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HomeMy WebLinkAboutUnited State Pipeline Company Incorporated - 1968-08-19 (3) y • r F ' k, shipmunta•, or Jelivotry corresporsding to the sizes and classes Nested ahall be considered as complying with the test. Ift b*uaver, ten percent or more of the specimens tasted fail to meet: the rbquIrkw+ents of the tests or if mare thsu am spe-iaen fails tt, meet the requirements of the test when the ttusaber to be tested is less than ten, than a second seleetlon of pipe 0311 be vmda fogy the teat. The number of speciaur;ts to be tested in 4 the ee•%oad selection of pLpe shall Le five fsr each specimen of Use firet, seIrti,%a that failed to meet th-i requirements. If nine ty prarcaut or more of the specimen-- testel, including t those f irs t tested, me;.t t:ha rcquirematit s of the tc t, all Lho i pipe in the lot, .sUp,nents or delivery corresponding to the Lists 1 t . } and elasses so tested shall be considered as rrrmplying with that I test] or-nerwIse all pipe of these sizes and Classes shall be j re j ec i.ed. i The Director of Public: a,•orks may use such mearn as he W elect elect to assure the dt4ii,ry of the pipe, and that pipe conly, i which t= bean desiguated, marked and pas:4ed the tests herein x specified. jh) Joimtst The contractor sha-A use as fect:ory-redo mechanical wrw r wrrww�r�n compression joint, s.mdge loc. or Wqual. SZVL"ION i. PIPS LINE CGNSMUCTION Ts*ocb Zxcavatlon and Backfili 1. General For the purpose of shoria,f or b:acirag a trench is defined as an awavation in which the depth to greater than the width of the bottom of the axe-ava. tion. t'l= rvatiaaa for appurt*uant stiructurs.s such as but. not 11mit.ed to waubolesi transition structurest junction structurest,vaults, vslvt Wass, c4tch begins, ettrust blc-*ks, and boring pits shalt. .for the purpose of slrorivq,- i wad bracing, be dersed to be in the category of trcach e�x+cafktl.an. Exa*ySt.on shall Laclude the removal of all water and erator3sls of &W i nature t*eicb iaterfere with the cowtructioo gorse. oval of ground water to a iewl bai:-x the structure subSTade will be neceaaary only, when re- qui•,.**d is than plans or sp-)& .. osovisions. ��...,...«--�.... ..�..+...may.r.. ... ....� to .__. ... ... ..�..ti �.+.+. ..-.-. .•..�.ern.w,+iw�. ,.......a.r-...,—....-.......�.......�-....... .. ..,�.� .r.�..� -..�.�..'. ... ..y....,.. .._.......-....... ..� ................,... �,.. +...+ter.-� .....tea•.. y 1 i 4 r Special Provisions Excavation for conduits sha H be by open trench unless othendse specified or shown on the drarwitags. Howev6r, should the coutraCtor elect to tun wl or jack any portion not so spaci.Ued, he shall fixst obtain approval from the Enginaer.. Paym m w for such work will be made as tbovgh the specified methods of construct Lon had been used. Z. MaxL=m length of _open Trench Except by permission of the Engineer, the nw mum length of open trench where prefabricated pipe is used shall be 500 feet or the distance necesw ? vary to ace date the amount ofpipe installed in a single day, which. ever is the greater. The distance is the collective Length at any loci. t t:ion, In,luding open e=avati*n, pipe laying and appurtenant construction and back:ill which hats not been t:emporatirly resurfaced. Ems t permission of the ii ar the maximmLm length of open trench i P �' P �8 i � P i in any one location where concrete structures are cast in place will be: that which is necessary to permit uninterrupted progress. Construction •` shall be pursued as followst e:xcavationt setting of reinforcing steel, j placing of floor slab, walls, and cove. slab or arch. Each shall follow the: other without say one ppe:ration pretcediAg the n"t nearest operation � ' by more than '200 feet. Failure by the contractor to comply with the; limLtztiortv specified herein may result in an order to halt progress of the work until such rims as compliance has been achieved. 3....• si:h£ �� h The txe acxa shltll be. excavated at least sixteen inches greats-& it width s than the -utside diameter of the pipes to be laid and +it least eight Luchas clearance shall ba allowed on each side of the pipe. tinder no couditian, mart stall the trench width at the top of the pipe exceed the outside diameter of the pipe plus twimty-four inches. Sloping or beaching of the sides of the trench above the top e:f the tripe will be permitted +hire it does not incvr the destruction of property andlor Lzprovannt>t. Darfte to any property and/oar LaWrove moats Ne to aloptft r the truae rb shall be reete:t3.fitd try him without any additional e•.es ensatiaeo erer the price bid for the construction of the miev. j A+ccoal tS Trenches Safe and suitable ladders whiab projeeci, 2 feat above the top of the them' shall be provided for all treads ovor 5 feet in depth. Out laddor shall be provided for each 100 feet of open tra=b or frat+ctLan th+szwfi rind be ao I seated that workmen in the treeocb need na L move more than 50 feet to a ladder, r ter. +.....,..... .__ram r.»_.... ... .«.r..«.... „ .�.�-.T �-...- ....�.. . .,......,.r r.. ........+r--�....�..a.. .� ..r.r..s..�.�.�....�r.+.a`a•.�..�..r.w�.�..w._.... ..r...,..w�...�.....,,......ww-....... ..».�...._....,......,..- __— _--��....-.�.. i . ..-.w.... �.Aw4MrRY.11i'ah.a. ......w...-..__......---.-...-....-...a...... ..... ..+........w......-....w.......................:......._..... ...rr«..�........................__ __._. _... 1 sg�ag r1Provisions .y ���I ovi 1 end. 1pe t of Exist gg5urfaOe .RpK nts ftlezing concrete pavement, Curbs, sidriralko or drive myn vowed in cormaction wita construction shall be replaced to neatly seared eedge so Saw cuts shall be a a.iniaum depth of lh inches in courets pavement or driveway and to a m1t5i a depth of I inch in concrets al6m elk. If ■ ' sari cut in av 3tat falls within 3 meet of a construction Joint, cold p � � JOLLt, erxpsnsion joint, or edge, the concrete stall be rcmave d and sspla- ced --o the taint or edge. Concrret-i sidewalk or driveway cry be vearrved so that a sLuLaza 30 inch aquaxe is replace it. If the sate cut in sidewalk or driveway Would fall i w th�Lv W i bes of a construction join, expansion joint, oar edge, the k toncre•im shall be removed and replaced to the joint or tdge. If the saw cut &vtld fall within 12 i.nchea of a snore mark, t.2w concrete shall' be t removed and replaced to tree score. mark. Bit-rsiat,us pavement removed is connection with consftectiot. stall be rew,.Y-oul to clean straight lines. d. Bracita Z=avationzt The manner of bracing e=avatic;ns ihall be as set forth in thw.xules, i orders, and regulations of the Division of Induatrisl Sr,fety of the State s of California, i Should the bracing system uti.Li.we steel H-beams or piles or otter sixdlar vdxtital supports, driving of said vertical supports will not be petmdtt*4 ,=ep t for the last 4 feet. The vertical supports shall be.placeA in ' 6-lea drilled to a minimum depth of 4 feet above the proposed bottom of pile, axcept vhare this procedure is iWracticable. Me vertical support my than be driven to the required depth, oot to excood 4 farts, inuring drilling ease drivit* operations, the contractor shall take care. to eoLd E da tge. to utilities. 7, ! -ill 8rrkfill }bell be considered as starting f foot abmm the pipe or wit, i ox at the top of concrete bedding over the pipe or eoadui t. All material j below this point shall be. considered as bedding. Hacicf i;.;;t or i i,L I11 sa fl.ia case may be, for t as t•isAmplace. s txwturea such as, but wt lbdtad to, =nhole.s, trmoition stractunes, junctioa s tares, -.ants, valve bwoss cad trainforecad cone xete. bosh tva&iter 4wlt start at the subgrrde for the structure. -gam ............. .....5�,...,.. �...w. w...qy..-_.w....��... ..�«rs+r . +'.-R.�.r,.4.�..��...+,..w.�....r..w�....w.w�..�.+rr..W� ... ......�r.r..,.�.....�...�.�...w.�...s+�iw.r. .,�++_ +M' � 1 i g4 illd .MeXUie Rorke greater than 8 inches in any die ion will not to permitted in backfill placed behnnn 1 foot above the top of any pip* or box and 1.2 inches below pavement sub-grade„ After they placing of t%ckfill has base cta rted, the cimtractor shall pram cep as root, as praat:.cable with dmalf Lea tion. Rocks grafter tbw 2k inchera in any dimenrInn will not In patmlttedd in backfill placed within 11 inches of pit subgrada. Where rocks are included in the backfi;i, they shale be mixed with sa t• able excavated materials so as to 614 irate voids. Subject tv the provisions specified herein, the material obtained from project aw.avationi may be used as backfill provided that all organic: 1 material, rubbish, dotris, and other objectionable material are first i removead. However, broken portlaud cement concrete and bituminous type paw obtained from the project e=avations will be permitted in the backfill subject to the see limikations as rocks. Where: it 1r+m►e mes necessary to excavate beyond the limits of noel ewaystion linos in order to remove boulders or other intarferring ob-. ; jests, the voids remaining after the removal of the boulders shall be baclefill,ed as specified herein, or as othe:rviaa approved by the Rpgiamr. ...:ill shall be: 1. Suitable material, as approved by the lbgineer, and dui; fied to the relative ccapac�or specified but In m cana less than. 90%o 8„ _Densi.ficstion Melds (al, ,Wcchanica,l.1Z��ta4c..te�d 8ackfill s 3ackf'ill shall be meehrnically compacted by r ans of tamping rollers, sheepafoot rollers, pneumatic Lire roilerm, vibrating rollers, or ot.IvA r metbanical tappers. All ' such equipma t rhall be of a size sad type approved by the logrUwero Ispectotyps pr:v mart bmreakets (s tampers) will not be permed tted om elalr, asbestos cent, cart iron, or mows-reinforced forcerd concrete pipe* cmissiaa to used specific compaction Lquips t shall mot be comma stTued wa guarantee+ag or iemeplylag that the use of sueh a quipe nt r.:11 not result in damage to adjacast girouW, exiating IM mantAy or U*ratiemecata iostsllod undcet do costw,.% The contractor shill maker his ow detemLoatiou in this turd. age i r .•�.�■.-.�w.�..w..yR,��w.r-..+.rr.�.�..�.r•�...y.�r r. �... ��..,�.w.ti.rr.�1..-.-..�.�+...�..w�wr..rr..��...w.....-nr-.ar.�.+...�.��r+.ww..�.r..•.+... ..r..a, ..-�+.w.�+�..�+..�........�..�........-.�. .ar�....r i T . �peciaX 1�nvisions � 1 Material ror machntical compacted backfill shall be placed in lifts Mich, prior to compaction, shall not seed th►s 4eptho specified below for the varic►us types of equipmenta t 1. Itapact, free-fall, or "stomping" equipment - bra lift depth of 3 feet. 2. Vibratory equipment, :acluding vibratory platen, vibratory smooth--heel ro:Ara, and vibratory pne?vatic-tired rollers maximum lift depth of 2 feet. t 3. ltol.li a� q ui.ptrtetft, iraalu3fuS *heepsEoot (bout vibratory and non-vibratory), grid, tmmoth- heal (not-vibratory), pneumatic-tared (non-vibratory), and segaitated wheels - maxim= lift depth of 1 foot. • 4. Hand directed mtchanic,al tampers a rasximuaa lift depth of 4 inches. ` Mechanically compacted backfill shall lea placed in horizontal layers � of such deptl•.s (trot ameeding those specified above) compatible to i . r the material being placed and the type of equipment being used. Each layer atrall be evenly spread, moistened (or dried, if necessary), and 4 then tamped or rolled until the specified relative compaction has been attained, y. i " 1skitements Main sev,ra will be measured horssomtally along the longitudinal axis too twee► the ends as laid and shall include .1A actual pipe iut place. '. The price per linear f oat for pipe a-ad conduit. inplace shall be consider- ad full compensation fay all Myea, terrea, bemds, monoli.die cawh basin connections, and sped Also sbasa )n the plans; the rarmovsl of iuterferivig portions of existing sowra, srtj= drains, and improvementa; the closing -or removing of abandoned conduit and structures; the exGavat:otts of t-a trench; the control of ground and surfac,s waters; tb* prsparatiom of sub- rode lace and olvi i e backfilli the trmah rwrw3t re- . B # placing .� � p P # �i # Pe surfaciag; and all other Mork (e=ludirg tdWarary resurfacing) necessary to install `Ihs pipe or conduit, complete in place. Payment for str►rttuvee, ouch so ilea, jdsxtiod stsueturee, lase holews, i and catch basins shell be soda at the price bid for each struetune mad shill be full payment for each stxuctnr4 complete in pled, including xrt cavatioa, backfill, constructing inverts' furnishing and installing oast; itga, restoration of the street surface and all other Mork, esarluding terporarrl resurfacing$ necessary to complete the work. -10- • r�r�.ar� 1.�•�•/br-'- .+W+w.MtYMII.+V•N.�.�.�r.- 1 OF ia. 'destine All sewers will be tested by one of the following maths prior to City acceptance. The method of testing will be approved by the itispector and based on the conditions required for the particular test described ` - herein. All inspectors will require trstiLS in strict accordance with these methods for the purpose t standardisation, 1 Ai I.eskaae Duey to lnte%mal Pressures.r.r� anlaae otherwise shown an the � -w r rrir�r 0 drawings$ each section of sower constructed of pipe bwntyefour inches and less in diamater doll be testad be.twear sueceasive manholes by j closing the lower and of the sewer to be tested and the inlet sewer of the upper manhole+. with stoppers (larger diameter pipe with brick 1 ! bulkheads; and filling the pipe and manhole with water to a pol.nt i four feet above the invert of the open sewer in the upper manhole, or if ground water is present, four feet above the average adjarnt ground water level. l The alto-o&ble leakage will be computed by the formula= 1 D: 0.00004 x L x H D - is the allowable drop in feet per minute in beight of thhe ra—t@r in the upper structure; L is the Isugth in feet of the sewer tested not iaciuding the length of house connections entaring the sections bring tested; H - is the difference in elevation, in feet* between the invert of the closed sir in the laver structure, and the surface of the water in the upper structures or the head of watez on the immrt at cloa:.d and of saver. If the leakage, as shown by the test$ is greater than allowed by the formlao the pips shall be overhauled, and relaid if cacessaryt until th;� .mints shall hold satisfactorill- under *.his tast. The co$rt:dctor stall$ at his own exp*= +*, furnish all watevt saterials and labor, ,lc�r iwakiag, the teat requirsdr A11 teats shall eta sYd@ uniler disco tlop of the engineer. No testing o! a oeWred manhole lev4ths will be all000d. .� � ��w� __ _. _ r.�r.._�.._ .. �......... r._ ...ter-� • . -..._�_�� � r�.�_�� . _.._.. , _ __ _ .. - -�. 1 ` � ��_ L, 1�v�h�IP� Y •'iY4 .wa�.�l�h�' r..F1i�' � r�.�. �� MMM�M.•wr^+�r•hh+�.�YM..tir.M�•.•a..�ry .IM....fYI�Yil ...L•1.1� i.... . �•.nw.w.�.��. +� w!•h wr.M1 '`''"r•^d!�M�.eC+IWr..+ M'I�A�Mt`w�,n+y►M+'+rt•a+,r.........•-"•........... .. ,.+s.,. , •....-.............,....,................a,.. ..... .,,...r. w...,..-_.. .... . ..........�. •... Bi�L*�to�i i�a { ` k b* _. jee"Se D+! to InfLItTations If, in the Construct Lan of i section of the "war of mW sire exceteLve ground water is ameaomtasvd, to test for leakage, dine to Litesaal prtmmra shall not be uaW, but instead a test for infiltration Abseil be con+Acted for each section► of the work ordered by the euginaer. The end of the seller at the Tepper structure shall ba closed suffLeLently to prevent the entraaae of water ptopLog of ground water shall be Uscoat.Lwwd for at least three days and the section stesll be tasted for iufiltre, :ion. The Infiltration sball not exceed 300 gallons per inch of inside diameter, pe- 24 hours per mile of main line saw being tested and i does not im-lude the long h of house comtoctions antwing that -�ec- tion. Where any infiltration in ext"a of this amount is disewered before completion and accept=* of the sever, the sorer shall be immediately uncovered by the cootrActor and at his axpemee amd toes ` - amount of infiltration reduced tc., a quantity wLthia the specified a- mount before the s Amr 3s accepted. Should, haver, the infiltration be loss than the s;ecifie:d amount, tbkR eontra.tor shall stop any► iaadi- vidual leaks that may be obsumd, •un ordered to do so by the - Engineer+ The contractov shall, at his own expertise, C-uraish all mater£als for making the teat requL red. All teats shall be made under direction of the Engineer. A11 taste must be completed afta:: backfill and flood ' ing are coMleted but before street or trench is resurfaced. c. Aix pressure Testt Whan spacifW try the sneer, an air tv-st for leakage shall be made cs follows: The contractor shall plug and brace the ends - ! the rarer litko beini � tested. At his option, the contractor may cat an ia_itial air last j 1 of the sevur main line after denaificatLon of the bank fill, but prior # to ia:,aullation of the ltouar laterals. Such prelimiaarf testae abseil not ctsestitute a fi.vel test. ' deal l+rAfte test shall be meted in the follariag per and _ I abew►ll iaslnde both the sever vein line and lateralat Air rhall bar Introduced ir:.o the pipe less mail ?ai gage pvoomm ba>s bona re*Uftd, at which time the flaw to t1a pipe ate U be abut off. The 1%ineer will determine the time loss of 1 IraL in tba ramto + free+ 3 to 2 psi gage pressure. The input fir pwasm +e sha11 not ma• cead S psi and shall be "zgul:i ted by a suitable vWLecor velvne The -12- i e .-...«.........+�...•a`.. �,�... v..�..a.... v......��.�...�..a..... .....-.... .a.w..wr «...........ter....... ....�........v�r...r«.... ��+..+...w.+r.+r..ti.......�r w�. .a.e.rw�.,...rv��...ra r.�..._ ..+. ...ter.,�.,... .�....-......w. ,mow.+...�i.a• Oil all •1 - r 1 1 .1 ♦ •M11 '♦Mom.-/.Iii�lni'W'Sirf.L .w w•lw..r••.•.♦•i•u•♦r w.••�i.ww••....••.u.w__M'w�aYl/T^♦MNL.w..)I..riil.•v M•wi1YlIMY1.Wd�•��wwww�.rwr .•.......... ...... •♦••. Swarc.ial Pra�rissi�r�r ��r.w.rrMr��r air test: equipment shall be approved by the ft i neocn, The time loss referred to heroin shall be not l esa than as -sham on the fol.lmin& cables Sewax PLAe Ding 1'liM MIM T {ra h (Nivutea) 6 - 14 1 15 - 20 2 21 • JO 3 i 33 - 36 4 If the tiaae loss is leaa then listed in the tables abova, the co®t rac+ f for shall make such repairs as ara necessary to reduce they leakage i to acceptable limits. • g�C1AI. P1i0�SYGNS 1. General The proprr ty adjacent to tlsia project t is at the present tim w der del- � opowt: by K g C Development, 14482 BvAch Boulmard, Suite W# phowi 714-534+962O. It will be necea:%ary to coordinate your operaitton. vir4n the Tract Supeyrisatendent, George Bol to% to m£--imd.ze conflict. z 'rho ezutract area has been cleared of higbway facil,itiesr but tl�a eontxat:o: is Cautioned that there map be eariet:ing underground xaeilitiea. 2B"a Bowwsuse of the Watfstg !sigh g-ound wager level, it will be uwwwsary to t provide rack bedding as shown on the improvenmnt plena. 3, Testator The completed saver shall be tested with either the air test or the infil- tratioa test, as outlined in these spaiMicertions, end as raquxrsd by the Dizvetm r f Public Warks, r t 4�,_ $�•�al �� I The legtb of the project will be cleaned up at the ce"I stion of coa- �( ativet.ion. All swat dirt sulk be wed frm the sits sad disposed of at i the a of the tarae t oar. 4 5- Soils 'C"M Soils tarsU% vill be dome by a prirate soils mftiawl cawram by sed paid ` for by the City of Nw-UmStars Duch, blot ug lamas of tzaffic shall be araisteinad at all rases 4uring eonstrac- tioa. Munwotryr tudfic contiol avid Uorricadss will be fure►ished by the cat.- trac tour, at too � to t: a City and its accortdat r a tau >"d plater. a i 1 ' M.«+Nil.y's..•..�!'r•�w► '�...wwt.Wrc w. Frr....w.-..,....-..r.... .....w.ww-w...+.,..r.�+...�..+..ws�w.w...�.. _... .-.. .. ..._ .. . .._+............ • GENERAL REQUIREMENTS "l J of THE CITY OF HUNTINGTON BEACH, CALIFORNIA SECTION 1 . MWIVAIJQN OF PLANS, SRECIFICATIONS AND SITE OF WORK The bidder is required to examine carefully the site, proposal, plans , specit,cations , special provisions , and contract forms for the work contemplated, and it will be assumed that the bidder has investi- gated and �s satisfied as to the conditions to be encountered , as to the cho .:acter, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the speci- fications and the contract. It is mutually agreed that submission of - a proposal shall die considered prima facie evidence that the bidder has made such examinr atton. SECTION 2 . PROPOSAL REQUIRFMENTS (.a) Proposal Form -- All proposals must be .,lade upon blank forms i to be obtained from the office of the Director of Public Works at the 3 City Hall , Huntington Beach, California. All proposais must give the prises proposed , both in writing and figures , and must be signed by the bidder with his address and telephone number. If the proposal is made by an individual, his name , post-office address and telephone -.ust be shown. If made by a Lirm or partnership, the name., post- number office addi.ass and telephone number of each member of the firm or part- nership roust be shown. If made oy a corporation the proposal must show the name of the state under the Laws of which the corporation was chartered and the names , titles , and business address and telepnotre number of the ps-esident , secretary and treasurer. (b) Bidderts Guaranty - All bids shall, be presented under scaled cover and shall be accompanied by casb., cashier' s check, certified check, or bidder ' s bond, made payable to the City of Huntington Beach, — 1- h...... ,�.-��...••...�. ..a.,����........w*..•+.—.+..��� a.^w+.+`.lY+. r.-w+�.....r.+.r.+,���...�.�+�...wiwa.w�a...�r.�.. w.rr..aaa ..r....r�w.�r w.ww..w��w�w—r.w..tir-Yr.r Wry r , r i 1 . ��tir.M.+N MYH.IPM1Y'�1/.1-I.Yw.r.a........................ an...•.v.....r.Myi..r..w<..w•'n...w..a+.n..r.+nw+.r ll.+w.wa.. r+..ua ...+... w...awe\Ya W�+v of an amount equal to at least ten per cent ( 10�'.) of the amount of said bid, and no bid shall }a considered unless such cash, cashier' s check, certified check, ur bidder' s bond is enclosed therewith. ,r (c) Return of Bidder' s Guargnties - Withi-n ten ( 10) da;s after the award of the contract, the City of Huntington Beach will return - . the proposal guaranties accompanying such of the proposals which are not to be considered in making the award. All other proposal guarant- ies will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. (d) Rejection of Proposals Containing Alterations , Erasures or I Irregularities - Proposals may be rejected if they show , j any alterations of. 'arm, additions not called f,)r, conditional or � alternative bids , incomplete bids , erasures , or irregularities of any kind. The right is reserved to reject any or ail proposals . i (e) Award of Contract - The award of the contract, if it be ' awarded , will be made within thirty five (35) days after the opening ! of Lhe proposals . r ( f; Contract Bonds - The Contractor shall furnish the two good j and sufficient bonds in accordance with the requirements of the State Contract Act. Said bond:: Shall be cash, cashiers check, certified check, surety bond- or instruments of credit from one or more financial insti- tutions , subject to State or Federal regulation. Che of ;rho said bonds shall be exec,-ted in a sum equal to 100 io t,f the contract price to guarantee the faithfut performance of said contract by the Contracto-. . The tither bond shall be executed in a sum equal to at least 50% of the contract price to guarantee payment of the claims of Laborers or Mechanics who ioerfo rm work un'.er the contract, and the claims of persons who furnish -taterihls , supplies , teams , implements , or machinery used or consumed by th- contracter in the performance of the contract, w2w r ' 1 , � RM `fi r►. we+yyrati.r...wx rwaa».vww+w.r.W.nwrrw+�-wr�... r.r+w-,M%MWW4WW 0MMr"YWW w,w�awR...•.+w►+aw++.+.w 4 henever the City of Funtington Beach has cause to believe that 1' any such bond has become insufficient, a deman4. in writing may be mi. ie of the Contractor for jiuch further or additional bond as is considered necessary, considering the extent of the work remaining to W done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such furthex or additional bond I has been furnished. . i t (g) Execution of Contract - The contract shell be signed by the ' successful bidder and returned, together with the contract bonds , with- � in ten ( 10) days , excluding Sundays and City holidays , after the bidder- has ieceivgd notice that the contract has been awarded. No proposal shall be considerec binding upon the City until the execution of the i contract. Failure to sign a contract and file acceptab1.e bonds as provided herei., within ten ( 10) days , excluding Sundays and City holidays , after the bidder has received notice that the contract has been awarded to l him, shall be just cause for the annulment of the award and the forfeit- � ure of the proposal guaranty. } j SECTION 3. SCOPE OF WORK (a) Work to be done - The work to be done consists of furnishing all labor, materials , methods and processes , imelemgnts , tools and machinery, except as otherwise specified , which are nc,�Pssary and required to fabricate or to construct and put in complete order for use the improvements are appurtenances described and designated in the special provisions and in the contract. (b) Alterations - The Director reserves the right to make such alter&tions , deviations , additions to or off1se ions from the plans and specifications , including the right to increase or decrease the quantity of any item or portion of the work or to or.it any item nr por Lion of the work, as may be deemed by the Director ttj be necessary or advisable and w 3- 1 .«. .,..�.. ..�,.. +-..�-�... ...._•e+..... .....,,,,.,,�,.�.�.. .�.,. ...�..•...+•.war.ar....•..�.........•r+��....•r......+.w. ...•....wr.•+.+.�.•.�.r•+.. ...........� .......u..w.r.+.�a.��..�.....r—n..w,.........•a.r�....�...+�....�c.ra+ ' .. + .'l..r*.aa. .....ter:w•ti'•y� �...ni,<.. ..M-.p•r.rn•i .. . 'l ?P;,w�e'...':.'A, f" .P` ..:. -s._... -��., a�yr''4,'"�.'�•.�i::'yQ'!�m'�•Y.f,'a1t,�''�``•M' 'w�ii i'S'�°:� '%O:. d. r:`A`i i'•�il�.'0'�� ''� }-" .�'.�,. `' �•i• :r:�`• •tom. + .4r. s ++,,r� dd +M�.y'A'yL r^ :,y;,,.-.�. h?!':!'� `d,.ai'!i•W .. ?s .9c:,• I ' J , 1 .. i i, I, to require such extras work as may be determined by the Directo'r t- required for the proper completion of constri•ictiun of the whole work II contemplated. Any such changes will be set forth in a contract change order which will specify, in add;.tion to the wo�lc to be done in connection *,ith the change made, A jus tment of contract time, if nr+v, and the basis of corpensation for su•.h work. A contract change order will not become effective until approved by the Direc�or. (c) Extra Wor& - New and unforseen work will be classed as extra work when such work is not shown on the plans or i.et out in the speci- fications and special provisions . The Contractor shill do no extra work except upon written order. • I from the Director c f Public Works . For such, extra work the ;:uatractor shall receive payment as previously agreed upon in writing, or he shall i t be paid in force ai:count . SECTION 4. C, IRO', OF THE WORK (a) Definitions - Whenever thu word "City" is used in the specifications , it refers to the City of Huntington, Reach , • Cati-..urnia, Whenever the word "Contractor" is used, it refers to the party of the I second part in the agreement for the construction of the work herein specified. Whenever the word "Director" or "Superintendent" is used, they refer respectively to thi! Director of P iblic 'Works or Superintend- ent oZ Streets , or both, of the City of Huntington Beach, or their authorized agents or inspectors . The !cords I'D'rectof' or "Engineer" shall be considered to be syrionomous . (b) Authority of the Director - The Director shall decide any and all questions which arise as to the quality or acceptability of materi- als furnished and we 7k parforrned, the manner of performance and rate of progress cf the work, the interpretation of the plans and specifica- tions , the acceptable completion of the contract by the Contractor, and _.�..�.......��..,r. ..)...........I.,... ..—.—.....+...,...� .,....,....ra—.++.-�+a tiw....--.,.i...,..Y,,�.�.,r n.� �..+...��,.....a......w�.�......+.w.r..«.....�,r.........«+w...., ..�r.r... � ! `z:'�RT'RI�M"r+�:,�;.,: ,.r_y,.•.•-r�,9t"% ,'-`J1 ,,: ., • .,.-....� ;r �,.T '4�. . / �. r .h,',"',F'L';y YS,,..,,•A•'w."'' */y.,'ll .`i'' y1'1-•:;• ,.A '}•.}''1�''ty.�tr• yl•�'�,/�{;'7M'•_Hy„`.-' ly`•SS y'•r r*'IY!x/t Ni�y'p3.�, i�4 A.t+ 'S< 'v,11'�FI,� +r,� }i , '*, r.; - L"� . ' 1�'.�,'lw i'P J�'fM G. .A� ,'L �, l •f}� ^'Fe. •'rY,�A,: Y. r ' r 11 sil questi:i.ons as to claims and compensac'on. 1 The Director' s decision shall be final and he shall have executive authority to enforce and make effective such decislo•as and o%-ders as the Contrac•,-ir f.- ' 1s to carry out promptly. ( c) Working Drawings - Working drawrr,gs or plans for any srrurture, i.tem of work, or facility,►, not included in the plans f-jrnished by the 5 Director of lublic Work:• shall be approved by the Director of Publir_: Works before any work iavoiving these plans shall be performed, unless approval be waived in writing by the Director- of Public Works . j t I` is mutually agreed, however, that approval by the Direr::•tor of the Contractor' s work'.ng plans .toes not relieve the Contractor of any responsibility for accuracy of dimensions and details , and that the Contracto-- shall be responsible for agreement and conformity of his I wo:.•king plans with the approved plane , and specifications . (d) Conformity with Plans and Allowable Deviation: - Finished surfaces in all cases shall conform with the lines , grades ; cross- section, and dimensions shown: on the approved plans . Deviations froin the approved plans , as may be required by the exigencies of construct Lon, will be determined in all. cases by the Director and authorized in writing . (e) Coordination of Plans and Sp._cifications - These General Requirements , specifications , special provisions , the plans , and all supplementary documents are essential parr.: of the contract , and a requirement occuring in one is as binding a-- though occuri.ng in all . They are intended to be cooperative, to descrit a; and to provide for a complete work. Plans shall govern over specifications . (f) Interpretation of Plans and Specifications - Should it appear teat the work to be done, or any matter relative thereto , is not sufficient detailed a a d sufficiently e r explained in chose specifications an plans . the Contractor shall apply to the Director for such further explanations as Ana✓ be neces ;ary, and shall, c:oofo m to such explanation or inter- � -5- y,. !L 1'4M1; .IY7+i'+14w �-i..: !+7, }. •. . .'� d Nai .+,r, ... ,y.'k. .. ,vyY,:� ym'wf�•- h. a ••t `:A.. f• f.. . •.�.'l,•i .y4 •; . �,y 70.Y.,e: .. .�:+d4+'',.: .. T'iFM�,.. 'S` •:W•..`r •'n',' :'ti�...• W w"���{"�p%�;5,,�'iS.�' ;�1 ,��.: ]�. ;F.� ., 41r' .. ,�. .. iC : . t y#1i I i. pretati.on ad part of the contract , so far as may be consistent e.•ith the intent of tl-;e origiwR1 spec i.f ications . In the event of doubt or question r relative to the t;-ue me"ning of the :.,aecifications , reference :': 11 be ,• made to 1 he City Council , whose decisions thereon cha,lj be final. (g) Superintendence - Whenever the Contractor is not present on any part of the work where the City desires to givei di. Notion, order-,i will be given by the Director in writing, and shall be .received and obeyed by the Contrrcto•rls Superintendent or forenjan in charge of the particular work in reference to which orders are given. (h) Lines and Grades - All distances and measurement,a are. given and will be made 3 r� a hcrizonta l plane. Grades are given from the top of stakes or mains , unless otherwise noted on the plaits , . The Contractor shall give. at least 24 hau�b notica in writing wren he will requite the services r,f the Director: for laying out any portion of the work. The Cont:rnctor s'-lall fu-nnish the Director such f ili.tie.: and labor necessary for making and maintaining points and lines i ` as he ma-v require, i The Contractor shall p-r..�serve all strikes and points set for lines ; gradeL , or measurements of the work in their prr.per places until autho c- ized to remoire them by the Direct,)r. All expenses incurred in replacing i i stakes that have been removed without proper authority ai;all be paid bar • I the Contractor, I i Inspe,. on - The Director: or hi.a authorized agent shall at 1 1 all time.= have access to the work during construction. and shall be 1 furnished with every reasonable facility fo:.• ascertaining full knowledge respecting the progress of the work, workmanship, and the char;.iWter of l materials used and umployed in the work. Whenever the "Oontra^tor varie! the pericid during which r•iork is , c arri.ef' on each day, he shah give adequate notice to the Dir ec tc r of ` Public Works so that proper ins eccien ray bi prcyicea. -Any �a-,.rk done ; ; -6 M y i ' �"`,". .�'",ti•r- !• .. ^�'•� �y /.. a . ., :1. ;F\•..[,,�,I, - ',+ :Y., •, Y .. •� ,«a - .,- ';: .. ,.A' - ..kid r Y i M1 in the absence of the Director will oe subject to rejection. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed . Defective work shall be mane good , and unsuitable materials may be rejected , notwithstanding the fact that such defective work and un- suitable materials have been previously accepted or estimated for payment . (� ) Remova l of Defective and Unauthorized Work - All work which o f t is defective in its construction or does not meet all of the require- I i 1 mFnts of these specifications shall be remedi.ec , or removed and replaced by the Contractor i , an acceptable manner, and no compensation will be j allowed fcr such correction . ' Any work done beyond the limits of the lines and grades shown on the plans or established by the Director of Public Works , o'� any extra work done without written authority; will. be considered as unauthorized i and will not be paid for. Upon failure on the part of the Contractor to comply forthwith with any order of the Director made under the provisions of this article , the Director shall have authority to cause defective work to he remedied ; or removed and replaced . and unauthorized work to be Te:moven" , ,nd to � deduct: the costs thereof from �n�, t6oneys due or to become due the c Contra.--i_)r. (k) i ina.i. Inspection Whenev_--r the work provided for and contc►nc. plated t,}, the contract shall have been sa-Li.sfactorily completed and � tl-;c- final cleaning performed , the Director will make the final inspection . SECTION 5 . CONTROL OF 14ATER IAL,S ( a) Sarnplp-s and Tests - At the option of the Director, the source: r of "apply of each of the materials -hall be approved by the Director i before delivery is started and before such minter. i al is used in the work . r ' Upo,-, request of the DiLrector of Public Works , representative preliminary a k• ' •,G '.',]Nr ry•gP' ".fY^•"41� �'f�"IY'1•.NJIN.��p14'y� .IRl, r./(w.!"wf,.+.r ,, pry ....... ..... r ...,...♦yy�:.. .,r....7Nr. ..... N„r..r wh MF�!^Yb•nh"MMA111Ah+`TAYY.r.•Yw N+rw..r•Y•.N,.r•../•Y.p material samples of the character and quality prescribed shall be submitted, by the Contractor., producer or mAnufacturer of all materials to be -used in the work, for such testing cr examination deemed necessar-T by the Director of Public Works . ,+ I All. tests of materials furnished by the Contractor shad be made in accordance with commonly recognized standards of national organiza- tions , and such spec4.al methods and tests as are prescribed in these specifications . The Contractor shall furnish at no cost t•i the City, such samples of materials as are requested by the Director of Public Woks . No material shall be used until it has been approved by the Director of Public Works . (b) Defective Materials - All materials not conforming to the requirements of these specifications shall be considered as defective, f' �.nd all such materials , whether in place or not , shall be rejected and ; shall be removed immediately from the site of the work unless other- f I wise permitted by the Director of Public Works , No teJected material, i the defects or which have been subsequently corrected, shall be used � pr � Works . f until approved in writing by the Dir..ctar of PublicI Upon failure on the part of the Contractor to comply with any order of the r►; rector o,: Public Works made under the provisions of i this article, the Director of Public Works shall have authority to reuive and r'evlacc: defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. � SECTION 6 . LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC i (a) Laws to be Observed - The Contractor shall keep himself fully informed of all existing and future .state and federal laws and City ordinances which in any manner affect those engaged or employed in the work, the materials used in the work, and the conduct cf the work , of � r all such orders and decrees of bodies or tribuneis hr ling any Juris • ; r . r , f .- r dictior or authority over the same. (b) Alien Labor w The Contractor shall -forfeit as penalty to f,: . the City, Ten Dollars ($10) for each alien knowinglyemployi.1 in the execution of the contract , by him or by any subcontractor under him, f on any of the work herein mentioned ; for eacE calendar day, or portion thereof, during which suc'.i alien is permitted or required to labor in I z violation of the provisions of the Labor Code and in particular, Section y 1850 to 1854 thereof , inclusive. (c) hours of Labor - Eight: hours constitutes a legal dsay' s work. The Contractor shall forfeit. as a penalty to the City, $25. 00 for each workman employed i.n the execution of the contract by the Contractor or any subcontractor under him for each calendar day during which such t workman is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code , and in particular, Sec#i.ons 1810 and 1815 thereof, inclusive , except that work performed by employees of Contractors in excess of eight hours per day, and 40 hours during any one week, shall be permitted upon compensation fo-r all hours worked in excess of eight hour8 per day At not less than one and one.-half times the basic rate of pay, as provided in said Section 1815. f (d) Prevailing Wages - TLe Contractor shall comply with Labor Code Section 1775 . In accordance with said Section 1775 the Contractor shall forfeit as a penalty to the City, $25 . 00 for each calendar day or portion thereof , for each workman paid less than the stipulated , prevailing rateE. for such work or craft in which such workman is employed for and work done under the contract by him or by any subcontractor under him in violation of the provisions of the Labor Code and in particular, i Labor Code Sections 1770 to 1780 , inclusive , In addition to scid penalty and pursuant to said Section 1775 , the difference between such stipulated prevailirg wage rates and the amount paid to each workman 1 t i for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate stall be paid to each woric-nan by the Contractor. a (e) Domestic Materials - (htly suer unmanufactured article: , materials , and supplies as have been mimed or produced in *Le United States , and only such manufactured articles , materials , and supplies as have been manufactured in the United States , substantially all from • articles , materials and supplies mined, produced, or so manufactured, as the case may be , in the United States , shall be used in the performance of the Contract- in accordance with the provisions of an Act entitled : "The Buy American Act" , and in accordance with subsequent amendments � thereto and ,judicial decisions interpreting said Act. Any person, firm, or corporation who ;ails to comply with the provisions of the Act shall not be awarded any contract to which this act applies for a period of three ;rears from the date of the violation, ( f) California - made -• Materials - Notice is hereby tendered that the City shall maintain a preference for materials or supplies f manufactured, grown, or produced in the State of California in full accordance with the grovisic.ns of an act entitled: 'The Buy California Act" . (g) Registration of Contractors - Before Sutvnitting bids . , Contractors shall be lice-ised in accordance with the provisions of i Chapter 9 of Division III of the Business and Professions Code . (h) Permits and Licenses - The Contractor shall procure all permits and licenses , pay all charges ar,t fees , and give all notices necessary and incidental to the due and lawful proiecutirn and comple- tion of the work. ( i) Patents - The Contractor shall assume all liability arising from the use of patenLed materials $ e-uipment , devices , or processes used on or incnrperated in the work. — 10- w+uw•...a.a .� •..w�•.wa ..w*.1Yaa•W.a ......A . �.r.•....wa.r✓n.w.,eu 1 W wlw. •.�. .w.w...rr. _I .� w•a a._.aa. a rw •mow..,•'....�. .Vw •1, - i� a.. ' •� ^Rw•w•ww+ _.`•w.. .. •rr w.iitit..r�....w..w1�.r...r.w..w.... .J.. .. .+u....w.r w•Y r...rwF....w=..w•a.. I 'H:::+a'.A"�' '�k�R,1y:.♦M�''F4'K'/�x4,..r�,,.«... ... nur... . ...._....._ .... ......... .. ,_.... ....... _... .._....... ... ........ ......... .. .._._. ..._.._. ....._....__ .. .. .... .... r- w (j ) Public Convenience and Safety The Contractor shall so „w� cond•ict his operations as tr) cause the least possible obstruction and inconvenience to public traffic. Residents along the road, street, or other alignment of improve- r • ; ments shall be provided convenient access to driveways , houses , and buildings along t:hr. road or street , and temporary crossings shall be provided and main`ained in good condition. Not more than one cross street or intersecting street: or road shall be closed at any ona time I without the approval of the Director of Public W.)rks . j The Contractor shall furnish, erect , and maintain such fences , i barriers , lights , and signs as are necessary to give adequate warning to the public at all times that the road or street is under construction j and of any dangerous conditions to be encountered as a result thereof, and he shall also erect and maintain such warning and directicnal signs { as may be furnished by the' City. (k) Responwibili.ty for Damage - The City of "Huntington Beach, the City Council , or. any City employee shall not be liable for any loss � or damage to the work performed pursuant to the contract or any part thereof_ , or for any material or equipment used in performing the work, or for injury or damage to any person or .persons , either workmen or the public, cr for damage to property adjoining the property on which the i work is being performed from any causes whatsoever during the progress of the Amrk or at any time before final acceptance by the City. The Contractor shell indemnify and save harmleas the City of } Huntington Beach, the City Councils and the Director of Public Works and other City employees from any suits , claimo , or actions brought by any person or persons for or on account of any in juries or damages sus- twined because of or arising ouz of the performance of the work conter,- plated or in cor.sequence thereof. The City Co-.incil may }Fusin so much of the muney due the Contractor as shall be cofi$ir'ered neeesst ry for } .. ...«.. .` �. .....� .... ......... •...r•. ... ........+.�.'�/.. • . ..rv.....w..++.w..w..r......r... .... r............ .r.....+a+,.ti.........�. ........... wr. •a. . w.r.. ....r . .r......... .-.... ..r r...-................ ..........................�.r+-.......... r 1 • y r i r r r I 1 r • ....... ......_.. ....... ..�....-...-rrr.r••r...,•r.......r.,r Y,.r....., r.r w.w.l'YAN +.wrw. n..M.rMr•�iw•-+M.r.Awr.ww».......,.. .r......r•.n...w. ,r n....•r 1.Nrr• •J payment of the claims and attorneys fees until disposition has been Trade of suer suits or claims for damages . (1) Public Liability and Property Damage 1-isurance - The Contractor t shall f lrnish to the City :grid maintain during the life of the contract a protective liability policy in which the City is named as an additional insured. The policy shall insure the City, its officers and employees while acting within the scope of their duties , against all claims aris- ing out of or in connection with the work to be performed, The poli.:y shall provide for nc t less than the following amounts : Bodily Injury 81.00, 000 00, 000 each person each accident Property Damage $100, 000 each accident $ 100, 000 (not to exceed r $ 100r000 per year r of policy life Such policy shall provide coverag* at least as broad as that pro- vided in the Standard }Form approved by the National Bureau of Casualty Underwriters together with such endorsements as are required to cover i the risks involved, The Contractor shall arrange for the policie- to be so conditioner' as to coven the performance of 'Extra Work" , should such work become r necessary. Prior to the ccmmanceme:n t of work under the contract , evidence of Insurance shall be furnished in a form satisfactory tc the City. In addition, the Contractor shall furnish evidence of a commitrwtnt by the insurance company to notify the City of the expiration or cancellation of any of the insurance policies required hereunder not Less than 30 days before each expiration or cancellation is effective. The cost of this insurance shall be included in the prices bid for. I 1 tip,-{ various items of work and no additior.,l compensation will be made � thexefor (city contract: only) . A - 12•- WORM ..• ...•....r .. .....�.......� ..wr...,...,...... •._....... •...•ir.�•...... ..wP" .+......•. .. .+r....w+y. �,ti.++w+....y•r....aa�. .w,+.w.......-..-....,.� .... ... ..w.,.w.....w.w...r....... �r......r,_.• .....w. ,..........n... ........ ..-.w....... ...r.a_. .....♦1 y I •µ5.r�� ..........,....t.,.•.y.•w+-.•vw..Y•ra.a\•Y.Aa'7yY./.A•..FIMh-h.rw�......,..._.........�....yrw....._... ... (n) Contractors Responsibility for Work - Except as provided above, s• until the formal acceptance of the work by the City Council , the Con- tractor shall have the charge and care thereof arrd shall be&r the risk I of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from j the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the wort: occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal Government or the public enemy. (n) No personal Liability - Neither the City Council , the Director I of Public Works nor any other officer or authorized assistant or agent small to personally responsible: for any liability arising undex the contract. (o) Responsibility of City - The City of Huntington Leach shall not be held respons :.ble for the care or protection of any material or parts of the work prior to final acceptance, except as expressly pro- vided in these specifications , SECTION 7 . PROSECUTION AND PROGRESS I (a) Subletting ,and Assignment - The Contractor shall give his I personal attention to the fulfillment of the contract and shall keep the wort: under his cons Subcontractors will not be recognized as such, an3 all persons � engaged in the work of construction will be considered as employees of the contractor, and their woxk shall be subject to the provisions of i the contract and specifications . Where a portion of the work sublet by the Contractor is not being g prosecuted in a manner satisfactory to the Director of Public Works , the subcontractor shall be removed inniedia:ely on the request of the Director of Public Worker and shall not again be employed on the work. -1 3- I � R r . , • `i , I i�.��+JI'�;:t''tiy� !�:'"�R "�kNF':'�'e+txwMl�p+rl�M^.+a+ +..,r, :w+yMAMWAI[.��'+�+AYeak"eR1M'7M!'1�'r';4p1�RdFt� •�"w'F'�YIM+��►l'�iRti°#IRi£iMF'"'S I� nn�wF+m The contract may be assigned only upon written consent of the ` City Council of the City of Huntington Beach. (b) Progress of the work and time fr.�r completion - The Contractor �s shall begin work within ten (10) da-t/ -• after receiving notice that the contract has been approved and shall diligently prosecute the same to completion before the expiration of the time specified in the proposal , ' r .; specifications , and/'or contract . (c) Character of Workmen - If any subcontractor or person employed , by the Contractor shall fail or refuse to carry out the directions of the Director of Pubic Works or shall appear to the Director of Public Works to be incompetent cr to act in a disorderly or improper manner, i , he shall be discharged immediately upon request of the Director o-f-' t i Public Works , and such person shall not again be employed on the work. (d) Temporary Suspension of Work - The Director of Public Works shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecu- tion of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders give , or to i i s perform any provisions of the work. The Contractor shall immediately obey such order of the Director of Public Works and shall not resume the work until ordered to do so in writing by the Director of Pubic We rks . (e) Time of Completion and Liquidated Damages - It is agreed by tha parties to the contract that in case all work called for under i the contract is not completed before or upon the expiration of the time limit as set forth in these specifications , damage will be sustained by � the City of Huntington Beach and that it is and will be impracticable to determine the actual dcrnage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the -14- •... .•.. .... ti,. w..� •...... .••......+rr• • - • ..•...� �.....w.r..wlw••w...w••_...+44••r•..:. ..wl.•r•y,. war••.. ...r r.r..•iIN•w�r•..r••.. • •1 r. .w♦...•.-.••.rlw.rr •w...-."..n•—•....«•.... ..r....rw.....f...__.r....... ...... �.......... l.. .�r.._r_. .r .... I r 1 r I 1 1 ....... .-.. , 7 n rnaa� P•• le•1r •,�ayv,.rr...•r.. .••.,....J•., ,..amu••' . Contractor will .gay to the City of Huntington Beach the sum of One- hundred dollars ($ 100. 00) per day for each and every days delay beyond the time prescribed to complete the work. or any approved extension thereof, and the. Contractor agrees to pay such liquidated damages as herein provided and in case the same are not paid, agrees that the City of Huntington Beach may deduct the amount thereof from any money due or that may became dt,..z the Contractor under the contract. w It is further agreed that in case the work called for under the 1 contract is not finished and completed in all parts and requit . .nents within the time specified the director shall have the right to extend the time for completion. If the director extends the time limit for the completion of the contract , the City shall further- have the right to charge to the Contractor, his heirs , assigns or sureties , and to ; :deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection , superintend- ence , and other overhead Expenses which are Directly chargeable to t;ie contract , and which accrue during the period of such extension, except � that the cost of final surveys and preparation of final estimate shall I I not be included in such charges , The Contractor shall not be assessed with liquidated damages nor, the cost of engineering and inspection during any delay in the completion of the work caused by acts of God or of public enemy, acts of the laity, fire, .floods , epidemics , quarantine restrictions , strikes , freight embargoes , and unustally sevq•rsweather or delays of . 1subcontractors due to such causes ; provided, that the Contractor shall within ten ( 10) days from the beginning of any such delay notify the Director of. Public Works in writing of the causes of delay. The Director of Public Works 5 shall ascertain the facto and the extent of delay, and his findings of the facts thereon shall be final and conclusiv3 . - 15- rw. I • r , ' r 1 t ,f ` ( f) Suspension of Contract 'A If at any time in the opinion of i• the Cizy Council the Contractor has failed to supply an adequate Working force, or material. of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended by the terms of the contract , notice thereof in writing will be served upon him, and should he neglect: or refuse to provide mean: for a satis- factory compliance with the contract, as directed by the Director of �`. Public Works , within the time specified in such notice, the City Council shall have the power to suspend the operation of the contract . Upon receiving notice of such suspension; the Contractor shalt discontinue performance of said work, or f.ach parts of it as the City Council may designate . Upon su^h suspension, the Cont-,-actor) s control shall termi- nate and thereupon the City Council or its ,duly authorized representative may take: possession of all or any part of the Contractor' s materials , tools , equipment and appliances upon the premises , and use the .:Fme for the purpose of completion of said contract, and hire such labor and buy or rent such additional machinery, tools , appliances , and equipment, at the Contractor' s expense as may be necessary for the proper conduct of the work and for the completion thereof , or may employ other parties to carry the contract to completion, or employ the necessary workmen, substitute other machinery or materials . and purchase the materials i contracted for by Contractor, in such manner as the City Council may deerr; -roper; or the City Council may annul and cancel the contract and relet: the work or any part- thereof. Any excess of cost arising there- from over and above the contrz.^t price will be charged against the Con- tractor and his sureties , who will be liable therefor. In the event of / such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such for- � feiture will not release the Contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties w 16- 1 f . I y I I 1 i 1. I will be credited with the amount of money Po forfeited toward any 1 I excess of cost of completion of the work over and above the contract price arising from the suspension of the operations rr the contract and the completion of the work by the City as above provided, and the Contractor will be paid any surplus remaining after all just claims for such completion have been paid. I In the determination of the quest.-ion whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of they City Cot.ncil is final and shall 9 be binding on all parties to the contract. � (g) Righu- of-- Way - The right of way for the work to be construct- , ed ' will be provided by the City. The Contractor shall make his own arrangements , and pay all expenses for additional area required by him outside of the limits of right-of-way. SECTION 8. MEASUREMENT AND PAYMENT (a) Extra end Force Account Work - Extra work as herei.nbefore defined , when ordered and accepted, shall be paid for under a written u►ork order in accordance with the terms therein provided. Payment for extra work will by made at the ui�tt Trice or lump sum previously agreed upon by the Contractor Paid tl:c Direccnr of public Works ; or b3i force account. I If the work is done on force account the Contractor ahal:.. receive the actual cost of all materials furnished by him as shown bj; his paid vouchers , plus fifteen per cent (15%) , and for all. labor and .equipment r►eco. ssary he shall receive the current prices in the Locality, which shall have been previously determined and agreed +:*, in writing ';)y the Director of Public Works and Contractor, plus fi f een per cent ( 15%) ; F)rovxded ,, ;: giver, that the City reterves the rig'nt to furnish such materials required as it deems expedient , and the Contractor shell have no claim or profit on tho cost of Bitch materials . The price paid for -1 ►- UM I '1 • r 1 r i i I 1 , y 1 f .46 1 labor shall include any compensation insurance paid by the Contractor. All extra work and force account shall be recorded daily upon report streets prepared by the Director of Public Works and furnished to the Contractor and signed by both parties , v;hrlch daily reports shall thereafter be considered the true recovd of extra work or force accouni: work done. (b) Progress Payments - the City shall, onca in each month, 4 cause an estimate in writing to be made by the Director of Public Works of the total amount of wo-.-k done and the acceptable materials furnished and delivered by the Contractor to the jots site and not Used as of the time of such estimate and the value thereof. The City of Huntington Beach shall retain m.iey in the amount of ten per cent: (10%) of such estimated value of the vorl- (lone and fifty per. cent (50%) of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid as security for the fulfillment of the contract by the Contractor and shall monthly pay to the Contractor, while carrying 1 on the work, the balance not retained as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No estimate or payment shall be j required to be made when in the Jndgrmen t Of the Director of Public Works , { the work is not proceeding in accordance with the provisions of the ! contract or when in his judement the total value of the work done s inwe 1 the last estimate x.nourits to less than three hundred dollars ($ 300) . i (c) Final Payment The Director of Public Works shall , after a 1 completion of the contract, make a final estimate of the amount of work done thereunder and the value of such work, and the City of Huntington Beach shalt, pay the entire sum round to tie dug after deduct- ing therefrom all previous payments and all amounts to be kept and all A amounts to be retained under the provisions of the >,ontract. All prior s partial estimates and payments shall be subject to eorractlon in the .. 1�1. 1 i r-rMi�f.y.i....�..J. _ .-. .. �....a»...... ..... . .. . �.... _ ._ .. _. .. _ .�.... , • � .. .r�..•.,Mglw+y M ........ •. .F .+.... • ..•. . .............•.•. ...•T..`}r • .r....n..•.. ...u. •w.• .ur •.r• •+•r a•r.•.. •..+•.•• .r••.•tiM r»..r•..•..r• n�.a .a rr.• • . .rr.•♦ .. •.r•.r• •• ..wl►.•t-..........r••►n•... ....r.w...•..•• •..r....•....»rr...•h.• •�•Iw... ....•..• a r An MPF .. E 7 finial estimates and payment. The final payment shall not be due and payable until after the expiration of thirty- five (35) days from the date of recording a Not-lee of Completion. It is mutually agreed batween the parties to the contract that i I no certificate given or pnyment:s made under the contract, except the i f ival certificate of f irial payment, shall be evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first parr , and no payment shall be construed to be an E acceptance of any defective work o-L unacceptable materials . SECTION 9 BID PRICE I The Contractor shall for the -.rice bid, furnish all equipment, � • labor and materials and do all inc:idat/cal work necessary to deliver. I i all of the Improvemer ~.s complete in place in accordance wi :h the specifications , special provision; , ordinances , plans , cross sections , and detail drawings . I I 4 j - 19- �r.. ,...�_ y• .aW.. ..r w.,.r•i�w... ...rra....♦___•r......�1 �....•r ..r..r+r.u.a .. . r� __w.• .a.-..y�..w....r..+..w.... ...w.•Mlw..irr..1• ...r. _ne.r..r ...... .u{wr. .nw...rr •a.1 .J..r w........• ...... .. . ...... .. 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