or any day the Contractor is Contractor shall submit. including but not limited to. prevented from working doing the first 5 hours with at R\specs 1CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 2-t (Gen.&Spec. Provisions) • • least 60 percent of the normal work force for cause as Type C joints (Mortar Sealed Rubber Sleeve Couplings defined in Section 6-6.1 of the Standard for Plain End Clay Pipe). Each coupling shall consist of a Specifications. The Contractor's failure to give circular rubber sleeve and two stainless steel compressing written notice in the time period specified above shall bands. Type C Joints shall conform to the requirements constitute a waiver of all claims for an additional of the Orange County Sanitation District Standard work day. whether direct or consequential in nature Specifications Section 5 Item 5.2d. and that day will be counted as a working day. Upon receipt of the Contractor's written request. the Type G Joints shall conform to all of the requirements of Director of Public Works will then make a Standard Specifications Section 208-2.3. determination of whether the day or days the Contractor is requesting shall be counted as working 203.9.3 INSTALLATION AND TESTING: Sewer days. installation and testing shall comply with Section 306 of the standard specifications for public works construction. 203.7 CONTRACTOR'S REQUEST FOR FINAL INSPECTION: When the Contractor believes all the 203.10 PVC PIPE AND FITTINGS: Pipe shall be contract work is complete in all parts and Class 200 conforming to AWWA C-900. Fittings shall be requirements. the Contractor shall notify the Director ductile iron push-on type conforming to AWWA C110. of Public Works in writing through a certificate of Thrusts blocks shall be provided for all changes in completion form. This form will be provided to the horizontal or vertical direction. Installation shall conform Contractor at the pre-construction conference. to the Contract Drawings and Section 306-I of the Standard Specifications. 203.8 SHOP DRAWINGS: Shop drawings shall be submitted for review and approval by the City in 203.11 JACKED STEEL CASING: Steel casings accordance with Section 201.5.29. A total of seven shall be in accordance with SSPWC Section 306-2.3. The (7) copies shall be submitted. At a mininumt the casing shall be the diameter indicated on the drawing and following shop drawings shall be provided: furnished with welded joint ends and pressure grout 1. Concrete Mix Design couplings as indicated on the standard drawings. 2. T-Lock Lined Manholes Immediately after completion of the boring and jacking operations. the Contractor shall inject grout through the 3. Manhole Frames and Covers grout connections in such a manner ner as to completely fill d. Dewwatering System all voids outside the casing pipe resulting from the 5. Clay Pipe and Couplings jacking operations. Grout pressure shall be controlled so as to avoid deformation of the steel casing and avoid 6. PVC Pipe and Fittings movement of the surrounding ground. After completion 203.9 VITRIFIED CLAY PIPE of the grouting operations. the Contractor shall close the grout connections with galvanzied steel threaded plugs. 203.9.1 MATERIALS: All vitrified clay pipe and The carrier pipe shall be installed in accordance with fittings shall be of one class designated extra OCSD Standard Drawing 5-03(1. Air testing of the carder strength_of the best quality. vitrified, homogenous in pipe shall be completed prior to filling the casing with structure. thoroughly burned throughout their entire grout. thickness. impervious to moisture, sound and free from cracks. checks. blisters. broken extremities or 203.12 INSTALLATION OF GROUT FOR other imperfections and must give a metallic ring ABANDONMENT OF EXISTING PIPELINES: The when struck with a hammer. Pipe shall be bell and materials shall be mixed in equipment of sufficient size spigot pipe or other approved joining method miles and capacity to provide the desired amount of grout otherwise specified. The pipe shall meet or exceed material for each stage in a single operation. The all requirements of ASTM C-700 and Section 207-8 equipment shall be capable of mixing the grout at of the Standard Specifications densities required for the approved procedure and shall 203.9.2 JOINTS: All vitrified clay pipe and fittings also be capable of changing density as dictated by field shall be furnished with bell and spigot Type G conditions arty time during the grouting operation. compression joint or where plain end pipe is to be The gauged pumping pressure shall not exceed the pipes used Type C joint. pressure rating. Pumping equipment shall be of a size sufficient to inject grout at a velocity and pressure relative to the size of the pipe. Gauges to monitor grout pressure R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 25 (Gen.&Spec. Provisions) • • shall be attached immediately adjacent to each otherwise finished so that it will 6t in its frame without injection port. The gauge shall conform to an rocking. Frames and covers shall be match-marked in accuracy of no more than one-half percent error over sets before shipping to site. the fill range of the gauge. The range of the gauge shall not be more than 100% greater than the design 203.13.3 PORTLAND CEMENT: All Portland cement grout pressure. Pressure gauges shall be instrument concrete shall conform to the requirements of ASTM oil filled and attahed to a saddle-type diaphragm seal specification C-150 and shall be Type V. (gauge saver) to prevent clogging with grout. All gauges shall be certified and calibrated in accord with Class of Concrete A B C D ANSI B40. Grade 2A. Compressive strength at 28 days (psi) 3500 3250 2500 4500 Density shall be verified by ASTM C 138 or by other methods as approved by the City. Viscosities shall Cement Factor-Mininuun be checked with a flowcone provided by the (Sacks/cu.yd.) 6.0 5.5 3.5 7.0 Contractor and tested per ASTM C939. Water Cement Ratio- Max. (gallons/sacks) 6.0 6.5 7.0 5.6 The Contractor may be required to perform an above ground test on each type of grout and grout system No admixtures may be used without written consent of proposed to be used. The test section to be grouted the Engineer. and the size of the anular space considered for each type of grout system shall be determined by the 203.13.4 NON-SKID SURFACE: Surface of Contractor and approved by Seal Beach. liner shown on the plans to be non-skid shall be treated as follows: 2(13.13 PRECAST CONCRETE MANHOLES: 1. Surface Cleaning and Adhesive Application: 2(13.13.1 GENERAL: All precast manhole shafting. After corner and welding strips have been installed. the cones and flat tops shall be free from cracks. chips. surface of the liner shall be cleaned. dried, and sprayed surface imperfections and shall be capable of with an adhesive coating recommended by the producing a watertight unit. Manhole shafting shall manufacturer of the liner. not be installed with steps. Precast manholes shall conform to size. shape. form. and details shown on 2 Sand Application: The surface shall be liberally the Drawings. Concrete for precast units shall be sprinkled with clean. dry, well-graded sand which will Class 'D" concrete. The precast shafting and cones pass a No. 30 sieve but be retained on a No 70 sieve_ shall meet the strength requirements for -Precast Reinforced Concrete Manhole Risers and Tops" 3. Clean-Up: After the sanded surface has ASTM C478. Design and manufacturer shall be thoroughly dried. all excess sand shall be brushed away based on H-20 loading. All manholes shall be lined and a seal coat applied to Bond the sand to the liner. The with P.V.C. cast in place liner. Liner materials and seal coat shall be compatible with the plastic lineR. The installation shall be in accordance with the notes and coated sand surface shall be allowed to dry thoroughly • details shown on the Contract Drawings OCSD before walking thereon is permitted. standard drawing S-050 and Sections 210-2 and 311- 1.2 of the Standard Specifications. 20313.5 TESTING: Manholes shall be watertight. All leaks shall be repaired as determined by the Engineer. 203.13.2 FRAME AND COVER: Manhole frame Testing may be required by the Inspector if. in the and cover sets shall have an inner pan and shall be of inspector's opinion. the manhole watertightness is in the types and size indicated on the Plans. Frame and question. covers shall be Model No. A-1074 or A-1071 by Alhambra Foundry Company or approved equal. and The manhole. if tested. shall be filled with water to an shall have the words "Seal Beach Sewer" cast on the elevation one foot below the start of the cone section. but cover. All casting shall comply with ASTM. A48 to a maximum depth of 20 feet. The water shall stand in Class 35 B cast iron. Castings for frame and cover the manhole for a minimum of one hour to allow the sets shall be designed for H-20 loadings. Before concrete to reach maximum absorption. After one hour. leaving the foundry. all castings shall be thoroughly the Contractor shall refill the manhole to the original cleaned and subjected to a hammer inspection. after depth and the drop in water surface shall be recorded after which they shall be painted with a commercial a period of two minutes for each foot of water depth. The quality asphalt paint. Each cover shall be ground or maximum allowable drop in water surface for the period R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 26 (Gen.Sc Spec.Provisions) • • of testing shall be % inches for each 15 minutes of testing. Repairs shall be made as directed by the 203.16 ANTICH'ATED START DATES: In order to engineer whenever leakage exceeds the limits as accomplish the work the following dates are anticipated: indicated above. BID OPENING: 203.14 TRENCH EXCAVATIONS, BACKFILL, AWARD DATE: AND PAVEMENT RESURFACING: Trench PRE-CON: Excavations and Pavement Resurfacing shall CONSTRUCTION START DATE: conform to the Contract Drawings and Section 306-1 of the Standard Specifications. Slum backlit! shall 203.17 CONTRACTOR'S EMERGENCY be required as shown on the Drawings and shall NUMBERS: The Contractor shall keep the names and conform to Section 201-6 of the Standard telephone numbers of the responsible persons in the Specifications. employ of the Contractor who may be contacted at nights and on weekends by the City when problems related to 203.15 SEWER CLEANING: After completion of the construction occur. and such designated persons shall work. the Contractor shall thoroughly clean the entire have full authority to act as the agent of the Contractor length of new sewer. Cleaning shall be conducted and make any decisions that may be demanded by the utilizing mechanically powered equipment conforming situation. to Section 500-1.1.4 of the Standard Specifications. After cleaning. the Contractor shall provide closed 203.18 OUTSIDE WORK: The Contractor shall circuit television inspection of the sewer for review by perform no outside or private work utilizing materials the City. Closed circuit television inspection shall be from the City's Contract. conducted in accordance with Section 500-1.1.5 of the - Standard Specifications. R\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT 27 (lien.&Spec. Provisions) • • APPENDIX R.1specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT (Gen &Spee. Pro'.) S INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS CITY OF SEAL BEACH By an Individual. The individual must sign the instrument. and if he is doing business under a fictitious name. the fictitious name must be set forth. By a Partnership or Joint Venture. The legal name of the partnership or joint venture must be set forth followed by the signatures of all of the partners or joint venturers, or signature(s) of fewer than all of the partners or joint venturers if submitted with evidence of authority to act on behalf of the partnership or joint venture. By a Corporation. The legal name of the corporation must be set forth, followed by the signatures of the President or Vice President and Secretary or Assistant Secretary and the corporate seal. The signatures must be acknowledged before a Notary Public, using in substance the form of acknowledgment set forth below. By a Surety. The legal name of the surety must be set forth. followed by an authorized signature_ A legally sufficient power of attorney must be attached to any bond to verify the authority of the party signing on behalf of the surety. NOTE: Signatures of partners, joint venturers and corporation officers including the person signing on behalf of a surety_ must be acknowledged before a Notary Public. who must certify that such partners,joint venturers or officers are known to him or her to be such, and, in the case of a corporation. that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. THIS 1S INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On . 1997 before me. the undersigned. a Notary Public in and for the said State and County.personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to rte that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instnunent the person(s).or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature R:\specs\CITY OF SEAL BEACH FORCE MAIN REPLACEMENT (Oen.&Spec. Prov.)