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505 Manhole Surface Repairs Bid Documents 30 MHCOSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA CONTRACT DOCUMENTS FOR MANHOLE SURFACE REPAIRS Project No. 505 Bid Date: Wednesday August 27, 2025 Contract Completion: 30 Working Days Mark Esquer District Engineer Costa Mesa Sanitary District MANHOLE SURFACE REPAIRS Project No. 505 TABLE OF CONTENTS NOTICE INVITING SEALED PROPOSALS (BIDS) BID PROPOSAL STANDARD SPECIFICATIONS ATTACHMENTS a) COSTA MESA SANITARY DISTRICT CONSTRUCTION AGREEMENT b) COSTA MESA SANITARY DISTRICT REQUEST FOR CHANGE ORDER FORM CMSD Project No. 505 Notice Inviting Bids – 1 of 2 ORANGE COUNTY, CALIFORNIA NOTICE INVITING SEALED PROPOSALS (BIDS) NOTICE IS HEREBY GIVEN that the Board of Directors of the Costa Mesa Sanitary District invites and will receive sealed proposals (bids) for furnishing all labor, materials, equipment, transportation, permits, and other items necessary for the construction of the following project: Sewer Manhole Surface Repairs Project No. 505 The project includes removing and replacing 30 sewer manhole frames and covers in the Costa Mesa Sanitary District. The manholes are located throughout the District in Costa Mesa and Newport Beach, California. Some of the locations will require night construction. The District will be supplying new composite frames and covers for the manholes. The Engineer’s Estimate for this project is: $ 120,000 Bids will be received by the Costa Mesa Sanitary District office at 290 Paularino Avenue, Costa Mesa, California until the hour of 10:00 a.m. on Wednesday August 27, 2025, at which time they will be opened publicly and read aloud in the Board Conference Room. Sealed proposals shall bear the title of the project and the name of the bidder. Any bid received after the scheduled bid opening time shown above will not be accepted and returned to the bidder unopened. It shall be the sole responsibility of the bidder to seal and deliver the bid proposal to the district office at or before the time specified in this notice provided. A set of the approved contract documents including plans and specifications may be obtained from the Costa Mesa Sanitary District Website: https://www.cmsdca.gov/news___publications/bid_opportunities.php There is a mandatory pre-bid meeting at 11:00 a.m. on Wednesday August 13, 2025. The pre-bid meeting will be held at the Costa Mesa Sanitary District Office at 290 Paularino Avenue, Costa Mesa, CA. All questions regarding the project must be submitted in writing by 5:00 PM Friday August 22, 2025. Questions must be submitted by email to: DSaidi@RobHamers.com The Contractor shall comply with the provisions of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California. Prevailing rates shall be paid to all workers employed in the performance of the contract. Such rates of wages are on file with the Department of Industrial Relations and in the office of the district and are available to any interested party upon request. The contractor is responsible for all penalties prescribed for noncompliance with these provisions. Each bid shall be submitted on the Bid Proposal Form furnished as part of the contract documents, and shall be accompanied by a certified check, a cashier's check or a bidder's bond in an amount not less than 10-percent of the amount of the bid, made payable to the Costa Mesa Sanitary District. The check or bond shall be given as a guarantee that the bidder will enter into a contract with the district and furnish the required payment and performance bonds and certificates of insurance and endorsements if awarded the work. The check or bond will be declared forfeited if the successful bidder does not enter into the contract or furnish the required bonds and insurance forms under the time frame specified in the construction agreement. It is imperative that the bidders carefully review this notice and the district’s standard construction agreement and insurance forms. The successful bidder will be required to comply with all requirements in the standard construction agreement and insurance forms. In the event of failure or inability to meet these requirements after the award of contract, the district shall have the right to reject the bid and/or declare a forfeiture of the bid bond. CMSD Project No. 505 Notice Inviting Bids – 2 of 2 Pursuant to California Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the district or an approved financial institution in order to have the district release funds retained by the district to ensure performance of the contract. No bidder or subcontractor shall be listed in a bid proposal unless registered with the Director of Industrial Relations pursuant to Labor Code Section 1725.5. The contract completion time is 30 working days. Liquidated damages in the sum of $200 per day shall be imposed for each unexcused day beyond the contract completion date. The Board of Directors of the District reserves the right to select the schedule(s) under which the bids are to be compared, and contract(s) awarded, to reject any and all bids, and to waive any and all irregularity in any bid. Dated: 7/22/25 BY ORDER OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT CMSD Project No. 505 Bid Proposal Form – 1 of 12 Costa Mesa Sanitary District Project #505 – Sewer Manhole Surface Repairs BID PROPOSAL FORM Name of Bidder: Address: Phone No.: TO THE BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT: Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and the other documents relating thereto, the undersigned bidder has carefully examined and is completely familiar with the plans, specifications, and contract documents including the local conditions affecting the performance of the contract, the character, quality, quantities, and scope of the work, and the materials to be furnished as to the requirements of the specifications and the contract. If awarded the contract, the undersigned bidder hereby proposes and agrees to perform within the time stipulated in the contract, including all of its component parts and everything required to be performed, and to furnish any and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items necessary to perform the contract and complete in a workmanlike manner, all of the work required in connection with the construction of said work all in strict conformity with the plans and specifications and other contract documents, including addenda Nos.: , , , , and , on file in the District office for the prices hereinafter set forth. The undersigned as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm, or corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract with the District in the form set forth in the contract documents and that he will accept in full payment thereof the following prices, to wit: CMSD Project No. 505 Bid Proposal Form – 2 of 12 SCHEDULE OF WORK ITEMS BID ITEM APPROX. QUANTITY DESCRIPTION UNIT PRICE TOTAL AMOUNT 1 Lump Sum Bonds, Insurance, and Permits: Work under this item includes any costs incurred for securing bonds, insurance, permits and financing for construction work. Lump Sum $ 2 Lump Sum Mobilization, Demobilization and Cleanup: Work under this item shall include preparatory and cleanup operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to and from the project site, securing a temporary construction yard, securing all necessary permits from the City of Costa Mesa, securing the work site during all work activities, and maintaining the project site in a safe and orderly manner during construction. AMOUNT BID FOR MOBILIZATION / DEMOBILIZATION SHALL NOT EXCEED 10.0% OF CONTRACTORS BID TOTAL. District shall pay 50 % of this item for initial mobilization activities, and 50 % for demobilization activities at the end of the project. Lump Sum $ 3 Lump Sum Encroachment Permit Traffic Control and Detour Plans: Apply for and obtain encroachment permit from the City. Prepare and furnish traffic control plans to the City as required. Furnish all labor, materials, and equipment for the installation and removal of the required traffic control including, but not limited to, changeable message boards, signs, delineators, traffic cones, barricades, flashing arrow signs, steel plates, and all other traffic control devices necessary to complete the work. Traffic control shall include engineered traffic control plans to be approved by the city of Costa Mesa providing the required traffic control including, but not limited to, changeable message boards, signs, delineators, traffic cones, barricades, flashing arrow signs, and all other work necessary to comply with Work Area Protection and Traffic Control Handbook (WATCH manual), recent edition, other traffic control publications, and the city of Costa Mesa. Traffic control for work shall conform to the provisions on the City of Costa Mesa encroachment permit. Lump Sum $ 4 Lump Sum MANHOLE #102389 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ CMSD Project No. 505 Bid Proposal Form – 3 of 12 SCHEDULE OF WORK ITEMS BID ITEM APPROX. QUANTITY DESCRIPTION UNIT PRICE TOTAL AMOUNT 5 Lump Sum MANHOLE #103733 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 6 Lump Sum MANHOLE #103153 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 7 Lump Sum MANHOLE #103125 Provide all labor and materials to locate and dig out existing manhole, remove and replace existing manhole frame and cover, and adjust to existing finished surface grade of street. Lump Sum $ 8 Lump Sum MANHOLE #102403 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 9 Lump Sum MANHOLE #102201 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 10 Lump Sum MANHOLE #104198 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 11 Lump Sum MANHOLE #102242 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 12 Lump Sum MANHOLE #104261 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Night work is required. Lump Sum $ CMSD Project No. 505 Bid Proposal Form – 4 of 12 SCHEDULE OF WORK ITEMS BID ITEM APPROX. QUANTITY DESCRIPTION UNIT PRICE TOTAL AMOUNT 13 Lump Sum MANHOLE #101108 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Night work is required. Lump Sum $ 14 Lump Sum MANHOLE #103192 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Night work is required. Lump Sum $ 15 Lump Sum MANHOLE #103173 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Night work is required. Lump Sum $ 16 Lump Sum MANHOLE #103168 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Night work is required. Lump Sum $ 17 Lump Sum MANHOLE #103189 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Night work is required. Lump Sum $ 18 Lump Sum MANHOLE #105407 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 19 Lump Sum MANHOLE #105348 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ CMSD Project No. 505 Bid Proposal Form – 5 of 12 SCHEDULE OF WORK ITEMS BID ITEM APPROX. QUANTITY DESCRIPTION UNIT PRICE TOTAL AMOUNT 20 Lump Sum MANHOLE #105077 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 21 Lump Sum MANHOLE #105188 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 22 Lump Sum MANHOLE #105120 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 23 Lump Sum MANHOLE #104119 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 24 Lump Sum MANHOLE #104105 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 25 Lump Sum MANHOLE #104400 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 26 Lump Sum MANHOLE #104313 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 27 Lump Sum MANHOLE #103976 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ CMSD Project No. 505 Bid Proposal Form – 6 of 12 SCHEDULE OF WORK ITEMS BID ITEM APPROX. QUANTITY DESCRIPTION UNIT PRICE TOTAL AMOUNT 28 Lump Sum MANHOLE #104515 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 29 Lump Sum MANHOLE #103755 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 30 Lump Sum MANHOLE #119801 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 31 Lump Sum MANHOLE #103774 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 32 Lump Sum MANHOLE #102200 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ 33 Lump Sum MANHOLE #102236 Provide all labor and materials to remove and replace existing manhole frame and cover and adjust to existing finished surface grade of street. Lump Sum $ TOTAL AMOUNT OF ITEMS 1 THROUGH 33 $________________ ____________________________________________________________________________ (WRITE TOTAL IN WORDS ABOVE) Bidders Initials________ Note: In case of a discrepancy between the words and figures, the words shall prevail. CMSD Project No. 505 Bid Proposal Form – 7 of 12 The Contractor agrees that the District will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or mis-statements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefor, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract. Bidder’s Initials________ The Contractor agrees that the District shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work. Bidder’s Initials________ CMSD Project No. 505 Bid Proposal Form – 8 of 12 Accompanying this proposal is ____________________________________________ _______________________________ ($________________). NOTICE: Insert the words "Cash", "Certified Check", or "Bidder`s Bond", as the case may be in an amount equal to at least 10% of the total bid price, payable to the Costa Mesa Sanitary District. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted by the District and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the District with surety satisfactory to the District within 10 Days after the bidder has received written notice of the award of the contract; otherwise, said security shall be returned to the undersigned. Respectfully submitted, _________________________________ _________________________________ Contractor's Business Name Contractor Title _________________________________ _________________________________ Business Address: Street By: Title _________________________________ _________________________________ City State Zip Contractor's License, Expiration Date & Classification __________________________________ Business Phone Number __________________________________ Name Title __________________________________ Residence Phone Number __________________________________ Bidder’s Residence: Street __________________________________ City State Zip I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at ____________________, this________ day of________________ 201 ____. ________________________________ (Signed) CMSD Project No. 505 Bid Proposal Form – 9 of 12 The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are as follows: NOTICE: Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer and Manager, and affix corporate seal; in all cases of partnerships and joint ventures give names of all the individual members. CONSTRUCTION PROJECT REFERENCES In order to more fully evaluate your background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed, or in progress, within the last 24 months. Your cooperation in this matter is greatly appreciated. DATE PROJECT AGENCY'S CONTRACT AWARDED AWARDING AGENCY ADMINISTRATOR CMSD Project No. 505 Bid Proposal Form – 10 of 12 PROJECT ADDENDA Bidder shall signify receipt of all Addenda here, if any: ADDENDUM NO. DATE RECEIVED BIDDER’S SIGNATURE DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of 1/2 of 1% of the prime Contractor's total bid and shall further set forth the portion of the work which will be done by each such Subcontractor. Only one Subcontractor for each such portion shall be listed. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such work himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. Portion State License Of Work Subcontractor's Name and Address Number Class CMSD Project No. 505 Bid Proposal Form – 11 of 12 10% BIDDER'S BOND TO ACCOMPANY PROPOSAL (Required if the bidder desires to submit bond instead of a certified or cashier's check). KNOW ALL PEOPLE BY THESE PRESENTS: That we, _____________________________________________as principals, and _________________________________________as surety, are held and firmly bound unto the Costa Mesa Sanitary District, a special district, organized under the laws of the State of California and situated in Orange County in the sum of _______________________________________________ ($_____________________) to be paid to the District, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or assigns, joint and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the certain proposal of the above bounden ________________________________________________________, is accepted by the Costa Mesa Sanitary District, and if the above bounden, _________________________ __________________ his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within 10 days (not including Sunday) from the date of the mailing of a notice of the above bounden, __________________, by and from District, that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF: We hereunto set our hands and seals this ______________________ day of ____________________, 20__. __________________________________ __________________________________ __________________________________ CMSD Project No. 505 Bid Proposal Form – 12 of 12 NON-COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidder, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any Subcontractor or supplier through any bid depository, the By-Laws, Rules, or Regulation of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or supplier which is not processed through said bid depository, or which prevent any Subcontractor or supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me by: _____________________________________ This _______ day of ___________ 20__. My Commission expires: _____________________________________ Notary Public CMSD Project No. 530 Standard Specification STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" (Green Book) and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications" of the Costa Mesa Sanitary District and shall be considered as a part of these specifications. Also, a part of these specifications are the Costa Mesa Sanitary District's Standard Plans and Specifications for the Construction of Sanitary Sewers. The following additions are made to the "Standard Specifications". If there is a conflict between the Standard Specifications and these additions, these additions shall have first precedence. 1-2 DEFINITIONS (a) AGENCY The Costa Mesa Sanitary District, also hereinafter called "District". (b) BOARD The Board of Directors of the Costa Mesa Sanitary District. (c) CONTRACT Documents including but not limited to the Proposal, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract Agreement and all Addenda setting forth any modifications of the document. (d) ENGINEER District Engineer of the Costa Mesa Sanitary District. (e) BIDDER Any individual, co-partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. (f) LEGAL ADDRESS The legal address of the Contractor shall be the address of contractor given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract. (h) STATE Chapter 3, Part 5, Division 3, Title 2 of the CONTRACT Government Code. The provisions of this ACT and other applicable laws form and constitute a part of the provisions of this contract to the same extent as if set forth herein, in full. 2-1 AWARD AND EXECUTION OF CONTRACT The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements of the notice inviting bids. The District, however, reserves the right to reject any or all bids, and to waive any informality in the bids received. The award, if made, will be made within 30 days after the opening of the bids. PROCEDURE FOR PROPOSAL SUBMITTAL Proposal shall be made and submitted on the Proposal Forms in accordance with the Notice Inviting Bids. No person, firm, or corporation shall be allowed to make, file, or be interested in, more than one bid for the same work; unless alternate bids are called for. A person, firm, or corporation, who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders. If, on the opening of bids, more than one bid appears in which the same person, firm, or corporation, is interested as a principal, all such bids shall be rejected. CMSD Project No. 530 Standard Specification Proposals with interlineations, alterations, or erasures, shall be initialed by the bidder's authorized agent. Alternative proposals, special conditions, or other limitations or provisions affecting the bid, except as such called for by the contract documents, will render the bid informal and may cause its rejection. All proposals must give the prices bid for the various items of work and must be signed by the bidder, who shall give his address. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and not sham or collusive or made in the interest or behalf of any other person not therein named and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over any other bidder. REQUEST FOR INTERPRETATION If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans, specifications, or other proposed contract documents, or finds discrepancies in, or omissions from the drawings or specifications, he may request the Engineer, in writing, for an interpretation or correction thereof. The person submitting such a request shall be responsible for its prompt delivery. All such interpretations of the contract documents will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or delivered to each person receiving a set of contract documents at his last address of record. The District will not be responsible for any other explanations or interpretations of the contract documents. RETURN OF BID SECURITY Any bidder may withdraw his bid, either personally, or by telegraphic or written request, at any time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to see that any such telegraphic or written request is delivered to the District Clerk prior to said closing time. Bid security of such bidders will be returned promptly to the bidder. The bid security of the three lowest bidders will be retained until the contract is awarded, entered into and executed with the bidder of accepted bid, after which those will be returned to the respective bidders with whose proposal they accompanied. The bid security of all other bidders will be returned after the canvass of bids. The bid security of the bidder of the accepted bid will be held by DISTRICT until the contract has been entered into, and the bonds accompanying the same are approved and filed, whereupon the said bid security will be returned to the bidder. If the bidder fails or refuses to enter into a contract to do the work, the bid security shall be forfeited to DISTRICT and shall be collected and paid to the General Fund of the District. LICENSE REQUIRED Contractor shall have a Class A or C34 license to perform this work. "OR EQUAL" PROVISION When otherwise specified, any product called for on these Specifications may be substituted using the process described in Public Contract Code Section 3400. EXECUTION OF CONTRACT The contract shall be signed by the successful bidder and returned to the District, together with the contract bonds as specified in Section 2-4 of the Standard Specifications and as amended below and any changes or additions made thereto in these specifications within 10 WORKING days after receipt of written notice of award of contract. The form of contract agreement to be executed by the Contractor will be supplied by the Counsel for the District. No proposal shall be considered binding upon the District until the execution of the contract by the District. CMSD Project No. 530 Standard Specification ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT CLAIMS In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties. MINED CONSTRUCTION MATERIAL CONTRACTOR warrants that it will not purchase mined construction material for PROJECT except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. 2-3.1 SUBCONTRACTS: GENERAL The Engineer, as duly authorized officer may consent to Subcontractor substitution requested by the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code. 2-4 CONTRACT BONDS The "Faithful Performance Bond" and the "Labor and Material Bond" shall both be one hundred percent (100%) of the contract price and shall be furnished on the District's standard forms. The Faithful Performance Bond shall be held for one year from the date the Notice of Completion is recorded. Sureties providing performance bonds for Contractors must be licensed or agree to employ a licensed Contractor, with a Class A or other applicable specialty contractor's license from the State of California. 2-5 PLANS AND SPECIFICATIONS Engineer will provide the Contractor, free of charge, copies of plans and specifications that are reasonably necessary for the execution of work. Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, for his general use. If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the contract. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies. CMSD Project No. 530 Standard Specification 2-9.1 PERMANENT SURVEY MARKERS Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monument, ties and benchmarks located within the limits of the work. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and benchmarks disturbed during construction shall be reset per local agency standards after construction and the tie notes submitted to the appropriate governing agency on 8-1/2" X 11" loose leaf paper. The Contractor and his sureties shall be liable for, at his own expense, any resurvey required due to his negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls. Unless a separate bid item is provided, full compensation for conforming to the requirements of this sub-section shall be considered as included in the contract bid price paid for various other items of work and no additional compensation will be allowed. 2-11 INSPECTION The Contractor shall give at least 48 hours advance notice of time when he or his Subcontractor will start or resume the various units of operations of the work as per the contract, or resume the said units or operations when they have been suspended as per the contract. The above notice is to be given during working hours, exclusive of Saturday, Sunday or holidays for the purpose of permitting the Engineer to make necessary assignments of his representative or inspector on the work. Any work performed in conflict with said notice without the presence or approval of the inspector, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer or inspector on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment or final acceptance of work or exoneration of bonds shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing, as provided in the following paragraph, and as provided in Section 1670 of the Civil Code. If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he shall within 10 days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless with the 10 days thereafter the Contractor shall file with the Board of CMSD Project No. 530 Standard Specification Directors a formal protest against said decision of the Engineer. The Board of Directors shall consider and render a final decision on any such protest within 30 days of receipt of same. 3-1.1 CHANGES REQUESTED BY THE CONTRACTOR: GENERAL Engineer shall be the duly authorized officer to grant the changes prescribed in this section. 3-3.1 EXTRA WORK: GENERAL The extra work as defined in this section of Standard Specifications and any work done beyond the lines and grades shown on the plans shall only be performed when ordered in writing by the Engineer. In absence of such written order any such work shall be considered unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit for approval by the Engineer, a complete schedule showing the number of working days required to complete the project. 6-6.2 EXTENSIONS OF TIME In the event the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the Board of Directors shall have the right to increase the number of working days for completion or not, as may seem best to serve the interest of the District. Except for the delays beyond Contractor's control as described in Sections 5-5 and 6-6.1, the District shall have the right to charge the Contractor, his heirs, assigns, or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendent and other overhead expenses which are directly chargeable to the Contractor and which accrued during the period of such extensions except that the cost of the final services and preparation of the final estimates shall not be included in such charges. In addition to the above charges, Contractor shall pay to the District liquidated damages as specified in Section 6-9 for such delays. No extension of time for the completion of the work called for under the contract shall be allowed unless at least 20 days prior the time fixed for the completion thereof, or the time fixed by the Board of Directors or its designee for such completion as extended, Contractor shall have filed application for extension thereof, in writing, with the Engineer addressed to the Board of Directors or its designee. In this connection it is understood that the Engineer shall not transmit any such request to the Board or its designee if not filed within the time herein prescribed. 7-2 LABOR The Contractor shall comply with the provisions of Section 1770 to 1780, inclusive, of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California, which are filed with the Assistant Secretary of said District, and shall forfeit penalties prescribed therefore for noncompliance of said Code. Travel and subsistence payments shall be paid in accordance with Labor Code 1773.8 as defined in applicable collective bargaining agreements. In order to verify the compliance of said code, Contractor may be required by the District, from time to time, to furnish weekly, for the duration of the contract period, copies of his payroll statements showing wages paid each employee during the preceding week and the employee work classification to the Engineer for checking. Using Form DH-H-347, Payroll Statement of Compliance is an acceptable method of fulfilling the above requirement. CMSD Project No. 530 Standard Specification APPRENTICES Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any Subcon- tractors under him shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, Ex-Officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7-3 LIABILITY INSURANCE The Contractor shall not commence work under his contract until he has obtained all insurance required under this heading in a company acceptable to the District, nor shall the Contractor allow any Subcontractor to commence work on his sub-contract until all insurance required of the Subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of the contract the following policies of insurance. a. Workman's compensation insurance to cover his employees as required by the Labor Code of the State of California, and the Contractor shall require all subcontractors similarly to provide such compensation insurance for all of the latter's employees. b. Public liability and property damage insurance on account of bodily injuries, including death resulting therefrom in the sum of $5,000,000. combined, single limit for any one accident which may arise from the operations of the Contractor in performing the work provided for herein. Each of the policies of insurance provided for shall contain a clause substantially in the following words: It is hereby understood and agreed that this policy may not be cancelled, nor the amount of coverage thereof be reduced until ten days after receipt by the Engineer of a written notice of such cancellation or reduction in coverage, as evidenced by receipt of a registered letter. The insurance required to be provided herein shall be provided by a domestic carrier authorized to, and doing business in, the State of California and rated A+ XI by Best Key Rating Guides--Property-Casualty and admitted for coverage in the State of California Insurance Guarantee Fund. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required herein, or present a certificate of insurance showing the issuance of such insurance. Contractor shall also provide an endorsement naming the District as an additional insured. 7-5 PERMITS Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorization, applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. In the case the agency does procure any permits, it is understood that the agency is acting as an authorized agent for the contractor, and that the Contractor shall be solely responsible for all work performed under the permit. CMSD Project No. 530 Standard Specification 7-6 THE CONTRACTOR'S REPRESENTATIVE Contractor shall also file with the Engineer the addresses and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress. instructions and information given by the Engineer to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor. 7-8.1 CLEANUP AND DUST CONTROL All surplus materials shall be removed from the site of the work daily after completion of the work causing the surplus materials. Unless the construction dictates otherwise, and unless otherwise approved by the Engineer, Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete. Failure of the Contractor to comply with the Engineer's dust control orders may result in an order to suspend work until the condition is corrected; and after filing notice to the Contractor, the Engineer may order this accomplished by others. All costs thus incurred shall be deducted from the amount to be paid to the Contrac- tor. No additional compensation will be allowed as a result of such suspension. No separate payment will be made for any work performed, of material used, to control dust resulting from the Contractor's performance on the work, or by public traffic, either inside or outside the right of way. Full compensations for such dust control will be considered as included in the prices paid for the various items or work involved. 7-8.5 TEMPORARY LIGHT, POWER AND WATER The Contractor shall provide for his employees and adequate supply of clean potable drinking water, which shall be dispensed through approved sanitary facilities. 7-10 PUBLIC CONVENIENCE AND SAFETY The Contractor shall abide by the following publications which are hereby made a part of these specifications: a. The Work Area Traffic Control Handbook (WATCH). b. The Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways. c. State Labor Code Sections 6704, 6706 and 6707. d. The Construction Safety Orders (CAL/OSHA). e. The General Industry Safety Orders (CAL/OSHA). f. Standard Specifications for Public Works Construction (The Green Book) 7-13 LAWS TO BE OBSERVED The Contractor shall protect and indemnify the District, the Board of Directors, the Engineer, and all of its or their officers, agents and servants against any claim or liability arising from or based on the violation of any existing or future State, Federal and Local laws, ordinances, regulations, orders or decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. CMSD Project No. 530 Standard Specification 9-3.1 PAYMENT: GENERAL Contractor is reminded that the unit and lump sum prices shown in the proposal shall be full compensation for the items of work described in the proposal including all incidental, appurtenant, or related work and materials, whether or not mentioned or specified, required to deliver the final product shown on the plans. Contractor shall have examined the contract documents and site and shall include in his bid furnishing all materials, labor, equipment, tools, incidental, appurtenant, or related work to complete the job in order that no separate work or compensation is needed to complete the work. 9-3.2 PARTIAL AND FINAL PAYMENT The lead time for processing invoices for the monthly progress payment approved by the Engineer for inclusion on the warrant list of the District is governed by the rules and regulations established by the Board of Directors. Invoices for monthly payments shall be submitted to the Engineer no later than the 25th of each month. After completion of the contract, the Board shall, upon recommendation of the Engineer, accept the work as complete and authorize the final payment. The amount retained and deducted by the District shall be 5% of the progress estimates for all progress payments. The final payment of the retention amount to the Contractor shall be made 35 days from the date of the recording of the Notice of Completion of the work after it is accepted by the Board of Directors and shall be made on duly certified voucher therefore. It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract, except the final certificate of final payment, shall be conclusive evidence of full or substantial performance of this contract; and no payment shall be construed to be an acceptance of any defective work or improper material. The acceptance of final payment by the Contractor shall release the District, the Board of Directors and the Engineer from any and all claims or liabilities on account of work performed by the Contractor under the contract or any alterations thereof. 9-3.3 DELIVERED MATERIALS Materials delivered, but not in place, will not be classified as work done, except as otherwise provided in these specifications. CMSD A-1 Agreement 2025 AGREEMENT This Agreement (hereinafter referred to as “AGREEMENT”) is made and entered into this day of __________, 2025, by and between the COSTA MESA SANITARY DISTRICT, hereinafter referred to as “DISTRICT,” and ____________, hereinafter referred to as “CONTRACTOR.” WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, DISTRICT and CONTRACTOR mutually agree as follows: SCOPE OF THE WORK AND CONTRACT SUM Scope of the Work. CONTRACTOR shall perform all the work and shall provide and furnish all labor, materials, tools, expendable equipment, and utility and transportation services required to construct the _________________________ (hereinafter referred to as “PROJECT”). This project has been registered with the Department of Industrial Relations using form PWC-100 pursuant to Labor Code section 1773.3. 1. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled _____________________, and CONTRACTOR agrees to do everything required by this AGREEMENT, the plans and specifications, and the CONTRACT DOCUMENTS. All labor, materials, tools, equipment, and services shall be performed under the direction and administration of, and subject to the approval of, DISTRICT or its authorized representatives. 2. Contract Sum. DISTRICT agrees to pay, and CONTRACTOR agrees to accept in full payment for the work above agreed to be done, the sum of __________________________ Dollars ($ ____________). NOTICE TO PROCEED AND TIMING 3. Notice to Proceed. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a “Notice to Proceed” has been given to CONTRACTOR by DISTRICT and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by DISTRICT. 4. Time of Completion. CONTRACTOR agrees to commence the work to be performed under this AGREEMENT on the start of the construction date specified in the “Notice To Proceed” and to diligently prosecute the work to completion by the completion date specified in the Notice to Proceed, which the parties agree is _________ (____) WORKING DAYS. 5. Time of the Essence. Time is of the essence of this AGREEMENT. 6. Liquidated Damages/Additional Actual Damages. It is agreed by the parties hereto that, in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of working days as set forth herein, damage will be sustained by the DISTRICT and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which the DISTRICT will sustain in the event of and by reason of CMSD A-2 Agreement 2025 such delay. It is therefore agreed the CONTRACTOR will pay to the DISTRICT the sum of ________________Dollars ($ _________) per calendar day for each and every day of delay in finishing the work in excess of the number of days prescribed in Section 4, and the CONTRACTOR agrees to pay said liquidated damages herein provided for and further agrees that the DISTRICT may deduct the amount thereof from any monies due or that may become due the CONTRACTOR hereunder. Liquidated damages shall be a measurement of the sum to compensate the public for inconvenience from not having the work completed on time and the cost of DISTRICT staff to monitor the job beyond the completion date. DISTRICT shall further be entitled to recover its additional actual damages incurred which shall be supplemental to the liquidated damages. Provided strict compliance with Section 21 below is effected, the CONTRACTOR will be granted an extension of time and will not be assessed with liquidated damages for any portion of the delay in completion of the work beyond the time named herein due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or delays of subcontractors due to such causes. JOB PROGRESS AND COOPERATION 7. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis throughout the project. CONTRACTOR agrees to meet with DISTRICT’s PROJECT MANAGER or designee on a weekly or other periodic basis, or as requested by DISTRICT to review job progress. “PROJECT MANAGER” for purposes of this AGREEMENT shall be the District Engineer or such designee as has been given the authority for this PROJECT in a written designation. CONTRACTOR agrees to provide DISTRICT with critical path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR’s claim for additional days or additional damages. Delay and other claims of damages based on CONTRACTOR’s planned early completion are prohibited. 8. Cooperation. CONTRACTOR agrees to cooperate with DISTRICT’s PROJECT MANAGER or designee and to provide submittals and participate in meetings in a good faith effort to complete the PROJECT. If disagreements arise, CONTRACTOR agrees to document the disagreement in accordance with these AGREEMENT provisions and provide DISTRICT with early notice of the same for later resolution but shall continue to cooperate and prosecute the work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR’s strict compliance with Section 21 if additional time or money is sought. 9. CONTRACTOR’s Independent Investigation. (a) No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this AGREEMENT, as a result of failure to make the necessary independent examinations and investigations and no plea of reliance on initial investigations or reports prepared by DISTRICT for purposes of letting this AGREEMENT out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said AGREEMENT, specifications, and plans, nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Section 21 of this AGREEMENT. CMSD A-3 Agreement 2025 (b) Except as specifically provided in the CONTRACT DOCUMENTS, information provided for purposes of bidding do not represent “conditions indicated” as being in existence and are provided for the convenience of the CONTRACTOR in making its own investigation. LABOR, WAGE, AND HOURS LAWS 10. Public Work. Notice is provided pursuant to Labor Code Section 1781 that this is a “public work” as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section 1771 applies. CONTRACTOR shall pay prevailing wages, unless exempt. 11. Contractor/Subcontractors Registered. Contractor and all subcontractors are registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 and paid its annual fee. 12. Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at the DISTRICT, which shall be made available to any interested party upon request. CONTRACTOR shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. 13. Payroll Records/ Electronic Records. (a) The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor and subcontractor shall keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. THE CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BE SUBMITTED TO DISTRICT ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONTRACTOR’S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10- day period, he or she shall, as a penalty to DISTRICT, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. DISTRICT may deduct this penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT. (b) Contractor shall submit electronic payment records to the Department of Industrial Relations. 14. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall, as a penalty to DISTRICT, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONTRACTOR or any subcontractor under CONTRACTOR) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. DISTRICT may deduct the penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker CMSD A-4 Agreement 2025 was paid less than the prevailing wage rate shall also be paid to each worker by CONTRACTOR or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California. 15. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the PROJECT are hereby imposed upon CONTRACTOR. 16. Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the DISTRICT as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. DISTRICT may deduct this penalty from any sums owed pursuant to this AGREEMENT. PROGRESS PAYMENTS AND RETENTION 18. Progress Payments. Pursuant to Public Contract Code Section 7201, prior to the fifteenth (15th) day of the month next following the commencement of the work, there shall be paid to CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by DISTRICT and thereafter prior to the fifteenth (15th) day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by DISTRICT, less all previous payments and authorized deductions, provided that CONTRACTOR submits his request for payment prior to the last Wednesday of each preceding month. Pursuant to Public Contract Code 7107, DISTRICT shall make the final payment, if unencumbered, or any part thereof unencumbered, within sixty (60) days after the date of completion. Notwithstanding the foregoing, CONTRACTOR shall provide DISTRICT with all documentation required by this AGREEMENT, including the Final Closeout Agreement and Release of All Claims, as well as any other documents required by the CONTRACT DOCUMENTS such as as-builts, red-line plans, manufacturers and specific guarantees, and owner’s manuals prior to receiving final payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the Project Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT, and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the AGREEMENT price shall not be considered as an acceptance of any part of the work. Nothing herein shall limit DISTRICT’s right to withhold one hundred fifty percent (150%) of disputed amounts in the event of a good faith dispute. 19. Prompt Payments. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50. 20. Retention Securities. Pursuant to California Public Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the DISTRICT or an approved financial institution in order to have the DISTRICT release funds retained by the DISTRICT to insure performance of the AGREEMENT. CMSD A-5 Agreement 2025 CHANGE ORDERS / EXTRA TIME / EXTRA WORK 21. Request for Extra Time or Additional Compensation. The following provisions must be strictly complied with to obtain additional time to complete the job or to obtain additional compensation: (a) Request for Change Order – Additional Time. The CONTRACTOR shall promptly notify the DISTRICT of any delay and shall, within ten (10) days from the beginning of any such delay, notify the DISTRICT in writing of the cause of the delay, and the DISTRICT shall extend the time for completing the work if in its judgment the cause so merits. The DISTRICT’s determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall be required to submit a Request for Change Order, as set forth in this AGREEMENT, to the DISTRICT’S PROJECT MANAGER within ten (10) days of the beginning of such a delay. No adjustment shall be allowed for such delay unless there is strict compliance with this contractual provision. CONTRACTOR’s remedy shall be limited to the extra days granted and to any damages that it may be entitled to using the formula agreed to by the parties for all damages as provided in Section 22. (b) Request for Change Order – Additional Compensation Sought. (i) Should CONTRACTOR claim that the DISTRICT is demanding extra work from it or consider any work demanded of it to be outside the requirements of this AGREEMENT or if it considers any instruction, ruling, or decision of the PROJECT MANAGER to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling, or decision is given, file a written protest with the PROJECT MANAGER stating clearly and in detail his objections and the reasons therefor. Except for such protests and objections as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived, and does hereby waive, all claims for extra work, damages, and extensions of time on account of demands, instructions, rulings, and decisions of the District Engineer. (ii) Should CONTRACTOR claim that additional compensation is due it because of an unforeseen condition, CONTRACTOR shall bring that to DISTRICT’s attention promptly and within ten (10) days and shall submit a written request for change order within ten (10) days to DISTRICT. (c) Request for Change Order – DISTRICT Form to Be Used. DISTRICT’s Request for Change Order form, which is attached hereto as part of this AGREEMENT, shall be the form that must be submitted in a timely fashion for a request for either additional time or additional compensation. By initialing, the CONTRACTOR specifically agrees to use said form for those purposes and understands that, if he does not submit that form in a timely manner, he waives the right to request additional time or compensation. No oral modifications or other forms of communication shall be accepted as compliance with this provision. The written request for change order requirement cannot be waived. Contractor’s Initials ________ (d) Change Order. Should DISTRICT agree that a change order is warranted for either additional time or compensation, a written change order shall be executed. If DISTRICT does not agree to the change order, and CONTRACTOR has provided timely notices and CMSD A-6 Agreement 2025 submitted its written request for change order in a timely manner and on the proper form, CONTRACTOR will have preserved the issue for later resolution in compliance with other procedures set forth in this AGREEMENT or as the law may otherwise allow. (e) Change Order Authority. The following authority is given to approve Change Orders: (i) Change Orders for Extra Time. The General Manager shall have the authority to grant extra days without limit. (ii) Change Orders for Extra Compensation. The General Manager shall have the authority to make change orders up to an aggregate amount of Ten Percent (10%) of the original contract amount or Fifteen Thousand Dollars ($15,000), whichever is greater. 22. Damages / Extra Work Compensation. The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the following damage formula shall be used to measure all of CONTRACTOR’s damages or extra work required by this PROJECT. CONTRACTOR shall be limited to the following: Direct costs Mark-up Labor 20% Materials 15% Equipment Rental 15% Other Items 15% Subcontracted work 10% (first $5,000) Subcontracted work 5% (work in excess of first $5,000) Specialty Subcontracting (required by extra work) 5% (Provided at least three (3) competitive bids are obtained and CONTRACTOR selected the lowest bidder) Excluded from recovery shall be so-called “Eichleay damages,” including, but not limited to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest. CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this Section. Contractor’s Initials ________ SUBCONTRACTING 23. Subcontracting. CONTRACTOR acknowledges that he or she is aware of the CMSD A-7 Agreement 2025 provisions of the “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Sections 4100 et seq.) and agrees to comply with all applicable provisions thereof. If any part of the work to be done under this AGREEMENT is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this AGREEMENT. Upon request, certified copies of any or all subcontracts shall be furnished to DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve CONTRACTOR of any part of his responsibility under the AGREEMENT. Pursuant to Public Contract Code Section 4110, CONTRACTOR’s violation of any of the provisions of the Subletting and Subcontracting Fair Practices Act violates this AGREEMENT, and DISTRICT may cancel this AGREEMENT or assess CONTRACTOR a penalty of not more than 10 percent (10%) of the subcontract involved. DISTRICT may deduct this penalty from any monies due or that may become due to CONTRACTOR for work performed under this AGREEMENT. All persons engaged in the work, including subcontractors, will be considered as employees of CONTRACTOR. CONTRACTOR will be held responsible for their work. DISTRICT will deal directly with and make all payments to CONTRACTOR. STOP NOTICES 24. Additional Costs. Pursuant to Civil Code Section 9358, upon receipt of a stop notice, DISTRICT shall withhold from payment to CONTRACTOR sufficient funds due, or to become due, to pay the claim stated in the stop notice and provide for DISTRICT’s reasonable costs of litigation. One hundred twenty-five percent (125%) of the amount of the claim stated in the stop notice shall be a reasonable amount to withhold. In addition to the remedies authorized by law, CONTRACTOR shall reimburse DISTRICT for administrative expenses incurred in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in CONTRACTOR’s payment bond. DISTRICT shall have the right to deduct any such expenses from amounts due or to become due to CONTRACTOR under this AGREEMENT. COMPLETION 25. CONTRACTOR’S Waiver. CONTRACTOR agrees to execute a Final Close Out Agreement and Release of All Claims on DISTRICT’s form (attached). The execution by CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a waiver of all claims against DISTRICT under or arising out of this AGREEMENT unless otherwise stated in said document. 26. Guarantees. CONTRACTOR shall, and hereby does, guarantee all work for a period of one (1) year after the date of acceptance of the work by the DISTRICT and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefor immediately on demand. This guarantee shall be in addition to any manufacturer or specific guarantees that may be required. CONTRACTOR shall provide those manufacturer and specific guarantees before CONTRACTOR may claim entitlement to final payment. CMSD A-8 Agreement 2025 INDEMNIFICATION 27. Indemnity. CONTRACTOR shall indemnify, defend with legal counsel approved by DISTRICT, and hold harmless DISTRICT, and its officers, officials, employees, and volunteers, from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees, and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the DISTRICT. Should conflict of interest principles preclude a single legal counsel from representing both DISTRICT and CONTRACTOR, or should DISTRICT otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the DISTRICT its costs of defense, including without limitation reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the DISTRICT and its officers, officials, employees, and volunteers with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this AGREEMENT. CONTRACTOR’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of DISTRICT under any provision of this AGREEMENT, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT for liability attributable to the active negligence of DISTRICT, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where DISTRICT is shown to have been actively negligent and where DISTRICT’s active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of DISTRICT. Notwithstanding any limits provided for indemnification, CONTRACTOR’s duty to defend is broader. CONTRACTOR agrees to provide DISTRICT with a defense, with counsel reasonably acceptable to DISTRICT, or pay DISTRICT’s costs of defense upon service of any complaint, petition or other pleading that requires DISTRICT to defend itself in any proceeding arising out of the work described in this AGREEMENT. Said obligation shall not extend to disputes between CONTRACTOR and DISTRICT. INSURANCE 28. Insurance. Without limiting CONTRACTOR’s indemnification of DISTRICT, and prior to commencement of work, CONTRACTOR shall obtain, provide, and maintain at its own expense during the term of this AGREEMENT policies of insurance of the types and amounts described below and in a form satisfactory to DISTRICT. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily CMSD A-9 Agreement 2025 injury, personal injury, and property damage, including, without limitation, blanket contractual liability, and a $2,000,000.00 completed operations aggregate. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office Form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000.00 that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:  A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;  Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies; and  Policies shall “follow form” to the underlying primary policies.  Insureds under primary policies shall also be insureds under the umbrella or excess policies. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000.00) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 of the Labor Code, for all of the subcontractor’s employees. CONTRACTOR shall submit to DISTRICT, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of DISTRICT and its officers, agents, employees, and volunteers. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to DISTRICT providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000.00 per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the PROJECT site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after PROJECT completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The DISTRICT, and its officials, officers, agents, and employees, shall be CMSD A-10 Agreement 2025 included as insureds under the policy. Proof of insurance. CONTRACTOR shall provide certificates of insurance to DISTRICT as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by DISTRICT’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with DISTRICT at all times during the term of this AGREEMENT. DISTRICT reserves the right to require complete, certified copies of all required insurance policies at any time. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by CONTRACTOR or his agents, representatives, employees, or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. DISTRICT and its officers, officials, employees, and agents shall continue as additional insureds under such policies. DISTRICT’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, DISTRICT has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by DISTRICT will be promptly reimbursed by CONTRACTOR or DISTRICT will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, DISTRICT may cancel this AGREEMENT. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the DISTRICT’s Counsel. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against DISTRICT and its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against DISTRICT and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of AGREEMENT provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the DISTRICT, nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. CMSD A-11 Agreement 2025 Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide DISTRICT with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Description of Operations. The following wording must be added to the policy: “all operations: Costa Mesa Sanitary District, their elected and appointed officials, agents, officers, volunteers, and employees listed as Additional Insured – Pursuant to attached endorsement.” Changes in Coverages. The following wording must be added to the policy by endorsement: “Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after the written notice is given to the District.” Excess (or Primary) and Non-contributing. The following wording must be added to the policy by endorsement: “Any other insurance maintained by the Costa Mesa Sanitary District shall be excess and non-contributing with the insurance provided by this policy. Additional insured status. General liability policies shall provide or be endorsed to provide that DISTRICT and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. DISTRICT’s right to revise requirements. The DISTRICT reserves the right, at any time during the term of the AGREEMENT, to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the DISTRICT and CONTRACTOR may renegotiate CONTRACTOR’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by DISTRICT. DISTRICT reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by DISTRICT. Timely notice of claims. CONTRACTOR shall give DISTRICT prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in his/her/its own judgment may be necessary for its proper protection and prosecution of the work. 29. Workers’ Compensation. A. CONTRACTOR shall carry Workers’ Compensation Insurance, and require all subcontractors to carry Workers’ Compensation Insurance, as required by the Labor Code of the State of California. CONTRACTOR, by executing this AGREEMENT, hereby certifies: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ 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 AGREEMENT.” CMSD A-12 Agreement 2025 B. CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make false statements about employees that misclassify their job duties to obtain lesser premium costs or for other improper purposes. CONTRACTOR agrees that if it makes false statements about its employees for the purpose of obtaining lower workers’ compensation premiums or for other unlawful purposes, it shall be considered a material breach of this AGREEMENT. 30. Bonds. Within the time period set forth in the CONTRACT DOCUMENTS and prior to commencing the work on the PROJECT, the CONTRACTOR shall file with the DISTRICT a good and sufficient labor and material payment bond (Payment Bond) and a performance bond (Performance Bond) in the amount of one hundred percent (100%) of the Contract Sum covering performance of the work other than the professional design services portion of the work. The Performance Bond and Payment Bond shall be in the form required by the CONTRACT DOCUMENTS. The amounts of the Payment Bond and Performance Bond shall be increased as, when, and in the amount of any Change Orders that are executed increasing the Contract Sum, the CONTRACTOR shall, upon request by the DISTRICT, provide evidence of such increases. Should the Payment Bond or Performance Bond or any Surety on such bond become or be determined by the DISTRICT to be insufficient, it shall be replaced within ten (10) days by a bond that fully complies with the requirements of this Section. No further payments to the CONTRACTOR for the work performed shall be made or due until the CONTRACTOR has fully complied with the requirements of this Section. Duration. The Payment Bond shall remain in effect until acceptance of the work by the DISTRICT and payment of all stop notices and claims by the CONTRACTOR or the subcontractors, of any tier, have been satisfied. The Performance Bond shall remain in effect and assure faithful performance of all the CONTRACTOR’s obligations under the CONTRACT DOCUMENTS, including, without limitation, all obligations that survive final completion or termination, such as, but not limited to, CONTRACTOR’s warranty, commissioning, and indemnity obligations. Surety. At the time the AGREEMENT is signed, and at all times thereafter until final payment has been made by the DISTRICT, the Surety on the Payment Bond shall be an Admitted Surety, and the Surety on the Performance Bond shall be a licensed Surety in good standing with the California Department of Insurance and have an A.M. Best’s Insurance Rating of not less than A-: VI. Premiums. The premiums for all bonds are included in the Contract Sum and shall be paid by the CONTRACTOR. Obligee. The Payment Bond and Performance Bond shall each name the DISTRICT as obligee. All bonds purchased by the subcontractors shall name the CONTRACTOR and the DISTRICT as dual obligees. No exoneration. Changes, Change Orders, Unilateral Change Orders, Field Orders, modifications, and adjustments to the Contract Sum or completion date shall in no way release or exonerate the CONTRACTOR or its Surety from their obligations, and notice thereof shall be waived by the Surety. The foregoing provision shall be included in the terms of the Payment Bond, Performance Bond, and any bonds obtained by the subcontractors. Communications. The DISTRICT shall have the right to communicate with the CONTRACTOR’s Sureties with respect to matters that are related to the CONTRACTOR’s CMSD A-13 Agreement 2025 performance of its obligations under the CONTRACT DOCUMENTS. CONTRACTOR shall be provided with a copy of all such written communications. Such communications shall not create, or be interpreted as creating, any contractual relationship between the DISTRICT and the Surety. No limitation. The requirements of this Section pertaining to the Performance Bond and the Payment Bond shall be without limitation to any other obligations the CONTRACTOR may have under applicable law to provide bonding for the benefit of and to assure payment to the subcontractors or subconsultants performing the work for the PROJECT. TERMINATION 31. Termination. A. If CONTRACTOR should fail to comply with any of the provisions hereof, in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall have the right to hold CONTRACTOR in default and cancel this AGREEMENT in whole or in part. B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this AGREEMENT, DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as DISTRICT may deem expedient after three (3) day notice in writing, delivered or mailed to CONTRACTOR at his last address on file with DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by DISTRICT from any money due or that may become due CONTRACTOR. C. Without limiting any rights which DISTRICT may have by reason of any default by CONTRACTOR hereunder, DISTRICT reserves the right to terminate this AGREEMENT in whole or in part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to deduction for previous payments and authorized deductions, by: (i) reimbursing CONTRACTOR for all actual expenditures and costs incurred in performing under this AGREEMENT, (ii) reimbursing CONTRACTOR for all expenditures made and costs incurred with DISTRICT’s prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this AGREEMENT, and (iii) paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire AGREEMENT estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however, will the compensation to CONTRACTOR exceed the total AGREEMENT price less payments previously made and less the AGREEMENT price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this AGREEMENT, (ii) immediately cancel all existing orders and subcontracts made hereunder, and (iii) immediately transfer to DISTRICT all materials, supplies, work-in-process, appliances, facilities, equipment, machinery, and tools acquired by CONTRACTOR in connection with the performance of this AGREEMENT. CLAIM RESOLUTION 32. Resolution of Claims. For all claims that are Three Hundred Seventy-Five Thousand Dollars ($375,000.00) or less, the provisions of Public Contracts Code Sections 20104 CMSD A-14 Agreement 2025 et seq. (Article 1.5 - Resolution of Construction Claims) shall be followed. 33. Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR upon receipt of any third-party claim related to the AGREEMENT. CONTRACT DOCUMENTS AND INTERPRETATION 34. (a) Other Documents Included. It is further agreed by the parties hereto that the following documents are incorporated herein by reference and are to be read and construed together as the full, complete, and integrated terms of this AGREEMENT and, collectively with this AGREEMENT, may be referred to as the CONTRACT DOCUMENTS: A. Notice Inviting Bids B. Instructions to Bidders C. General Provisions D. Proposal E. Construction Plans F. District Public Works Standard Plans G. District Request for Change Order/Change Order H. Notice to Proceed I. Labor and Materials Bond J. Performance Bond K. Final Closeout Agreement (b) Interpretation of Incorporated Documents. In the event of any conflict, inconsistency or incongruity between the provisions of this AGREEMENT and the provisions of any document listed in Subsection (a) above, the provisions of this AGREEMENT shall prevail unless a contrary intent is shown. This AGREEMENT shall be interpreted as though it had been drafted by the DISTRICT and the CONTRACTOR equally. This AGREEMENT shall be interpreted according to the laws of the State of California. 35. Integration/No Oral Modifications. This AGREEMENT integrates all understandings of the parties. Any amendment to this AGREEMENT must be made in writing and signed by the parties with legal authority to execute the same. CONTRACTOR is aware that DISTRICT is a special district and that, pursuant to Health and Safety Code Section 6487, contract amendments may only be entered into by compliance with those formalities. Notwithstanding the above, requests for additional time or compensation may be made by following the procedures provided for in this AGREEMENT. 36. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision. MISCELLANEOUS 37. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin, or sex. CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job CMSD A-15 Agreement 2025 opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209]. 38. Equal Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled “Equal Employment Opportunity” and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60). 39. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24, sub-part F, the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by: (a) Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and specifying the action it will take against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: 1. Degrees of drug abuse in the workplace; 2. The policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that every employee to be engaged in the performance of the AGREEMENT be given a copy of the statement required by Subsection (a); (d) Notifying employees in the statement required by Subsection (a) that as a condition of employment under the AGREEMENT the employee will: 1. Abide by the term of the statement; and 2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e) Notifying DISTRICT in writing within ten (10) calendar days after receiving notice under Subsection (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the DISTRICT; (f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under Subsection (d)(2), with respect to any employee who is so convicted: 1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug-free workplace through CMSD A-16 Agreement 2025 implementation of Sections (a), (b), (c), (d), (e), and (f). 40. Permits. The CONTRACTOR shall obtain from the DISTRICT, County, City, State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job. 41. Assignment. No assignment by the CONTRACTOR of this AGREEMENT or any part hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless such assignment has had prior written approval and consent of the DISTRICT and the Surety. 42. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR’s responsibility to keep the site in a clean, neat, and orderly condition. It shall also be CONTRACTOR’s duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. 43. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215. 44. Trenching. If this AGREEMENT involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the DISTRICT in writing, of any: (a) Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. (b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the AGREEMENT. The DISTRICT shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of, or the time required for, performance of any part of the work shall issue a change order in accordance with the procedures described in this AGREEMENT. In the event that a dispute arises between the DISTRICT and the CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT but shall proceed with all work to be performed under the AGREEMENT. The CONTRACTOR shall retain any and all rights provided either by this AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties provided that CONTRACTOR complies with Section 21 when asserting such claim. 45. Notices. The parties hereto agree that all formal notices required by this AGREEMENT may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows: CMSD A-17 Agreement 2025 DISTRICT: Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, CA 92626 CONTRACTOR: ____________________________ ____________________________ ____________________________ ____________________________ 46. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to DISTRICT’s employees, agents or representatives with a view toward securing this AGREEMENT or securing favorable treatment with respect thereto. 47. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage relationship with, and that it is not in any way associated with, any architect, engineer or other preparer of the plans and specifications for this PROJECT. 48. Copeland “Anti-Kickback” Act. If applicable to this AGREEMENT, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland “Anti- Kickback” Act (18 U.S.C. Section 874), as supplemented in Department of Labor regulations, which Act provides that each contractor shall be prohibited from including, by any means, any person employed in the construction, completion or repair of any public work to give up any part of the compensation to which he is otherwise entitled. 49. Attorney’s Fees. In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONTRACTOR’s duty to provide DISTRICT with a defense at CONTRACTOR’s cost when DISTRICT receives a complaint, petition or other pleading from a third party requiring DISTRICT to defend itself. Notwithstanding the foregoing, costs and attorney’s fees shall be available pursuant to Code of Civil Procedure Section 386.6 in connection with an interpleader. 50. Assignment of Rights. Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties. 51. SCAQMD and CARB Compliance. CONTRACTOR agrees to comply with all South Coast Air Quality Management District (SCAQMD) and California Air Resources Board (CARB) requirements, including, but not limited to, compliance with CARB Regulations limiting idling of self-propelled diesel-fueled on-road and off-road vehicles and equipment (25 HP and up) to no more than five (5) consecutive minutes as specified in Title 13 of the California Code of CMSD A-18 Agreement 2025 Regulations, section 2449 (d)(3), Idling. 52. Mined Construction Materials. CONTRACTOR shall not purchase mined construction material except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for qualified mining operations at www.consrv.ca.gov/OMR/ab_3098_list/current_list. IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT the date and year first above written. ATTEST: COSTA MESA SANITARY DISTRICT: _________________________________ __________________________________ General Manager APPROVED AS TO FORM: CONTRACTOR: _________________________________ District Counsel Name: APPROVED AS TO CONTENT: Address: __________________________________ _________________________________ District Engineer __________________________________ By: ______________________________ Title:_____________________________ CMSD A-19 Agreement 2025 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA) (INDIVIDUAL)/(CORPORATION) ss. COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said state, personally appeared who 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 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________ (Notary Public) RCO No. COSTA MESA SANITARY DISTRICT MANHOLE SURFACE REPAIRS Project No. 505 REQUEST FOR CHANGE ORDER (Payment or Time) DATE: NOTICE: Conditions arising that would support a request for payment for additional work or time extension must be brought to the District's attention within ten (10) days, and a Request for Change Order for additional work/time extensions must be filed within fifteen (15) days. THIS FORM MUST BE USED. (See Contract Section 5.) Circumstances supporting payment for additional work/time: 1) Describe why payment should be granted. Attach any more detailed discussion, with backup documents as an exhibit. (Remember: damages have been contractually limited on this job. See Section 28 of the Contract.) 2) Describe the delay and why a time extension is appropriate. Provide any backup documents as may be necessary to support the request. You must demonstrate how the critical path was impacted. Contractor: Submitted by: Name: District: Construction Manager's Approval: Engineer's Approval: By: By: NOTE: Approval of this request for change order is only effective upon District approval of the change order. Change Order approved/denied by: