Project 183-2 - Specifications - 2010-07-23 COSTA MESA SANITARY DISTRICT
ORANGE COUNTY CALIFORNIA
CONTRACT SPECIFICATIONS
FOR
BRISTOL STREET SEWER REPLACEMENT
N/O RANDOLPH AVENUE
Project No. 183-2
July 2010
Contract Time: 30 Working Days
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Robin B Hamers
District Engineer
Costa Mesa Sanitary District
BID SET NUMBER
6
BRISTOL STREET SEWER REPLACEMENT
N/O RANDOLPH AVENUE
Project No. 183-2
TABLE OF CONTENTS
NOTICE INVITING SEALED PROPOSALS (BIDS)
BID PROPOSAL
STANDARD SPECIFICATIONS
SPECIAL PROVISIONS
SOILS INNVESTIGATION
CITY OF COSTA MESA STANDARDS
1 ENCROACHMENT PERMIT REQUIREMENTS
2. CITY OF COSTA MESA STD DWG. NO. 813
COSTA MESA SANITARY DISTRICT STANDARDS
3. CMSD STD. DWG.NO 5-100
4. CMSD STD. DWG.NO S-103
5. CMSD STD DWG.NO S-104-A
6. CMSD STD DWG.NO 5-112
COSTA MESA SANITARY DISTRICT CONSTRUCTION AGREEMENT
COSTA MESA SANITARY DISTRICT
ORANGE COUNTY CALIFORNIA
NOTICE INVITING SEALED PROPOSALS(BIDS)
NOTICE IS HEREBY GIVEN that the Board of Directors of the Costa Mesa Sanitary District invites
and will receive sealed proposals (bids) for furnishing all labor materials, equipment, transportation,
permits, and other items necessary for the construction of the following project:
BRISTOL STREET SEWER REPLACEMENT
N/O RANDOLPH AVENUE
Project No. 183-1
Bids will be received by the Costa Mesa Sanitary District office at 628 West 19th Street, Costa Mesa,
California until the hour of 10:00 a.m. on the 7th day of September 2010, at which time they will be
opened publicly and read aloud in the council chambers. Sealed proposals shall bear the title of the
project and the name of the bidder. Any bid received after the scheduled bid opening time shown above
will not be accepted and returned to the bidder unopened. It shall be the sole responsibility of the bidder
to seal and deliver the bid proposal to the District office at or before the time specified in this notice
provided.
A set of the approved contract documents including plans and specifications may be obtained at the
District office or requested by phone at (949) 645-8400 Extension 229 for a non-refundable payment of
$30.00. An additional payment of$15.00 will be required to cover shipping costs.
The Contractor shall comply with the provisions of the California Labor Code, the prevailing rate and
scale of wages determined by the Director of the Department of Industrial Relations, State of
California. Prevailing rates shall be paid to all workers employed in the performance of the contract.
Such rates of wages are on file with Department of Industrial Relations and in the office of the District
and are available to any interested party upon request. The contractor is responsible for all penalties
prescribed for noncompliance to these provisions.
Each bid shall be submitted on the Bid Proposal Form furnished as part of the contract documents, and
shall be accompanied by a certified check, a cashier's check or a bidder's bond in an amount not less than
10-percent of the amount of the bid, made payable to the Costa Mesa Sanitary District. The check or
bond shall be given as guarantee that the bidder will enter into a contract with the District and furnish the
required payment and performance bonds and certificates of insurance and endorsements if awarded the
work. The check or bond will be declared forfeited if the successful bidder does not enter into the
contract or furnish the required bonds and insurance forms under the time frame specified in the
construction agreement.
It is imperative that the bidders carefully review this notice and the District's standard construction
agreement and insurance forms. The successful bidder will be required to comply with all requirements
in the standard construction agreement and insurance forms. In the event of failure or inability to meet
these requirements after the award of contract, the District shall have the right to reject the bid and/or
declare a forfeiture of the bid bond.
Pursuant to California Contract Code Section 22300, CONTRACTOR will be entitled to post approved
securities with the District or an approved financial institution in order to have the District release funds
retained by the District to insure performance of the contract.
CMSD Project No. 183-2 Notice Inviting Scaled Proposals (Bids)— 1 of 2
Liquidated damages in the sum of$250 per day shall be imposed for each unexcused thy beyond the
contract completion date.
The Board of Directors of the District reserves the right to select the schedule(s) under which the bids are
to be compared and contract(s)awarded, to reject any and all bids, and to waive any and all irregularity in
any bid.
Dated: July 27 2010 BY ORDER OF THE BOARD OFDIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
CMSD Project No. 183-2 Notice inviting Scaled Proposals (Bids)—2 of 2
COSTA MESA SANITARY DISTRICT
ORANGE COUNTY CALIFORNIA
BID PROPOSAL FORM
BRISTOL STREET SEWER REPLACEMENT
N/O RANDOLPH AVENUE
Project No 183-2
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:
CM SD Project No. 183-2 Bid Proposal Form— 1 of 9
CMSD SEWER REPLACEMENT PROJECT NO. 183-2
SCHEDULE OF WORK ITEMS (SCHEDULE A)
BRISTOL STREET SEWER REPLACEMENT
N/O RANDOLPH AVENUE
BID APPROX. UNIT TOTAL
DESCRIPTION
ITEM QUANTITY PRICE AMOUNT
1 Lump Sum Bonds, Insurance, and Permits: Work under this item
includes any costs incurred for securing bonds, Lump
insurance permits and financing for construction work. Sum $
2 Lump Sum Mobilization, Demobilization and Cleanup. Work
under this item shall include preparatory and cleanup
operations including, but not limited to, those
necessary for the movement of personnel, equipment,
materials, and incidentals to and from the project site,
securing a temporary construction yard, and
maintaining the project site in a safe and orderly Lump
manner during construction. Sum $
3 Lump Sum Traffic Control: Furnish all labor, materials, and
equipment for the installation and removal of the
required traffic control including, but not limited to,
changeable message boards, signs, delineators, traffic
cones, barricades, flashing arrow signs, steel plates,
and all other traffic control devices necessary to Lump
comply with the traffic control drawings. Sum $
4 Lump Sum Geotechnical Evaluation During Construction: Work
under this item shall include laboratory testing of
trench backfill, aggregate base, asphalt, and concrete
during construction. Work under this item shall also
include the monitoring of batch time, temperature, mix
designs, and placement time for all pavement
replacement.
Note: Contractor shall provide a report(4 copies) .of
the geotechnical observation and testing Lump
upon project completion to the District. Sum $
S Lump Sum Provide Diversion Plan for Existing Sewage Flow
During Construction. Work under this item shall
include, but is not limited to, pumps, temporary hoses
or piping, pumper trucks, plugs, and all other
equipment necessary to provide diversion of existing Lump
sewage flow during construction complete in place. Sum $
6 Lump Sum Replace Pavement Striping: Work under this item
shall include furnishing and installing all labor,
material, and work necessary to replace existing
pavement striping damaged dunng construction to Lump
original condition complete in place. Sum $
CM SD Project No. 183-2 Bid Proposal Form—2 of 9
CMSD SEWER REPLACEMENT PROJECT NO.183-2
SCHEDULE OF WORK ITEMS (SCHEDULE A)
BRISTOL STREET SEWER REPLACEMENT
N/O RANDOLPH AVENUE
RID APPROX. UNIT TOTAL
DESCRIPTION
ITEM QUANTITY PRICE AMOUNT
7 175 LF Remove Existing 8-inch VCP sewer and Install New 8-
inch PVC SDR 35 Sewer Main With Gasketed Joints
Per Plans and Specifications. Work under this item
shall include, but is not limited to, temporary paving
and patching or trench plates, trench excavation,
control of ground water and surface water bedding,
backfill, and compaction per City Standard 813,
installation of pipe and fittings, removal or protection
of interfering portions of existing utilities or
improvements, temporary and permanent support of
utilities, disposal of excess excavation materials and all
other work necessary to install the sewer main
complete in place.
Work under this item shall also include adequate
sheeting, shoring and bracing or equivalent methods
for the protection of the life and limb, which shall
comply to applicable safety orders including, but not
limited to, planning, designing, engineering,
furnishing, constructing, and removing temporary
sheeting, shoring and bracing, and any other work
necessary to conform to the requirements of any
permits, OSHA and the Construction Safety Orders of$
the State of California, pursuant to the provisions of
Section 6707 of the California Labor Code. LF $
8 3 each Remodel and reconnect Existing 6-inch VCP Sewer
Laterals Per Plans and Specifications. Work under
this item shall include, but is not limited to
remodeling lateral connections, temporary paving
and patching or trench plates, trench excavation,
control of ground water and surface water, trench
restoration including bedding, backfill, and
compaction per City Standard 813, and base
pavement, protection of existing utilities or
improvements, temporary and permanent support of
utilities, disposal of excess excavation materials and
all other work necessary to reconnect the sewer
laterals complete in place. $
Each $
9 1 Each Modify Manhole Channel per Detail 2 on Sheet 3 of
Plans: Work under this item shall include furnishing $
and installing all labor material, and work necessary to
modify manhole channel complete in place. Each $
CMSD Project No. 123-2 Bid Proposal Form—3 of 9
CMSD SEWER REPLACEMENT PROJECT NO.183-2
SCHEDULE OF WORK ITEMS (SCHEDULE A)
BRISTOL STREET SEWER REPLACEMENT
N/O RANDOLPH AVENUE
BID APPROX. UNIT TOTAL
DESCRIPTION
ITEM QUANTITY PRICE AMOUNT
10 2 Each Remove Existing Channel and shelf 2' in depth
(minimum) and Pour New Manhole Base and Channel
To Match Proposed Sewer Grades Per CMSD Std.
Dwg. No. S-100• Work under this item shall include
furnishing and installing all labor, material, and work$
necessary to pour new manhole base and channel
complete in place. Each $
11 Lump Sum Pavement Replacement per City of Costa Mesa Std.
813 and Detail 1 on Sheet 3 of Plans: Work under this
item shall include all material and labor for pavement
replacement including final asphalt concrete pavement Lump
installation, except for paving for bid item#13. Sum $
TOTAL AMOUNT OF
ITEMS 1 THROUGH 11 $
(TOTAL IN WORDS—SCHEDULE A)
Additive Lump Sum Remove Existing Private 6-inch VCP Sewer Lateral
Bid Item and Construct New 6' PVC SDR35 Private Sewer
B1 Lateral Per Plans and Specifications. Work under
this item shall include, but is not limited to testing,
temporary paving and patching or trench plates,
trench excavation, control of ground water and
surface water trench restoration including bedding,
backfill, compaction, and base pavement, protection
of existing utilities or improvements, temporary and
permanent support of utilities, disposal of excess
excavation materials and all other work necessary to
remove and construct the sewer lateral complete in $
place, including final paving and striping.
Lump
Sum $
Bidders Initials
Note: In case of a discrepancy between the words and figures, the words shall prevail.
CMSD Project No. 183-2 Bid Proposal Form—4 of 9
The Contractor agrees that the District will not be held responsible if any of the approximate
quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for
damages or for loss of profits because of a difference between the quantities of the various classes of
work as estimated and the work actually done. If any error, omission or mis-statements shall be
discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor
from the execution and completion of the whole or part of the work herein specified, in accordance with
the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefor or
excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or
compensation otherwise than as provided for in this contract.
The Contractor agrees that the District shall have the right to increase or decrease the quantity of
any bid item or portion of the work or to omit portions of the work as may be deemed necessary or
expedient, and that the payment for incidental items of work, not separately provided in the proposal
shall be considered included in the price bid for other various items of work.
Accompanying this proposal is
�$ ).
NOTICE: Insert the words 'Cash' 'Certified Check' or 'Bidder s Bond' as the case may be in an
amount equal to at least 10%of the total bid price, payable to the Costa Mesa Sanitary District.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall
be forfeited to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted
by the District and the undersigned shall fail to execute a contract for doing said work and to furnish
good and sufficient bonds in the form set forth in the specifications and contract documents of the
District with surety satisfactory to the District within 10 Days after the bidder has received written
notice of the award of the contract; otherwise, said security shall be returned to the undersigned.
Respectfully submitted,
Contractor's Business Name Contractor Title
Business Address. Street By Title
City State Zip Contractor's License, Expiration
Date&Classification
Business Phone Number
Name Title
Residence Phone Number
Bidder's Residence: Street
City State Zip
CMSD Project No. 183-2 Bid Proposal Form—5 of 9
I declare under penalty of perjury under the laws of the State of California that the forgoing is true
and correct.
Dated at this day of 20
(Signed)
The full names and residences of all persons and parties interested in the foregoing proposal, as
principals, are as follows:
NOTICE. Give first and last names in full; in case of corporation, give names of President, Secretary
Treasurer and Manager, and affix corporate seal; in all cases of partnerships and joint ventures give
names of all the individual members.
CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your background and experience for the project herein proposed, it is
requested that you submit a list of Public Works and/or similar construction projects completed, or in
progress, within the last 24 months. Your cooperation in this matter is greatly appreciated.
DATE PROJECT AGENCY'S CONTRACT
AWARDED AWARDING AGENCY ADMINISTRATOR
CMSD Project No. 183-2 Bid Proposal Form—6 of 9
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. 183-2 Bid Proposal Form—7 of 9
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. 183-2 Bid Proposal Form— 8 of 9
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. 183-2 Bid Proposal Form—9 of 9
STANDARD SPECIFICATIONS
Except as hereinafter provided, the provisions of the latest edition of the 'Standard Specifications
for Public Works Construction' (Green Book) and all amendments thereto, adopted by the Joint
Cooperative Committee of Southern California Chapter, American Public Works Association; hereinafter
referred to as Standard Specifications, are adopted as the 'Standard Specifications' of the Costa Mesa
Sanitary District and shall be considered as a part of these specifications. Also a part of these
specifications are the Costa Mesa Sanitary District's Standard Plans and Specifications for the
Construction of Sanitary Sewers.
The following additions are made to the 'Standard Specifications' If there is a conflict between
the Standard Specifications and these additions, these additions shall have first precedence.
1 2 DEFINITIONS
(a)AGENCY The Costa Mesa Sanitary District, also hereinafter called 'District'
(b)BOARD The Board of Directors of the Costa Mesa Sanitary District.
(c)CONTRACT Documents including but not limited to the Proposal, Standard Specifications,
General Provisions, Special Provisions, Plans,Bonds, Insurance, Contract
Agreement and all Addenda setting forth any modifications of the document.
(d)ENGINEER District Engineer of the Costa Mesa Sanitary District.
(e)BIDDER Any individual, co-partnership, association or corporation submitting a
proposal for the work contemplated acting directly or through a duly
authorized representative.
(f)LEGAL ADDRESS The legal address of the Contractor shall be the address of contractor given on
the Contractor's bid and is hereby designated as the place to which all notices,
letters or other communications to the Contractor shall be mailed or delivered.
(g)LABORATORY An established laboratory approved and authorized by the Engineer for testing
materials and work involved in the contract.
(h) STATE Chapter 3, Part 5 Division 3, Title 2 of the CONTRACT Government Code.
The provisions of this ACT and other applicable laws, form and constitute a
part of the provisions of this contract to the same extent as if set forth herein,
in full.
2 1 AWARD AND EXECUTION OF CONTRACT
The award of contract, if awarded, will be to the lowest responsible bidder whose proposal
complies with all requirements of the notice inviting bids. The District, however reserves the right to
reject any or all bids, and to waive any informality in the bids received. The award, if made, will be
made within 30 days after the opening of the bids.
PROCEDURE FOR PROPOSAL SUBMITTAL.
Proposal shall be made and submitted on the Proposal Forms in accordance with the Notice
Inviting Bids. In addition to the required signatures in the spaces provided in the proposal forms,
each bidder shall initial each sheet of the proposal forms at the bottom right hand corner
No person, firm, or corporation, shall be allowed to make, file, or be interested in, more than
one bid for the same work; unless alternate bids are called for A person, firm, or corporation, who
CMSD Project No. 183-2 Standard Specifications— I of 8
has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not
hereby disqualified from submitting a sub-proposal or quoting prices to other bidders. If, on the
opening of bids, more than one bid appears in which the same person, firm, or corporation, is
interested as a principal,all such bids shall be rejected.
Proposals with interlineations, alterations, or erasures, shall be initialed by the bidder's authorized
agent. Alternative proposals, special conditions, or other limitations or provisions affecting the bid, except
as such called for by the contract documents, will render the bid informal and may cause its rejection. All
proposals must give the prices hid for the various items of work and must be signed by the bidder, who
shall give his address. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and
not sham or collusive or made in the interest or behalf of any other person not therein named and that the
bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any
person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by
collusion to secure himself an advantage over any other bidder.
REQUEST FOR INTERPRETATION
If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the
plans, specifications, or other proposed contract documents, or finds discrepancies in, or omissions from
the drawings or specifications, he may request the Engineer in writing, for an interpretation or correction
thereof. The person submitting such a request shall be responsible for its prompt delivery All such
interpretations of the contract documents will be made only by Addenda duly issued and a copy of each
such Addendum will be mailed or delivered to each person receiving a set of contract documents at his
last address of record. The District will not be responsible for any other explanations or interpretations of
the contract documents.
RETURN OF BID SECURITY
Any bidder may withdraw his bid, either personally or by telegraphic or written request, at any
time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to
see that any such telegraphic or written request is delivered to the District Clerk prior to said closing time.
Bid security of such bidders will be returned promptly to the bidder
The bid security of the three lowest bidders will be retained until the contract is awarded, entered
into and executed with the bidder of accepted bid, after which those will be returned to the respective
bidders with whose proposal they accompanied. The bid security of all other bidders will be returned after
the canvass of bids.
The bid security of the bidder of accepted bid will be held by the District until the contract has
been entered into, and the bonds accompanying the same are approved and filed, whereupon the said bid
security will be returned to the bidder.
If the bidder fails or refuses to enter into contract to do the work, the bid security shall be forfeited
to the District and shall be collected and paid to the General Fund of the District.
LICENSE REQUIRED
Contractor shall have a Class A or C42 license to perform this work.
'OR EQUAL PROVISION
When otherwise specified, any product called for on these Specifications may be substituted using
the process described in Public Contract Code Section 3400
EXECUTION OF CONTRACT
The contract shall be signed by the successful bidder and returned to the District, together with the
contract bonds as specified in Section 2-4 of the Standard Specifications and as amended below and any
changes or additions made thereto in these specifications within 10 days after receipt of written notice of
CMSD Project No. 183-2 Standard Specifications—2 of 8
award of contract. The form of contract agreement to be executed by the Contractor will be supplied by
the Counsel for the District.No proposal shall be considered binding upon the District until the execution
of the contract by the District.
ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT CLAIMS
In entering into a public works contract or a subcontract to supply goods, services, or materials
pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the
awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract. This assignment shall be
made and become effective at the time the awarding body tenders final payment to the contractor, without
further acknowledgement by the parties.
MINED CONSTRUCTION MATERIAL
CONTRACTOR warrants that it will not purchase mined construction material for PROJECT
except from a mining operation that is currently identified in the list published pursuant to subdivision (b)
of Section 2717 of the Public Resources Code.
2 1 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 CON I RACT 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. 183-2 Standard Specifications—1 of 8
2-9 I 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
CMSD Project No. 183-2 Standard Specifications—4 of 8
decision, which shall be binding on all parties, unless with the 10 days thereafter the Contractor shall file
with the Board of Directors a formal protest against said decision of the Engineer The Board of Directors
shall consider and render a final decision on any such protest within 30 days of receipt of same.
3-1 1 CHANGES REQUESTED BY THE CONTRACTOR.GENERAL
Engineer shall be the duly authorized officer to grant the changes prescribed in this section.
3-3.1 EXTRA WORK. GENERAL
The extra work as defined in this section of Standard Specifications and any work done beyond
the lines and grades shown on the plans shall only he performed when ordered in writing by the Engineer
In absence of such written order any such work shall be considered unauthorized and will not be paid for
Work so done may be ordered removed at the Contractor's expense.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Prior to the commencement of construction, arrangements will be made for a meeting between
the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the
Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify
inspection procedures. The Contractor will be required to submit for approval by the Engineer, a complete
schedule showing the number of working days required to complete the project.
6-6.2 EXTENSIONS OF TIME
In the event the work called for under the contract is not finished and completed in all parts and
requirements within the time specified, the Board of Directors shall have the right to increase the number
of working days for completion or not, as may seem best to serve the interest of the District.
Except for the delays beyond Contractor's control as described in Sections 5-5 and 6-6.1, the
District shall have the right to charge the Contractor,his heirs, assigns, or sureties and to deduct from the
final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering,
inspection, superintendent and other overhead expenses which are directly chargeable to the Contractor
and which accrued during the period of such extensions except that the cost of the final services and
preparation of the final estimates shall not be included in such charges.
In addition to the above charges, Contractor shall pay to the District liquidated damages as
specified in Section 6-9 for such delays.
No extension of time for the completion of the work called for under the contract shall be allowed
unless at least 20 days prior the the time fixed for the completion thereof, or the time fixed by the Board
of Directors or its designee for such completion as extended, Contractor shall have filed application for
extension thereof, in writing, with the Engineer addressed to the Board of Directors or its designee. In this
connection it is understood that the Engineer shall not transmit any such request to the Board or its
designee if not filed within the time herein prescribed.
7 2 LABOR
The Contractor shall comply with the provisions of Section 1770 to 1780, inclusive, of the
California Labor Code, the prevailing rate and scale of wages determined by the Director of the
Department of Industrial Relations, State of California, which are filed with the Assistant Secretary of
said District, and shall forfeit penalties prescribed therefore for noncompliance of said Code. Travel and
subsistence payments shall be paid in accordance with Labor Code 1773.8 as defined in applicable
collective bargaining agreements.
In order to verify the compliance of said code, Contractor may be required by the District, from
time to time, to furnish weekly for the duration of the contract period, copies of his payroll statements
showing wages paid each employee during the preceding week and the employee work classification to
CMSD Project No. 183-2 Standard Specifications—5 of 8
the Engineer for checking. Using Form DH-H-347 Payroll Statement of Compliance is an acceptable
method of fulfilling the above requirement.
APPRENTICES
Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning
the employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any
Subcontractors under him shall comply with the requirements of said sections in the employment of
apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be
obtained from the Director of Industrial Relations, Ex-Officio the Administrator of Apprenticeship, San
Francisco,California,or from the Division of Apprenticeship Standards and its branch offices.
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 he 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. 183-2 Standard Specifications—6 of 8
7-6 THE CONTRACTOR'S REPRESENTATIVE
Contractor shall also file with the Engineer the addresses and telephone numbers where he or his
designated representative may be reached during hours when the work is not in progress.
instructions and information given by the Engineer to the Contractor's authorized representative
or at the address or telephone numbers filed in accordance with this section shall be considered as having
been given to the Contractor
7-8.1 CLEANUP AND DUST CONTROL
All surplus materials shall be removed from the site of the work daily after completion of the work
causing the surplus materials.
Unless the construction dictates otherwise, and unless otherwise approved by the Engineer
Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each
working day to keep paved areas acceptably clean whenever construction, including restoration, is
incomplete.
Failure of the Contractor to comply with the Engineer's dust control orders may result in an order
to suspend work until the condition is corrected; and after filing notice to the Contractor the Engineer
may order this accomplished by others. All costs thus incurred shall be deducted from the amount to be
paid to the Contractor. No additional compensation will be allowed as a result of such suspension.
No separate payment will be made for any work performed, of material used, to control dust
resulting from the Contractor's performance on the work, or by public traffic, either inside or outside the
right of way Full compensations for such dust control will be considered as included in the prices paid
for the various items or work involved.
7-8.5 TEMPORARY LIGHT POWER AND WATER
The Contractor shall provide for his employees and adequate supply of clean potable drinking
water which shall be dispensed through approved sanitary facilities.
7 10 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall abide by the following publications which are hereby made a part of these
specifications:
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/OSI-IA).
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
CMSD Project No. 183-2 Standard Specifications— 7 of 8
plans, drawings, specifications or contract for the work in relation to any such law ordinance, regulation,
order or decree, the Contractor shall forthwith report the same to the Engineer in writing.
9-3.1 PAYMENT GENERAL
Contractor is reminded that the unit and lump sum prices shown in the proposal shall be full
compensation for the items of work described in the proposal including all incidental, appurtenant, or
related work and materials, whether or not mentioned or specified, required to deliver the final product
shown on the plans. Contractor shall have examined the contract documents and site and shall include in
his bid furnishing all materials, labor equipment, tools, incidental, appurtenant, or related work to
complete the job in order that no separate work or compensation is needed to complete the work.
9-3.2 PARTIAL. AND FINAL PAYMENT
The lead time for processing invoices for the monthly progress payment approved by the Engineer
for inclusion on the warrant list of the District is governed by the rules and regulations established by the
Board of Directors. Invoices for monthly payments shall be submitted to the Engineer no later than the
25th of each month.
After completion of the contract, the Board shall, upon recommendation of the Engineer, accept
the work as complete and authorize the fmal 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 fmal 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 fmal 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 Project No. 183-2 Standard Specifications— 8 of 8
SPECIAL PROVISIONS
BRISTOL STREET SEWER REPLACEMENT
N/O RANDOLPH AVENUE
Project No. 183-2
A. GENERAL SPECIFICATIONS
All construction including materials, testing, and installation shall conform to the following
specifications:
A.I Costa Mesa Sanitary District `Standard Plans and Specifications for the Construction of
Sanitary Sewers' as last revised.
A.2 Standard Specifications for Public Works Construction (SSPWC)latest edition, also referred to
as the `Grcenbook'
A.3 American Society of Test and Materials (ASTM)latest edition.
B. VITRIFIED CLAY GRAVITY SEWER PIPE(VCP)
B.1 Contractor shall furnish and install complete sewer pipe to the limits shown on the Plans
including appurtenant connections in conformance with manufacturer's installation
requirements and compliance with applicable construction safety codes and standards.
B.2 Acceptable manufacturers include: Mission Clay Pipe or approved equal.
B.3 Vitrified clay pipe and fittings shall be constructed to the following specifications:
Vitrified Clay Pipe SSPWC Section 207-8
Compression Type 'G' Joint SSPWC Section 208-2.3
C. POLYVINYL CHLORIDE GRAVITY SEWER PIPE(PVC)
C.1 Contractor shall furnish and install complete sewer pipe to the limits shown on the Plans
including appurtenant connections in conformance with manufacturer's installation
requirements and compliance with applicable construction safety codes and standards.
C.2 Acceptable manufacturers include: J-M Manufacturing Company Certainteed Corporation, or
approved equal.
C.3 Polyvinyl chloride pipe and fittings shall be constructed to the following specifications:
Polyvinyl Chloride Pipe SSPWC Section 207 17
Elastomeric Gasketed Joints SSPWC Section 208-17.3.2
CMSD Project No. 183-2 Special Provisions— 1 of 2
D WARRANTY AND SHOP DRAWINGS
The Contractor shall guarantee all materials to be new and all materials and workmanship to be free
from defects for a period of one year from the date of written acceptance of the completed work by
the Board of Directors of the Costa Mesa Sanitary District.
The Contractor shall provide three (3) copies of shop drawings including catalog data, installation
instructions, and certificates of compliance prior to purchasing or installing any materials.
CMSD Project No. I 81-2 Special Provisions— 2 of 2
GEO-ETKA, INC
Established 1965
Soil Engineering Geology and Environmental Engineering
Material Testing and Inspections 'E�∎,..•
r1`E�'j
t cc. .
739 N.Main Street,Orange,CA 92868 Phone(714)771-6911 Fax(714)771-1278•Email:geoetka@aol.com
FOUNDATION SOILS EXPLORATION
AND
PAVEMENT DESIGN RECOMMENDATION
AT
Project # 183-2
Bristol Street
North of Randolph Avenue
Costa Mesa, California
FOR
Costa Mesa Sanitary District
628 West 19"' Street
Costa Mesa, California 92627
Date: June 9, 2010
Job No: FR 11160-10
GEO-ETKA, INC.
Job No: FR-11160-10
TABLE OF CONTENTS
DESCRIPTION PAGE NO.
Scope. 1
Proposed Construction. 1
Site Condition. 1
Soil Condition. 1
Exploration. 2
Laboratory Testing. 2
Conclusions. 3
Suitability of the Project. 3
Strength Characteristics. 3
Expansion Potential. 3
Resistance R' Value 3
Recommendations. 4
Bearing Values. 4
Earth Pressure. 4
Pavement Design. 4
Excavation and Temporary Shoring. 4
Demolition and Tree Removal 5
Grading 5
1
GEO-ETKA, INC.
Job No: FR-11160-10
DESCRIPTION
PLATES
Plot Plan A
Boring Logs 'B-1 through 'B-3'
Shear Curve 'C'
Consolidation Curves "D-1' through 'D-3'
Resistance 'R' Value `R-1' and "R-2"
Typical Temporary Excavation Detail 'TIED'
APPENDICES
I Soil Classification and Sampler
II Limitations
11
GEO-ETKA, INC,
Job No: FR-11160-10
Scope
This report presents the results of our Foundation Soils Exploration and Pavement
Design Recommendations of the site of the proposed replacement of sewer line located
at Project#183-2 Bristol Street, north of Randolph Avenue, Costa Mesa, California.
The physical location and approximate dimensions of the site are shown on the
attached Plot Plan, Plate A This plans accuracy is as good as was submitted to our
office, for dimension of the property use plans by surveyors or civil engineers.
An investigation was authorized to determine the existing soil conditions at the site and
to provide data and specific recommendations relative to the installation of the new
sewer line in accordance with our proposal dated 3-4-10 and agreement dated 5-3-10.
Refer to Appendix II for an explanation of the limitations inherent in the field.
Proposed Construction
Proposed plans are to replace the existing 8 feet deep sewer line with a new line as
shown on Plate A The area disturbed by the construction phase will be repaved.
This report is prepared for the client/owner the project engineers and the governing
agencies. Use of its contents by third parties will be at their own risk.
Chemical testing for detection of hydrocarbons or other potential contaminants is
beyond the scope of this report. Environmental assessment is not a part of the work
undertaken.
Site Condition
The site of the proposed L-shaped sewer line has a level surface. It is located along the
east side of the Bristol Street, and T's off to the west side of Bristol Street. The section
is located north of Randolph Avenue.
With reference to the site investigated, all 4 of the contiguous properties are at the same
elevation as the subject area.
Drainage is down towards the south by sheetfow
Soil Condition
The on site soil is composed of layers of sandy clay and clayey silt, extending to the
depth of the boring's 15 feet. Note that soil variations in soil type may occur between
the borings.
For a detailed soil classification refer to logs of the borings, Plates 'B-1 through 13-3"
1
GEO-ETKA, INC.
Job No: FR-11160-10
Soil Condition Icont'dl
No ground water was noted; however some of the soils are moist and may need to be
dried or substituted with drier imported sandy materials.
Man-placed fill was encountered during the course of the field investigation. All fill
found irrespective of depth or lateral extent must be removed and replaced as
compacted soil.
Exploration
The subsurface was explored by drilling 3 borings, 6 inches in diameter to a depth of 15
feet below the existing ground surface. The borings were placed in strategic locations
where the major structure is to be constructed in a manner to determine the subsurface
conditions. Approximate locations of the borings are shown on the attached Plot Plan,
Plate A
All of the borings were logged by our soils technician. Samples of both undisturbed and
disturbed soils encountered were obtained for laboratory testing and observation. Logs
of the borings are shown on Plates "B-1 through 'B-3' The soils are classified in
accordance with the Unified Soil Classification System described on an attached Plate.
This Plate also shows the type of sampler used in obtaining undisturbed samples.
Laboratory Testing
The field moisture content and dry densities of the soils encountered were determined
by performing tests on the undisturbed samples in accordance with ASTM Test Method
D-2216-05. The results of these tests are shown on the Logs of Borings, Plates 'B-1
through 'B-3' Density and field moisture information is useful as indicators of the
nature and quality of the material.
Direct shear tests were performed on selected undisturbed samples of the soils in order
to determine the strengths and supporting capacities of the soils in accordance with
ASTM Test Method 11-3080-04. The method of performing these tests is to saturate
the sample, to extrude the sample into the test apparatus, to apply the normal load, and
than to allow sufficient time to elapse to dissipate any excess hydrostatic pressure. The
sample is then subjected to a strain-controlled single plane shear test. The method of
applying the normal and shearing load is such as to allow the sample to change in
volume without producing an associated change in the normal stress. The shearing
stress is measured at a constant rate of strain of approximately 0.05 inches per minute.
Selected samples of soil were tested at confining pressures similar to those of the
materials in-situ. Additional specimens from the same samples were also tested at
increased normal pressures in order to determine the increase in shear strengths
associated with increased inter-granular pressure. The test results are plotted
graphically on Plate 'C' The resulting values are as follows:
2
GEO-ETKA, INC.
Job No: FR 11160-10
Laboratory Testing (cont'd)
Angle of Internal Cohesion
Soil Type Friction (degrees) .s.f.
Sandy clay 26 165
Sandy clay 30 20
Clayey silt 31% 50
Consolidation tests were performed on saturated specimens of the typical foundations
soils in accordance with ASTM Test Method D-2435-04. Consolidometers are
designed to receive the undisturbed soil samples and brass rings in the field condition.
Porous stones placed at the top and bottom of each specimen permit free flow of water
into or from the specimen during the test.
Successive load increments were applied to the top of the specimen and progressive
and final settlements under each increment were recorded to an accuracy of 0.0001
inch. The final settlements so obtained are plotted to determine curves shown on
Plates 'D-1 through "D-3'
CONCLUSIONS
Suitability of the Project
The site is suitable for its intended use, namely replacement of the existing 8 inch
diameter 8 feet deep sewer line. In designing the proposed sewer the criteria given in
the design section should be adhered to.
A) The construction of this project will not affect the stability of the surrounding
structures, such as walls electric poles, etc. provided all precautions needed are
followed.
B) The latest applicable unified building code is to be followed as required.
C) This report is subject to approval by the governing agencies.
Strength Characteristics
The load bearing soils possess strength parameters adequate to support the proposed
construction.
Expansion Potential
The on site surficial soil is classified as moderately expansive with an expansion index
of 62 as per 2007 CBC/ASTM D-4829-03.
Resistance 'R' Value
Resistance 'R" Value Criteria is presented on Plates 'R 1 and 'R 2'
3
GEO-ETKA, INC.
Job No. FR-11160-10
RECOMMENDATIONS
Bearing Value
A bearing value of 1,500 p.s.f. may be used.
The above bearing values may be increased 1/3 when resisting loads caused by wind or
seismic forces, providing the resultant size is not less than that obtained with dead load
and live load only
Earth Pressures
Lateral loads will be resisted by the friction between the floor slab and sub-grade as well
as the passive resistance of the soils against footings. A coefficient of friction of 0.35
may be used between slabs, footings and sub-grade.
The passive resistance of the soil may be taken to be 230 p.c.f. of E.F.P
The active lateral soil pressure may be taken as 42 p.c.f. of E.F.P
Pavement Design
Based on the test results, the design sections for Bristol Street are given below should
be approved or amended as necessary by the city prior to construction.
Asphalt Base rock
Paving Thickness
Use In Inches In inches
Bristol St. Traffic 6 18
Excavation and Temporary Shoring
Excavations on the order of 8 to10 feet will be required for the proposed sewer-line
replacement at the subject site.
Temporary excavations up to a height of 5 feet can be cut vertically If space is available
un-shored excavations in excess of 5 feet must be must be laid back at a minimum
slope of 1.5:1 :H:V (above 5 feet). See attached Plate 'TTED'
Where there is insufficient room for sloped excavations, mechanical shoring plates
(standard city specifications may be used). We recommend that Geo-Etka, Inc.
observe the excavations and shoring installation, so that necessary modifications based
on variations in the soil conditions can be made. Applicable safety requirements and
regulations, including OSHA regulations, should be met. All groundwater was not
encountered during the current investigations in the area of the proposed excavations.
Caving was not noted in the borings performed; however the chances of caving will
increase within larger scale excavations and should be anticipated in particularly
granular material.
4
GEO-ETKA, INC.
Job No: FR 11160-10
Demolition and Tree Removal
Special note should be taken during the grading so as to locate all underground items,
e.g. pipe, conduit, storage tanks, septic tanks, cesspools or leach lines, water wells,
irrigation pipe, etc.
Any septic tank found should be removed from the site.
Any seepage pit or cesspool found shall be pumped dry and filled with 2 sack slurry
concrete. The top and sides should be broken and removed if they are within 5 feet of
finished grade. If a water-well is found it shall be cut off and capped, 5 feet below
finished grade.
Any metal pipe found shall be excavated and cleared from the site. Any vitrified clay
leaching lines may be broken in place.
Any tree that has to be removed, due to the construction, should be completely
removed and the cavity backfilled as described in the grading section.
Any root found shall be excavated and cleared from the site or mulched for future
landscaping use.
All cavities should be cut in a 'V' shape so that compaction equipment will not bridge
during grading which should be conducted in the manner noted below
It is recommended that the demolition be observed so as to prevent debris from
remaining on or being buried on site. The demolition of the below grade items such as
pipes and tree root systems must be checked by the soil engineer or his representative.
Grading
Prior to the controlled grading operations, the construction area should be stripped of all
vegetation that is present and the debris removed from the site or stockpiled and
mulched for later use in the planter areas.
All disturbed soil from demolition process, loose, porous, soft and fill soil found during
grading must be removed to firm native soil and replaced as compacted soil at 90%.
During the course of grading operations, if pumping occurs it is advisable to bridge the
bottom with a crushed or angular 1-inch rock layer at least 2 feet thick. Note that in no
case should crushed miscellaneous base or washed rounded rock be utilized. A sieve
analysis must be run by this office prior to import.
The densification of the rock should be observed/probed and approved by a
representative of this office; in such cases lightweight track equipment is recommended.
5
GEO-ETKA, INC.
Job No: FR-11160-10
Grading (cont'd)
A moderate amount of grading is anticipated in the development of this site, with upto
10 feet of trench depth to be backfilled upon installation of the new sewer
It is recommended that all surface which is loose that will support patio, sidewalk slabs,
or asphalt concrete paving, and all surface which will receive fill or backfill, be scarified
to a depth of 8 inches, watered or dried to near Optimum Moisture Content and re-
compacted to a minimum of 90%.
Where fill or backfill is required, it should be placed in a maximum of 6-inch loose layers
and each layer compacted at near Optimum Moisture Content to at least 90%
compaction. Clean on site soils may be utilized as fill material. Imported fill soil should
be predominantly granular non-expansive and capable of developing the bearing
strength required for the project. All import soil must be approved by this office prior to
bringing to the site.
All utility trenches backfilled should be tested at a maximum of 2 feet in vertical height.
The City of Costa Mesa (CMSD) standard specifications for trench backfill inclusive of
bedding material is acceptable and are a part of this report.
Compaction Standard: A.S.T.M. D-1557-02.
Water-soluble sulphate content will be determined at the conclusion of the grading if
requested by the client or required by the approving agencies.
If required by the approving agency Expansion Index Test will be run at the time of
rough grading.
A grading and a sewer plan should be submitted to this office prior to starting the
grading. A pre-grade meeting is required in accordance with the City of Costa Mesa
grading code.
In order for us to provide better service, a minimum of 48 hours notice should be
provided to schedule or cancel any geo-technical work.
GEO-ETKA, INC should be retained to observe all grading operations and the required
testing for implementing the recommendations of this report. If a change in the
consultants occur Geo-Etka, Inc. must be notified in writing and all liability will shift to
the client and his consultants of record.
6
GEO-ETKA, INC.
Job No: FR-11160-10
Grading (cont'd)
If conditions are encountered during the design, approval by the governing agencies,
and/or the construction period that appear to be contrary to the findings of this report,
this office must be notified so that proper modifications may be made.
Respectfully submitted,
GEO-ETKA, INC.
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Ghayas A. Khan, •.E
Civil Engineer ' 4%,
C 38344 Expires 3-3 -11 CPCAL*
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Ahmed Ali, President
REA No. 04808
Expires 6-30-11
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yy�tlq xmnssm •• ::..........�- . L
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al
CC
V
GEO-ETKA INC
JOB NO• FR-11160-10
PLATE 'B-1
Boring One
Percent Dry
Classification Moisture Density
AC t 5' asphalt paving
AB It 19' aggregate base
.iv•
CL Gray, crushed, miscellaneous
d. base with clay moist medium
a
dense
CL Orangish brown, fine sandy clay
moist very moist slightly
firm, (native) 19 9 101 4
5 /
ML Light brown clayey silt with
gravel moist to very moist
slightly to meidum firm.
1 14 8 103 6
10
Light brown, clayey silt with
gravel moist firm.
ML Light brown, clayey silt, moist
to very moist slightly to medium
15 firm. 21 1
End of boring
• Depth of bag sample
• Depth of undisturbed sample
❑ No recovery
V Groundwater
Vertical Scale 1 = 3
GEO-ETKA, INC
JOB NO- FR-11160-10
PLATE "B-2
Boring Two
Percent Dry
Classification Moisture Density
0 AC ± 6' asphalt paving
AB ± 6' aggregate base
"14r- CL Orangish brown fine to medium
sandy clay moist to very moist,
slightly firm 17 5 109 8
CL Orangish brown fine to medium
A sandy clay moist to very
moist, slightly firm, (native @ 1& ')
5 -/
20 8 115 2
ML Light brown, clayey silt with
gravel moist slightly to
medium firm.
10 Light brwon clayey silt with
gravel very moist, slightly firm.
r ML Light brown clayey silt, moist, 30 3 93 5
very moist slightly to medum
firm_
15' _ S End of boring 26 1
O Depth of bag sample
■ Depth of undisturbed sample
No recovery
0 Groundwater
Vertical Scale 1 = 3
GEO-ETKA INC
JOB NO FR-11160-10
PLATE "B-3
Boring Three
Percent Dry
Classification Moisture Density
0 AC ± 6' asphalt paving
AB ± 12" aggregate base
CL Gray crushed miscellaneous
" base with clay moist, medium
n, dense (fill)
CL Orangish brown fine to medium 17 1 111 4
sandy clay moist, very moist
slightly firm, (native @ 2 )
5'-////e
_ Y ML Light brown, clayey silt with
gravel moist to very moist
medium firm-
." 23 8 100 6
10 ' ML Light brown, clayey silt, moist, 23 5
medium firm.
1s, y End of boring 22 9
• Depth of bag sample
• Depth of undisturbed sample
❑ No recovery
V Groundwater
Vertical Scale 1 = 3'
GEO-ETKA Inc
Job Number FR-11160-10
Plate 'C
DIRECT SHEAR TEST
2000
- r
1900 T
1800
1700
1600 Boring 1 @ 9
o
w 1500 In Boring 2 @ 10} in•� ■■■■
■
1400 ■. 1111.11.1111.01
a 1'300 ■■ Boring 3 @ 7} ■ ■■■■ 31 q
w ' 30001
0. 1200
1000
IIIIIIIIIIIP'11
1-
900 I
LI 800 :50.___
0
600 Illiliri'
H 500 Ilia, j%/,
400 '
pre;
900
200
100 0
O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
H N Cl IA b N- N 0. 0 '-4 N c'1 ? u■ '0 [- W
H '-1 H H '-1 H H H H
SURCHARGE PRESSURE POUNDS PER SQUARE FOOT
GEO-ETKA Inc
Job Number FR-11160-10
Plate 'D-1
Boring 1 @ 9 '
CONSOLIDATION TEST DATA
0 0000 ,-
0 0060
WATER ADDED
0120
0
U
z
H
a
a
m0 0180
%
H
`T0 0240
z
0
H
H
H
20 0300
0
U
0 0340
0 0420
n o 0 0 0 o
0 0 w - ro
LOAD (HIPS PER SQUARE FOOT)
GEO-ETKA Inc
Job Number FR-11160-10
Plate 'D-2
Boring 2 @ 10}
CONSOLIDATION TEST DATA
0 0000 , , r r a
0 0060
0 0120
z
U
z
H WATER ADDED
w
a
m0 0180
0
U
z
H
z
H
"0 0240
0
0
H
4 0
a X04
20 0300
z
0
U
0 0360
0 0420 , t r
0 0 0 0 0
0 0 .y N co '0
.ti
LOAD (KIPS PER SQUARE FOOT)
GEO-ETKA Inc
Job Number FR-11160-10
Plate 'D-3
Boring 3 @ 7
TEST DATA
O 0000 r r r . r , I T
O 0150
O 0300
x
U
H
Gil ote ;i.
010 0450
U
H
z
H
"0 0600 _
z
0
H
F
a
H
H
a
H 0 0750 -410th,
z
0 0900
0 1050
O O N N a CO V)
LOAD (KIPS PER SQUARE FOOT)
GEO-ETKA, INC. ,_,739 N. Main Street,Orange, CA 92868
Ph. (714) 771-6911 Fax (714) 771-1278
JOB NO.FR-11160-10 SOIL TYPE.Orangish brown, silty clay
TEST SPECIMAN A B 1 C D
Date Tested 5-27-10 5-27-10 1 5-27-10
w I Compactor Air Pressure PSI 45 40 35
o
IT Initial Moisture % 16 2 i 9 16.2
o Moisture at Compaction % 19.3 20.3 21.9
a Briquette Height In 2 58 2 63 2 49
0 Dry Density pef 105.9 105.7 103.3
EXUDATION PRESSURE psi 697 4Q3 279
EXPANSION dial (x.0001) 25 10 5
z o Ph at 1000 pounds psi 68 71 75
g Ph at 2000 pounds psi 148 153 155
are Displacement turns 5 85 6 25 7 10
,, 'R"Value 3 2 1
CORRECTED 'R' VALUE 3 2 1
100
Plate "R-1• :1 aaa.".a: :1111 a 1 :
II 111::: ::::: :::a "
:: 1.9 :....a
90 11::::11••-l•na::: ::n ::::::a:""•-t•: :
Final 'It' Value . 6.1 r 1111:1'-:
"•'
By Exudation: a : a11C11IC: : : 1111:_:: :a ':
80
11.."11 : ::
..
Less than 5 "i : 1111:: II
II
"
1 BE 1••1 :111::11:1111
By Expansion: 6 70 ata:::::I1Ia:8:1:aa a IIIIII a:
I IMIIIIIIII:a :::1a
TI(5 0) 1....1111 a.: 1111 ::1
( ) a.: :......h.. :...1...11 : a
60..."..11 :::e. :....L:=:::aaa: = 11:: : S
= 11:: men,n nee u: 1
NOTES o so 1111 :111:::111::1:11 ,..
a 1:11::4 C1'.'....III :I ::. 1■.■
Bor 11/1 —5' ::::::aa::•••••_
: I
40 1111: a:: :::MIMI:::n:11•":a9h: 11::81.9 a S'a,1 Inn
a HUM. 1 1111::
1na:::a11::. J Cz.:1.I:. en.un1I 7.Tt•. e C is 11 11 :::::
30
11111-•"aa::.:11:11:95: : 1 :m a
z0 ...0•aea'�ca = LC1a1'C 1111:::: a....1=:111 IILiC:1:11:::::IA:11„
1.12.4pic Ia:=a:1::Ia: :1111....0:i° : 1:•-•1::11::: :a:::
Min 1.. ....
::::1::11. :11111II:::::: II: ° 11::11::: :1.: °° IIII
10 .1::::11 0°4�e 10 ■ ■ .....111111....1........1 .MM..M.2a.: e:.I::1111•=.MW
=• . i:•I:.... .. : 1 :e11aa:::..: ex... e :
1l h``'.% .............1...."":1 .":::3.11..".:9..,4.."111, Henn!
♦- yr.Ciiii;11.1 u
5 e"91146 (, o :.00 OC ::::.D aa.
800 700 600 SOO •DO 3 1� 200 00 0
. 7LS_itir. Exudation Pressure PSI "
Plate 'R-1"
GEO-ETKA, INC. 739 N.Main Street, Orange,CA 92868
Ph. (714)7716911 Fax (714)771-1278
JOB NO. FR-11160-10 SOIL TYPE. Orangisb brown, fine, sandy clay
TEST SPECIMAN 1 A B C D
Date Tested 15-27-10 5-27-10_ 5-27-10
it Compactor Air Pressure psi 55 50 45
ail Initial Moisture % 12.1 12.1 12.1
5
o Moisture at Compaction % 17.0 17.6 18_.6
a Briquette Height In 2 56 2 53 2 53
0) Dry Density pcf 110 4 111.0 108.6
EXUDATION PRESSURE psi 699 457 _ 293
EXPANSION dial (x.0001) 13 7 4
Z o Ph at 1000 pounds psi 64 68 73
a Ph at 2000 pounds psi 142 149 155
C5 CC Displacement turns 6 10 _ 6.65 7.00
` "R"Value 5 3 1
CORRECTED `R' VALUE 5 3 1
100
Plate •R-2• OM 1 1e 1.... ••
... . a1,■
. . . . .... .... .. 1...10.1: 11111
1 r11111 1
Final `R' Value 90 : 11::: °° I n::
1 ::e•'••a•'••a0::0s11:smn.1...um
By Exudation: ::: 1 ::a: 1 1
Less than 5 B0 11 1:1 = 1 1'1 1
a I:: II
s:n:
....:n a e .. .1
By Expansion: 11 70 ° 11111 1111: 111 1111 1
::0 1 e:e::s::: 1110
TI(5 0) :1 1:1 a 11a::1:a::::::
_::::: s :111 :
°1 I:::s a L :: 4e 11 so :111 _ ° 00
I e C en
1 :::00
NOTES I : II 1111°:w 5° 11 _ es::::°1::1_10: 1:111
4 m : 1 :•••1i :. ::::niele°x° :i: ::•nee •••••nium
Boring 2/1 —5
' 40 8::e:e••••a01 I 11 °.:11......11 .,es:0:•.I:na es
: ...41101 °11111.11:111111111111°""a�1111111 ..:...�1I 1as 11101
I e::°1:n::::n: . . . . .:n:11111:1M n
30 il a Ma
1111 :••••e 1111 nnI.... ••••1aC'1S1 :
I 1 s1:::1 a:e•,Inn: 11M1111
20 1 II 1....4111 ..: ,
II .1111.... .. .. .. ....
41:01:: lie: °�1a ° 00•••1°•••1:g1I1e4 1••••1:1
10 I::e114e II 18°41 ::' 111 e I :••a @Ili
:::ea0::eaeaa::e,lle 00011• °:_?::::1 .... .... a:::: .. .
1 \ % .Sa .. ��. 1. �.e.,.r: t..ee:ei68;e:,n°-...1:::°'�:.5 a :..:.
6S-t„ ... 88 .. . e 5 --` ' .-.i2@ese: :0a:.�?ei=�. a1 ..1441•e.s
w ° 1 . s a:ssw....
/� C• l �_ 600 700 600 500 400 70 o. 100 0
'tea Mir. Exudation Pressure PSI
Plate R-2.
GEO-ETKA INC
Job No FR-11160-10
Plate 'TTED
LEVEL
/1/ ...
I-H
VARIES 1 Iv
5
MAX
v
BOTTOM OF EXCAVATION
TYPICAL TEMPORARY
EXCAVATION DFTAIL
GEO-ETKA INC
JOB NO FR-11160-10
SOIL CLASSIFICATION CHART
GRAPH LETTER TYPICAL
MAJOR DIVISIONS SYM SYM. DESCRIPTION
.* i° WELL GRADED
GRAVEL CLEAN - 9" GW GRAVEL AND SAND
AND GRAVELS . r
COARSE GRAVELLY - GP POORLY GRADED
GRAINED SOILS : ' i•
SOILS LESS THAN GRAVELS ; GM SILTY GRAVELS
50% PASS WITH ; . / 1
#4 FINES
GC CLAYEY GRAVELS
WELL GRADED SAND
MORE SAND
CLEAN SW NO FINES
THAN AND SAND -� _
50% SANDY POORLY GRADED
LARGER SOILS SP SAND NO FINES
THAN MORE THAN • • •I• . '
#200 50% PASS SAND ::.•
• SM SILTY SANDS
SIEVE #4 WITH
FINES
.; / SC ' CLAYEY SANDS
FINE SILTS L L ML INORGANIC SILTS
GRAINED AND LESS /
SOILS CLAYS THAN // CL INORGANIC CLAYS
50
) I OL ORGANIC SILTS
I )
MH INORGANIC SILTS
MORE SILTS L L
THAN 50% AND GREATER J
PASSING CLAYS THAN //^ CH INORGANIC CLAYS
#200 50 / /,
SIEVE / /// OH ORGANIC CLAYS
HIGHLY ORGANIC SOILS PT PEAT HUMUS
SOIL SAMPLER
FOR UNDISTURBED AMPLING
ONNECTING BRASS TUBINU CUTTING`
_COUPLING ILEEVE 2 G2S INCHES I D /) EDGE Y
i /lL ///// - _ _
1 1)J/1 BALL ”Al VF
- -__L---- -- - _�- _--
GEO-ETKA, INC.
Job No. FR-11160-10
LIMITATIONS
I. This Geotechnical Report is based upon data obtained by surface reconnaissance, limited
soil test borings, laboratory test results, and preliminary engineering analysis. No inference
should be drawn from the language of the report that the scope of the investigation was any
wider. It must be understood that although the observed and reported conditions are
considered representative, local variations of geologic and/or soil conditions may exist for
which this firm cannot assume responsibility This report was prepared upon our request for
our .services, and in accordance with accepted standards of professional practice. The
limitations of this report are also governed by the contract amount agreed to be paid by the
client.
2. This report is issued with the understanding that it is the responsibility of the owner or of
his representatives to ensure that the information and recommendations contained herein are
called to the attention of the developer, his architect, and engineers for this property so that
necessary steps are taken to implement the recommendations of this report. Failure to do so
relieves Geo-Etka, Inc. of all responsibility
3. The findings of this report are valid as of the present date. However, changes in the
conditions of a property can occur with the passage of time, whether they be due to natural
processes or to the works of man, on this or adjacent properties. In addition, chances in
applicable or appropriate standards occur, whether they result from legislation or the
broadening of knowledge, or present applicable CBC Code requirements. Accordingly the
findings of this report may be invalidated, wholly or partially by changes outside of our
control. Therefore, this report is subject to review and should not be relied upon after a
period of one (1) year. Note that some local jurisdictions have less time for the reports
validity and reports are required to be updated at the expiration of such predetermined limits.
4. Unless the recommendations of this report are completely incorporated into the design,
and all phases of geotechnical activity are checked, tested, and reported by this office, Geo-
Etka, Inc. will not be held liable by others.
APPENDIX II
`rgtu M®FS9
CITY 111 Vi` COSTA LVY1L.JA
!i p° DEPARTMENT OF PUBLIC SERVICES
77 FAIR DRIVE, COSTA MESA, CA 92626
eb-Cal Glfn saga
Public Services: (714) 754-5323 Inspection: (714) 754-5025 Fax: (714) 754-5028 TDD' (714)754-5244
DATE. 06-30-2010 Encroachment PERMIT NO. PS10-00315
BY- CHIRA_M
Original Permit No.
Address of Work: 2937 BRISTOL ST
Suite or Unit 4
Location:
Description of Work.
ENCROACHMENT PERMIT TO REPLACE EXISTING SEWER LATERALS;MAIN AND MANHOLES PER ATTACHED PLANS.CONTRACTOR SHALL
EXCAVATIONS PER CITY OF COSTA MESA STANDARD 813 WITH ARHM.LANE CLOSURES PER WATCH-MANUAL FROM 8:30AM TO 3.30PM.
MANDATORY PRECONSTRUCTION MEETING REQUIRED 2 WORKING DAYS PRIOR TO START OF WORK.FAILURE TO DO SO WILL VOID
THIS PERMIT
Start Date: 07/01/2010 Permit Expiration•Date: 07/15/2010
Building Reference No:
Planning Reference No.(Project No.):
Contractors Name: COSTA MESA SANITARY DISTRICT rho No: 714-754-5307
Address: 7TFAIR DRIVE
P.O.BOX 1200
COSTA MESA,-CA
State Li nse No 00150 City Busmess Li No.
Insurance Company:
Insurance Certificate No
24-Hour Emergency Contact CMSD 24-Hr Telephone Not (- )
UG Service Alert ID No: WILLCALL
Applicant's Name: COSTA MESA SANITARY DISTRICT
Developer Name
Telephone No.
FEES: Permit Fees: $0.00 BOND AMOUNT $0.00
DEPOSIT $0.00
TOTAL, $0 00
SIGNATURE OF APPLICANT p - � (1 01 Date: C7 C-1_0_t
PERMIT APPROVED FOR CITY ENGINEER By _ /12-C— .Date:_56_3 o _to
NOTE. Appli nt shall efe th attached Condit nd Mon opal Code Scut] applicable to thi permit
CITY OF COSTA MESA
REQUIREMENTS and CONDITIONS of
PERMIT NO.
GENERAL
1. THIS PERIIIT WITH APPROVED PLANS MUST BE ON THE JOB SITE AND AVAILABLE TO CITY REPRESENTATIVES AT ALL TIMES. You are
guided toyNunicipal Code Sections 1-33, 15-25, 15-27 1 15-39 and 15-48.
2. Permittee shall perform all work in accordance with the Standard Specifications for Public Works Construction (latest edition); City of Costa Mesa
Standard Drawings;special agency provisions;and all applicable laws and ordinances.
3. No work roll be allowed from Thanksgiving Day to the day after New Year's Day unless authorized by the Public Services Department. Special
authonyaton received- ❑Yes, By.
4 Througnon all phases of construction the Permittee shall keep the work site clean and free of rubbish,debns.and dust and shall maintain drainage,
and take al precautions to prevent erosion and prevent any soil and debris from the work site from entering the public storm drain system.
5. Existing public improvements damaged by the Permittee shall be replace as directed by the City Engineer at the Permittee's sole expense.
6 Permittee enderstands and agrees to the hold-harmless agreement required by CMMC Section 15-27
7 Contractormust notify the following Utility Companies 2 working days before starting work: Costa Mesa Sanitary Distnct (949) 631-1731 Mesa
Consolidated Water District(949)631-1200. Irvine Ranch Water District(949)453-5300, and Underground Service Alert Toll Free (800) 422.4133;
After Hours 8 Holidays(714)739-3031-(213)621-3111
8. Other____
❑ I certify Ihit in the performance of work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the
worker's compensation laws of California. If, after signing the certificate, I hire any employee, I acknowledge that I become subject to the workers
compensaton provisions of the California Labor Code and I must comply with the provisions of Section 3700 and 3800 or my permit shall be deemed
revoked
INSPECTION
9. Permittee shall contact the City Inspector's office (714) 754-5025 at least 1 working day prior to commencing any work. Failure to obtain proper
inspections prior to commencement of work may be cause for its rejection.
10. City will provide inspection between 7 30 a m.and 3 00 p.m. Monday through Friday(except on City observed holidays).
11 Permittee shall pre-pay for estimated overtime inspection costs including inspection after 3:00 p m and on weekends and holidays. Overtime
inspection cost is per the approved hourly rate.
TRAFFIC CONTROL
12 Permittee shall provide traffic control in conformance with the Work Area Traffic Control Handbook(W.A T.C.H.) (latest edition). The Permittee shall
furnish andror install all signs,lights,barricades,traffic control or warning devices,flagmen,and flashing arrow boards. The permittee shall obtain prior
approval of the Transportation Services Division for all street closures,detours,turn restrictions.parking prohibitions,and methods of accommodating
tr ffic The permittee shall notify Emergency,Fire,and Police services,and residents or businesses 2 working days in advance of any access
Imitation of traffic restrictions.
El Permittee shall submit traffic control plans for review and approval by the City of Costa Mesa Transportation Services Division prior to construction.
Permittee may close a maximum of—2a lane(s)if necessary to perform work within the public right-of-way dunng the hours of 8:30 a.m.
3:30 p.m. Monday through Friday(except City observed holidays)as long as traffic can be maintained in each direction with flagmen unless
otherwise approved by the Transportation Services Division.
❑ Permittee shall replace all traffic striping,markings,and raised pavement markers in kind within 2 days after slurry seal coating or overlay. Temporary
striping and markings are required prior to opening the roadway to traffic.
❑ The Contractor shah erect a company name sign within the prolect area which states the Contractor's name,the project name,and the telephone
number which the public may use to obtain nformation relative to the project or to make any complaints The Contractor shall submit sketch of sign
to Publi Services Department for approval prior to erecting sign.
EXCAVATION AND TRENCHES
13 Trenches exceeding 5 feet in depth require a permit from the Division of Industrial Safety State of California.
14 Open excavations must be backfdled or plated with spikes and A C.tacked around edges during non-working hours.
15. Steel plates shall conform to Caltrans specifications Steel trench plates without weld bends will not be allowed.
16. All trenches shall be permanently paved within 10 days of completion of work below subgrade
17 Permmee shall pay for all S.E compaction,and materials tests deemed necessary by the City.
18 Bore under all streets,curbs and gutters,sidewalks,cross-gutters,and driveway approaches. Tunneling is not allowed.
19. Permittee shall allow concrete slurry backfill to cure for a minimum of 3 days,or use a 24 hour cure concrete slurry
❑ Trench compaction and resurfacing shall conform to City of Costa Mesa Standard Drawing No 813.
❑ Trench compaction and resurfacing shall conform to City of Costa Mesa Standard Drawing No 813 with the following modifications:
ASPHALT PAVEMENT
The City enforces a moratorium against open cut of roadways Open cut of any roadway paved, overlaid, or slurry sealed within the last 5 years shall be
subject to extensive restoration requirements as follows
❑ Permittee shall apply type II slurry seal coating per attached Slurry Seal Resurfacing Requirements
❑ Permittee shall cold mill the existing roadway surface and place a minimum of 2' asphalt concrete(AC)overlay with 2%RLA per attached Mill and
Overlay Resurfacing Requirements
CONCERETE
20 Pr to placing Portland Cement Concrete(PCC)or A C the subgrade compaction shall be nspected and approved forth following native soil
❑ imported soil D.
21 Curb and gutter shall not be removed on the day prior to a weekend or a City observed holiday_
22 Areas left open by curb and gutter removal shall be filled in flush with the adjacent pavement on the same day that removal occurs.
23 Permittee shall remove and reconstruct PCC pavement per City of Costa Mesa Standard Drawing Nos.811 and 812.
24 Sidewalk shall he constructed per City of Costa Mesa Standard Drawing Nos 411 412,413 and/or 414
25. Dr veway approach shall be constructed per Title 24'1nd ADA Requirements,and City of Costa Mesa Standard Drawing Nos 313.513,514 and/or
515
❑ No traffic allowed on concrete for minimum of 7 days for cur ng See traffic control requirements and conditions above.
Applica hereby acknowledges that heishe has read and understands said equirements and conditions and that he/she agrees to abide by them
— —_ —ebj✓ Fit r}6 3o"-Io
OWNERS OR AUTHORIZED AGENTS SIGNATURE DATE
Reviser} 12i 1/98
SAWCUT FULL EXTENDED REMOVAL
DEPTH (SEE NOTE 2)
REPLACEMENT PAVEMENT 8" (200 MM)
A.0 OR P.C.C. I MINIMUM A.C.
�l'►\lL.l Ayr
, EXISTING ING (251MM)
PAVEMENT `
i\�i\�i\�i\i
Is4'01 MW
(A) (B)
UNDER 24 12" (300 MM)
24 AND OVER 18" (450 MM)
BACKFILL ZONE
SEE NOTES 4 Sc 5
36' (900 MM)
MIN.
MIN. WARNING TAPE
(33 00 MM) (OPTIONAL)
PIPE ZONE 6' MIN.
SEE NOTE 3 D�J 8" MAX. (200 MM)
V
6" MIN. j.
(150 MM) j
`" \ r,r,n,%%N>.
UNDISTURBED SUBGRADE
N.T.S
NOTES.
• SEE SHEET 2 OF 2
CITY OF COSTA MESA TRENCH DETAIL
PUBLIC SERVICES DEPARTMENT }I:'f_.t ..
STD DWG. NO
APPROVED BY •r I� I / WI_ 813
ERNESTO 0• Cm ENONEER vnUJAM • ..-' OMECTOR OR RugX SOMCEI CJ
FILE NAME. STD-813 DWG REVISED: SHT 1 OF 2
r
•
NOTES
1 ALL OPEN TRENCH AND EXCAVATION OPERATIONS SHALL CONFORM TO SECTION 306 OF THE CURRENT EDITION OF THE
"STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION' (GREENBOOK).
2. ALL SAWCUTS SHALL BE A STRAIGHT CLEAN UNE. IF THE TRENCH SAWCUT LINE FALLS WITHIN 36 INCHES OF AN EDGE
OF CONCRETE, CURB FACE. JOINT LANE LINE, OR ANOTHER SAW CUT UNE, THE EXISTING ASPHALT CONCRETE PAVEMENT
BETWEEN THE TRENCH TO THE EDGE OF CONCRETE, CURB FACE, JOINT LANE LINE, OR OTHER SAWCUT LINE SHALL BE
REMOVED AND REPLACED.
3. BACKFILL OF THE 'PIPE ZONE' SHALL BE IN ACCORDANCE WITH THE GUIDELINES OF THE UTILITY C.M.B. SHALL BE
REQUIRED IF NO OTHER MATERIAL IS SPECIFIED BY THE UT1UTY NO NATIVE MATERIAL SHALL BE ALLOWED.
4. C.M.B. SHALL BE UTILIZIED FOR MATERIAL IN THE "BACKFlLL ZONE' FOR ALL TRENCHES GREATER THAN 12 INCHES IN
WIDTH. NO NATIVE MATERIAL SHALL BE ALLOWED. THE C.M.B. IS TO BE COMPACTED TO 90% MAXIMUM DENSITY TO A
POINT 24 INCHES BELOW THE ROADWAY SURFACE. WITHIN THE REMAINING 24 INCHES OF THE ROADWAY SURFACE, THE
C.M.B. SHALL BE COMPACTED 95% MAXIMUM DENSITY
5. SLURRY (CLASS 100-E-100) WILL BE ALLOWED IN THE -BACKFILL ZONE' ONLY IF THE TRENCH IS EQUAL TO OR LESS
THAN 12 INCHES IN WIDTH. A 6 INCH THICK LAYER OF C.M.B. COMPACTED TO 95% MAXIMUM DENSITY SHALL BE
REQUIRED ABOVE THE SLURRY AND BELOW THE ASPHALT CONCRETE PAVEMENT SECTION.
5. THE SURFACE COURSE OF THE ASPHALT CONCRETE PAVEMENT (A MINIMUM OF 2 INCHES) SHALL BE 1/2 INCH MATERIAL,
AND THE BASE COURSE OF THE ASPHALT CONCRETE PAVEMENT SHALL BE 3/4 INCH MATERIAL. IF THE EXISTING
PAVEMENT SECTION CONTAINS A.R.H.M THE REPLACEMENT SECTION SHALL INCLUDE A.R.H.M. THE MINIMUM THICKNESS OF
THE ASPHALT CONCRETE REPLACEMENT SECTION SHALL BE 8 INCHES.
7 IF CEMENT TREATED MATERIAL IS ENCOUNTERED. THE PROPOSED ROADWAY STRUCTURAL SECTION IS TO BE APPROVED BY
THE CITY ENGINEER.
8 WORK ON STREETS DESIGNATED ON THE CITY'S MORATORIUM LIST SHALL REQUIRE ADDITIONAL PAVEMENT RESURFACING AS
OUTLINED IN THE MORATORIUM REQUIREMENTS, WHICH MAY CONSIST OF SLURRY SEAL, MILL AND OVERLAY OR
RECONSTRUCTION.
9. MATERIALS TESTING PER GREENBOOK SUBSECTION 306-1 3 AND 305-1 5.
10. NO TUNNELING UNDER CURBS AND GUTTERS, SPANDRELS, CROSS-GUTTERS, OR SIDEWALKS WILL BE ALLOWED.
11 CONTACT SURFACES OF EXISTING PAVEMENT AND CONCRETE SURFACES SHALL BE GIVEN A TACK COAT BEFORE PLACING
PERMANENT ASPHALT CONCRETE PAVEMENT ALL JOIN LIMITS BETWEEN THE NEW PAVEMENT AND THE EXISTING PAVEMENT
SHALL BE SEALED WITH TACK COAT
12. ALL TRAFFIC CONTROL AND LANE CLOSURES SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE WORK AREA
TRAFFIC CONTROL HANDBOOK' (WAT.C.H.).
13. ALL TRAFFIC STRIPING, LOOPS, MARKINGS, AND PAVEMENT MARKERS DAMAGED BY THE CONTRACTOR DURING
CONSTRUCTION SHALL BE REPLACED TO THE SATISFACTION OF THE CITY AND CONFORM TO CITY STANDARDS WITHIN 48
HOURS OF RESURFACING.
CITY OF COSTA MESA TRENCH DETAIL
PUBLIC SERVICES DEPARTMENT
1-I1F-I
STD. DWG, NO
APPROVED BY
,A Q 1 J EmESro muwoz CITY EMfJUECR IMLAY seams_ MrtECTOR OF W. MACES
FILE NAME STD-813.DWG f REVISED' SHT 2 OF 2
--
l -- -- -- Alhombro-Fdry--A=-1270 _
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--�-- - frame-and-cover per Std
Dwg. Ne S-105 24" l aa
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SIMMIIIIIIM
SECTION A-A SECTION B-B
INLET5 AIJDOUTLETS FOR r"" B NOTES
V.C.P. C EIN5T. ----1,.. e
I Manholes shall be precast concrete as manufactured
M by Associated Concrete Products, Inc. or approved
C.i equal
Q A 2. Concrete base and stub walls shall be poured In one
t 1" operation to an elevation 2' above top of pipe,
slope 3. Concrete shall be Class 50-C 3250
4. Depth of the channel shall equal pipe diameter for
all sizes of pipe.
II
III 5. The floor of manholes shall be steel troweled.
.� 6 Steps shall be polypropylene w/a 1/2 diameter steel core
B meeting ASTM A 82, ASTM C q-7$, ASTM type II grade
43758, 16 0.C.
7 �danhole bases must be poured against undisturbed
SECTION C-C
soil
8. Steps for manhole shall be placed upstream.
9 Mortar for joints shall be per Costa Mesa Sanitary
District Std D.'g No. 5-103. 12 .v15m IJal/°yn
Dote 0 iek GIB 82
�i
COSTA MESA SANITARY DISTRICT jApproved YR �In[Tblrie
Standard 48" I. D. Manhole District Engineer -R.C.E. 31720
Drawing N2 S - 100
6
field mortar, 1:3 mix
_ (plastic cement)
N� or sealant
}
1
e
TYPICAL - JOINT DETAIL
o � b
31\
�,—lA SIDE MAMIHDIP---"7
a
4°
field mortar, 1.3 mix , ^t
(plastic cement)
manhole base
MORTAR SEAL AT MANHOLE BASE
REVISED 10 Z3 85 Date. G 18.82
COSTA MESA SANITARY DISTRICT Approved /,L..��,,,�y
Joint Detail District Engineer
Drawing Drawing Ne. S - 103
STREET SURFACE
T--J c
'n E
„
g pv.c. sewer lateral
min slope I/4"to I'-0"
01111111111111""1".
co
=
c
Std. 45° bend n
C
�---Variable size Sewer main
ELEVATION
E
3
0 m
0
C_
T
t
41
' 0 unless noted otherwise on plans
__� -Alternate 'Tee' branch 6" v sewer
I' .a. se e
___T.( r r r sta.
l.. - L. L. L
Sta. ` Std. 45° bend
Const. of ---- Std. 'Wye' branch
wye only PLAM
NOTES
.) 1 TEE BRANCH USED ONLY WITH PRIOR APPROYAL FROM
DISTRICT ENGINEER
0.�
!Approved R2vIs r I/21/93
COSTA MESA SANITARY DISTRICT dimAt ,; 18.ES2
Lateral Connection Type 1 A * -tract Engineer -R.C.E. 31720
ving N° S -I04 -A
I
1
_ TRFNCH WTnTH J
I °/
BACKFILL — / X 0 D aX. (
41
12'
BEDDING B — ` -----''
7 TRENCH SHEETING OR
SHORING PER TITLE 8
, EWER LINE )-A.
\ CALIFORNIA ADMINISTRATIVE
CODE.
BEDDING A — C D\ /e o
° { 6 MIN
y % < ° d t
t ���� 4 a e \ �c
BARREL OF PIPE BELL OF PIPE
NOTES
1 Bedding A shall be composed of 3/4 crushed gravel
2 Backfill and Bedding B shall be as required by the local
agency standards Backfill w/slurry whenever possible
3 'X" shall be between 6 and 8 inches and shall include the
thickness of any shoring
4 All trenching and bedding operations shall be done in
conformance with the latest edition of the Standard
Specifications for Public Works Construction
5 Structural section of pavement shall be replaced as required
by the local agency
6 Applicable agency standards are City of Costa Mesa Std No
813 City of Newport Beach Std. 106-L County of Orange EMA
Std Plan 1319
REVISED 8/11/88
Da JOSTA MESA SANITARY DISTRICT �e. s-a-
pproved
TRENCHING AND BEDDING aW�t9 Nome s- R2.E. 37 •
AGREEMENT FOR CONTRACTOR SERVICES
This Agreement is made and entered into by and between the Costa Mesa
Sanitary District, a district formed pursuant to the Sanitary District Act of 1923
(hereinafter referred to as District"), and
(hereinafter referred to as 'Contractor").
Recitals
WHEREAS, District has taken appropriate proceedings to authorize construction
of the public work and improvements herein provided and execution of this contract; and
WHEREAS, on , after notice duly given, District awarded the
contract for the construction of improvements hereinafter described to Contractor which
Contractor said District found to be the lowest responsible bidder for construction of said
improvements.
NOW THEREFORE, the parties hereto AGREE as follows:
1 SCOPE OF THE WORK
Contractor shall perform the work described briefly as follows:
The aforesaid improvements are further described in the 'Contract Documents'
hereinafter referred to.
2. CONTRACT DOCUMENTS
The complete contract consists of the following documents:
This Agreement, Notice Inviting Sealed Proposals, the Accepted Bid, the
complete plans, profiles, detailed drawings and specifications, (which include the
Standard Specifications for Public Works Construction as modified by these Contract
Documents), Faithful Performance Bond, Labor and Material Bond Insurance
Documents, and all addenda setting forth any modifications or interpretations of said
documents.
The terms of this Agreement shall prevail over all written specifications except as
provided for in any Addendum attached hereto
All of the above named documents are intended to complement one another so
that any work called for in one, and not mentioned in the other or vice versa, is to be
executed the same as if mentioned in all said documents. The documents comprising
the complete contract will hereinafter be referred to as the 'Contract Documents'
1
3. SCHEDULE
All work shall be performed in accordance with the schedule approved by
District's Engineer and under his direction.
4. EQUIPMENT — PERFORMANCE OF WORK
Contractor shall furnish all tools, equipment, apparatus, facilities, labor and
materials necessary to perform and complete in a good and workmanlike manner the
work of general construction as called for and in the manner designated in, and in strict
conformity with, the plans and specifications for said work which said specifications are
entitled.
The equipment, apparatus, facilities, labor and material shall be furnished and
said work performed and completed as required in said plans and specifications to the
satisfaction of and subject to the acceptance of the District's Engineer or his
designated assistant.
5. CONTRACT PRICE
The contract price shall be ($ )
with adjustments up or down in accordance with bid unit prices as finally calculated by
District and Contractor 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.
6. TIME OF PERFORMANCE
The time fixed for the commencement of such work is within days after
receiving notice to proceed and to complete said work within working days
from the first day of contract.
7 TIME OF THE ESSENCE
Time is of the essence in this contract.
7a. JOB PROGRESS
2
Contractor agrees to maintain a 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. Contractor
agrees to provide District with critical job 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.
8. EXTENSION OF TIME
If such work is not completed within such time, the District Board or its designee
shall have the right to increase the number of working days in the amount it may
determine will best serve the interests of District and, if it desires to increase said
number of working days, it shall have the further right to charge to Contractor and
deduct from the final payment for the work the actual cost of engineering, construction
review and other overhead expenses which are directly chargeable to Contractor and
which accrue during the period of such extension, except that the cost of the final
service and preparation of the final estimates shall not be included in such charges;
provided however that no extension of time for the completion of such work shall ever
be allowed unless, at least twenty (20) days prior to the time herein fixed for the
completion thereof or the time fixed by the District Board or its designee for such
completion as extended, Contractor shall have filed an application for extension thereof
in writing with the District Engineer addressed to the District Board and its designee.
Said application shall be made pursuant to the requirements of Sections 20104 through
20104 8, Public Contracts Code.
In this connection, it is understood that the General Manager shall not transmit any such
request to the District Board if not filed within the time herein prescribed.
9 LIQUIDATED DAMAGES
In the event Contractor for any reason, shall have failed to perform the work
herein specified within the time herein required and to the satisfaction of District
Engineer District may in lieu of any other of its rights authorized in this Agreement,
deduct from payments or credits due Contractor after such breach a sum equal to
Dollars as liquidated damages for each day
beyond the date herein provided for the completion of such work. This sum is
established pursuant to Section 53069 85 of the Government Code and is deemed by
the parties hereto to be a reasonable amount.
10 PERFORMANCE OF SURETIES
3
In the event of any termination as herein above provided, the District shall
immediately give written notice thereof to Contractor and Contractor's sureties, and the
sureties shall have the right to take over and perform the Agreement provided, however
that if the sureties, within five (5) days after giving them said notice of termination, do
not give District written notice of their intention to take over the performance of the
Agreement and do not commence performance thereof within five (5) days after notice
to the District of such election, District may take over the work and prosecute the same
to completion, by contract or by any other method it may deem advisable, for the
account, and at the expense of Contractor and the sureties shall be liable to District for
any excess cost or damages occasioned District thereby- and in such event, District
may without liability for so doing, take possession of, and utilize in completing the work,
such materials, appliances, plant and other property belonging to Contractor as may be
on the site of the work and necessary therefor
11 DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting the true value of the work done, of any work
omitted of any extra work which Contractor may be required to do, or respecting the
size of any payment to Contractor during the performance of this Contract, such dispute
shall be decided pursuant to Section 20104 through 20104.8, Public Contracts Code, as
the same is now in force and as the same may be amended from time to time, provided
that the dollar amount of the dispute is within the statutory limits set forth therein.
12. PERMITS — COMPLIANCE WITH LAW
Contractor shall, at Contractor's expense, obtain all necessary permits and
licenses for the construction of each improvement, give all necessary notices and pay
all fees and taxes required by law.
13. SUPERINTENDENCE BY CONTRACTOR
Contractor shall give personal superintendence to the work on said improvement
or have a competent foreman or superintendent satisfactory to the District Engineer on
the work at all times during progress with authority to act for him.
14. OBSERVANCE BY DISTRICT
Contractor shall at all times maintain proper facilities and provide safe access for
observation by District to all parts of the work and to the shops wherein the work is in
preparation.
4
15. EXTRA AND / OR ADDITIONAL WORK OR CHANGES
Should District at any time during the progress of said work request any
alteration, deviations, additions, or omissions from said specifications or plans or other
contract documents, it shall be at liberty to do so and the same shall in no way affect or
make void the Contract, but will be added to, or deducted from the amount of said
contract price, as the case may be, as provided in paragraph 36.
16. OBSERVATION AND TESTING MATERIALS
Contractor shall notify District a sufficient time in advance of the manufacture or
production of materials to be supplied by Contractor under this Contract in order that
District may arrange for mill or factory observation and testing of same.
Any materials shipped by Contractor from factory prior to having satisfactorily
passed such testing and observation by District's representative shall not be used on
said improvement unless Contractor is previously notified by District that such testing
and observation will not be required.
Contractor shall also furnish District, in triplicate, certified copies of all required
factory and mill test reports.
17 PERMITS AND CARE OF THE WORK
Contractor has examined the site of the work and is familiar with its topography
and condition, location of property lines, easements, building lines and other physical
factors and limitations affecting the performance of this Agreement. Contractor at
Contractor's expense, shall obtain any permission necessary for any operations
conducted off the property owned or controlled by District. Contractor shall be
responsible for the proper care and protection of all materials delivered and the work
performed until completion and final observation and acceptance.
18. OTHER CONTRACTS
DISTRICT may award other contracts for additional work and Contractor shall
fully cooperate with such other contractors and carefully fit Contractor's own work to that
provided under other contracts as may be directed by District Manager/Engineer
Contractor shall not commit or permit any act that will interfere with the performance of
work by any other contractor
19. PAYMENTS TO CONTRACTOR
5
(a) On or before the 25th day of each and every month during the
performance of the work, Contractor shall submit to District Engineer an itemized
statement of quantities with unit prices of materials incorporated into the improvement
during the preceding month and the portion of the contract sum applicable thereto On
approval in writing of said statement by District Engineer it shall be submitted to the
District Finance Department and then to the District Board. It is understood and agreed
between the parties that lead time for processing invoices for inclusion on the warrant
list of the District has been established by the District Finance Office and that invoices
for payment will be processed and paid in accordance with any established rules and
regulations of said District Finance Officer Payment shall be ninety-five percent (95%)
of the amount invoiced, the remaining five percent (5%) to be subject to the provisions
in Paragraph (B). The payment as provided for herein [except for the retention provided
for in Paragraph (B)] shall be made the day following its approval by the District Board
at its next regular meeting following the submittal of the invoice to the Board by the
District Manager/Engineer
(b) District reserves the right to retain five percent (5%) of the contract price
for a period of thirty-five (35) days after the filing of the notice of completion of the
contract. Contractor shall have the following options pursuant to Section 22300, Public
Contracts Code:
(i) To substitute securities for any money retained by District;
(ii) To require District to pay into an escrow created at the expense of
Contractor
The substitute securities provided for herein may be held pursuant to Section
22300 and any escrow agreement entered into between the parties shall be in the
statutory form set forth in Section 22300
(c) The District shall observe the provisions of Government Code Section
7107 with respect to final payment and disputes relating thereto
20. CONTRACT SECURITY
Concurrently with the execution hereof, Contractor shall furnish.
(1) A surety bond in an amount equal to one hundred percent (100%) of the
contract price as security for the Faithful Performance of this Contract to be held for 1
year after the Notice of Completion is recorded;
(2) A separate surety bond in an amount equal to at least one hundred
percent (100%) of the contract price as security for payment of all persons performing
labor and furnishing materials in connection with this Contract.
6
The bonds required hereunder shall be provided by an admitted carrier District
reserves the right to object to said surety in accordance with the procedure set forth in
Code of Civil Procedure Sections 995 650 et seq. Bonds shall be accompanied with an
appropriate power of attorney authorizing the execution of the bond
21 INDEMNIFICATION
Contractor and District agree that District should to the extent permitted by law
be fully protected from any loss, injury damage, claim, lawsuit, cost, expense, attorneys
fees, litigation costs, defense costs, court costs or any other cost arising out of or in any
way related to the performance of this Agreement. Accordingly the provisions of this
indemnity provision are intended by the parties to be interpreted and construed to
provide the fullest protection possible under the law to the District, except for liability
attributable to the District's active negligence. Contractor acknowledges that District
would not enter into this Agreement in the absence of this commitment from Contractor
to indemnify and protect District as set forth here.
To the full extent permitted by law and excepting only the active negligence of
District, established by a court of competent jurisdiction or written agreement between
the parties, Contractor shall defend, indemnify and hold harmless District, its
employees, agents and officials, from any liability claims, suits, actions, arbitration
proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether
actual, alleged or threatened, actual attorney fees incurred by District, court costs,
interest, defense costs including expert witness fees and any other costs or expenses of
any kind whatsoever without restriction or limitation incurred in relation to, as a
consequence of or arising out of or in any way attributable actually allegedly or
impliedly in whole or in part to the performance of the Agreement. All obligations under
this provision are to be paid by Contractor as incurred by the District.
Without affecting the rights of the District under any provision of this Agreement
or this Section, Contractor shall not be required to indemnify and hold harmless District
as set forth above for liability attributable to the active negligence of District, provided
such active negligence is determined by agreement between the parties or the findings
of a court of competent jurisdiction. This exception will only apply in instances where the
District is shown to have been actively negligent and not in instances where Contractor
is solely or partially at fault or in instances where District's active negligence accounts
for only a percentage of the liability involved. In those instances, the obligation of
Contractor will be for that portion or percentage of liability not attributable to the active
negligence of District as determined by written agreement between the parties or the
findings of a court of competent jurisdiction.
The obligations of Contractor under this or any other provision of this Agreement
will not be limited by the provisions of any workers' compensation act or similar act.
Contractor expressly waives its statutory immunity under such statutes or laws as to
District, its employees and officials.
7
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor sub-
tier contractor or any other person or entity involved by for with or on behalf of
Contractor in the performance or subject matter of this Agreement. In the event
Contractor fails to obtain such indemnity obligations form others as required here,
Contractor agrees to be fully responsible according to the terms of this section.
Failure of District to monitor compliance with these requirements imposes no
additional obligations on District and will in no way act as a waiver of any rights
hereunder This obligation to indemnify and defend District, as set forth herein, is
binding on the successors, assigns, or heirs of Contractor and shall survive the
termination of this Agreement or this section.
22. INSURANCE
Contractor agrees to provide insurance in accordance with the requirements set
forth here. If Contractor uses existing coverage to comply with these requirements and
that coverage does not meet the requirements set forth herein, Contractor agrees to
amend supplement or endorse the existing coverage to do so The following coverages
will be provided by Contractor and maintained on behalf of the District and in
accordance with the requirements set forth herein.
Commercial General Liability/Umbrella Insurance. Primary insurance shall be
provided on ISO-CGL form No CG 00 01 11 85 or 88. Total limits shall be no less than
five (5) million dollars per occurrence for all coverages. District and its employees and
agents shall be added as additional insures using ISO additional insured endorsement
form CG 20 10 11 85 (in no event will District accept an endorsement form with an
edition date later than 1990). Coverage shall apply on a primary non-contributing basis
in relation to any other insurance or self-insurance, primary or excess, available to
District or any employee or agent of District. Coverage shall not be limited to the
vicarious liability or supervisory role of any additional insured. Umbrella Liability
Insurance (over primary) shall apply to bodily injury/property damage, personal
injury/advertising injury at a minimum, and shall include a 'drop down' provision
providing primary coverage above a maximum $25,000 00 self-insured retention for
liability not covered by primary policies but covered by the umbrella policy Coverage
shall be following form to any underlying coverage. Coverage shall be provided on a
'pay on behalf" basis, with defense costs payable in addition to policy limits. There shall
be no cross liability exclusion. Policies shall have concurrent starting and ending dates.
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on
!so Business Auto coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits
shall be no less than five (5) million dollars per accident. Starting and ending dates shall
be concurrent. If Contractor owns no autos, a non-owned auto endorsement to the
General liability policy described above is acceptable.
8
Workers' Compensation/Employers' Liability shall be written on a policy form
providing workers' compensation statuary benefits as required by law Employers'
liability limits shall be no less than one (1) million dollars per accident or disease.
Employers' liability coverage shall be scheduled under any umbrella policy described
above. Unless otherwise agreed, this policy shall be endorsed to waive any right of
subrogation as respects the District, its employees or agents.
Contractor and District further agree as follows:
1 This Section supersedes all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
2. Nothing contained in this Section is to be construed as affecting or altering
the legal status of the parties to this Agreement. The insurance requirements set forth in
this Section are intended to be separate and distinct from any other provision in this
Agreement and shall be interpreted as such.
3. All insurance coverage and limits provided pursuant to this agreement
shall apply to the full extent of the policies involved, available or applicable. Nothing
contained in this Agreement or any other agreement relating to the District or its
operations limits the application of such insurance coverage.
4 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 insurance. Specific reference to a given
coverage feature is for purposes of clarification only and is not intended by any party to
be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
5. For purposes of insurance coverage only this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards, performance of this Agreement.
6 All general or auto liability insurance coverage provided pursuant to this
Agreement, or any other agreements pertaining to the performance of this Agreement,
shall not prohibit Contractor and Contractor's employees, or agents, from waiving the
right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation
against DISTRICT
7 Unless otherwise approved by District, Contractor's insurance shall be
written by insurers authorized to do business in the State of California and with a
minimum 'Best's' Insurance Guide rating of A.VII' Self-insurance will not be
considered to comply with these insurance specifications.
9
8. 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
9 Contractor agrees to provide notarized evidence of the insurance required
herein, satisfactory to district, consisting of certificate(s) of insurance evidencing all of
the coverages required and an additional insured endorsement to Contractor's general
liability and umbrella liability policies (if any) using ISO form CG 20 10 11 85.
Certificate(s) are to reflect that the insurer will provide thirty (30) days notice of any
cancellation of coverage. Contractor agrees to require its insurer to modify such
certificates of any cancellation of coverage. Contractor agrees to require its insurer to
modify such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, and to delete the
word 'endeavor' with regard to any notice provisions. Contractor agrees to provide
complete copies of policies to District upon request.
10 Contractor shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverages.
11 Any actual or alleged failure on the part of the District or any additional
insured under these requirements to obtain proof of insurance required under this
Agreement in no way waives any right or remedy of District or any additional insured, in
this or any other regard.
12. Contractor agrees to require all subcontractors or other parties hired for
this project to provide general liability insurance naming as additional insures all parties
to this Agreement. Contractor agrees to obtain certificates evidencing such coverage
and make reasonable efforts to ensure that such coverage is provided as required here.
Contractor agrees to require that no contract used by any subcontractor or contracts
Contractor enters into on behalf of District, will reserve the right to charge back to
District the cost of insurance required by this Agreement. Contractor agrees that upon
request, all agreements with subcontractors or others with whom Contractor contracts
with on behalf of District will be submitted to District for review Failure of District to
request copies of such agreement will not impose any liability on District, or its
employees.
13 If Contractor is a Limited Liability Company general liability coverage
must be amended so that the Limited Liability Company and its managers, affiliates,
employees, agents, and other persons necessary or incidental to its operation are
insures.
14 Contractor agrees to provide immediate notice to District of any claim or
loss against Contractor that includes District as a defendant. District assumes no
10
obligation or liability for such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve the District.
15 District Counsel may accept other forms and certificates when in the best
interests of the District to do so.
23. LEGAL WORK DAY— PENALTIES FOR VIOLATION
Eight (8) hours of labor shall constitute a legal day's work. Contractor shall not
require more than eight (8) hours labor in a day from any person employed by
Contractor in the performance of such work. Contractor shall forfeit as a penalty to
District the sum of Twenty Five ($25.00) Dollars for each laborer workman or mechanic
employed in the execution of this Contract by Contractor or by any subcontractor for
each calendar day during which such laborer workman or mechanic is required or
permitted to labor more than eight (8) hours per day in violation of the provisions of
Section 1815 of the Labor Code of the State of California.
24. PREVAILING WAGE SCALE
The minimum compensation to be paid for labor upon all work performed under
this Contract shall be the general prevailing wage scale established by the Department
of Industrial Safety for the State of California and as adopted by District. Contractor
shall forfeit the sum of $50 00 per day to District for each day prevailing wages are not
paid in accordance with Labor Code Section 1775
Contractor shall comply in all respects with Title 40 U S C Section 276a, also
known as 'The Davis-Bacon Act' where federal funds are involved and Contractor shall
also comply in all respects with California Labor Code Sections 1770 et seq. if
applicable.
If Contractor is engaged in the construction, prosecution, completion or repair of
any public building or public work, or building or work financed in whole or in part by
loans or grants from the United States, Contractor shall furnish each week to the
DISTRICT Finance Officer a statement with respect to the wages paid each of its
employees during the preceding weekly payroll period.
24a. PAYROLL RECORDS
The Contractor and all Subcontractors shall keep accurate payroll records on the
job site in accordance with Labor Code Section 1776 and make those records available
for inspection at all reasonable times.
11
25. EMERGENCY— ADDITIONAL TIME FOR PERFORMANCE — PROCUREMENT
OF MATERIALS
If because of war or other declared national emergency the Federal or State
government restricts, regulates or controls the procurement and allocation of labor or
materials, or both, and if solely because of said restrictions, regulations or controls,
Contractor is, through no fault of Contractor unable to perform this Agreement, or the
work is thereby suspended or delayed, any of the following steps may be taken:
(a) District may pursuant to resolution of the Board grant Contractor
additional time for the performance of this Agreement sufficient to compensate in time
for said delay or suspension. To qualify for such extension of time, Contractor within
three (3) days of Contractor's discovering such inability to perform, shall notify General
Manager in writing thereof and give specific reasons therefor General Manager shall
thereupon have sixty (60) days within which to procure such needed materials or labor
as it is specified in this Agreement, or permit substitution or provide for changes in the
work in accordance with other provisions of this Agreement. Substituted materials, or
changes in the work, or both, shall be ordered in writing by General Manager and the
concurrence of the District Board shall not be necessary All reasonable expenses of
such procurement incurred by the General Manager shall be defrayed by Contractor or
(b) If such necessary materials or labor cannot be procured through legitimate
channels within sixty (60) days after the filing of the aforesaid notice, either party may
upon thirty (30) days written notice to the other terminate this Agreement. In such
event, Contractor shall be compensated for all work executed upon a unit basis in
proportion to the amount of the work completed, or upon a cost plus ten percent (10%)
basis, whichever is the lesser Materials on the ground, in process of fabrication or en
route upon the date of notice of termination specially ordered for the project and which
cannot be utilized by Contractor shall be compensated for by District at a cost,
including freight, provided that Contractor shall take all steps possible to minimize this
obligation; or
(c) District Board, by resolution, may suspend this Agreement until the cause
of inability to perform is removed, but for a period of not to exceed ninety (90) days. If
this Agreement is not canceled and the inability of Contractor to perform continues,
without fault on Contractor's part, beyond the time during which the Agreement may
have been suspended, as hereinabove provided, District Board may further suspend
this Agreement, or either party hereto may without incurring any liability elect to
declare this Agreement terminated upon the ground of impossibility of performance. In
the event District declares this Agreement terminated, such declaration shall be
authorized by the District Board, by resolution, and Contractor shall be notified in writing
thereof within five (5) days after the adoption of such resolution. Upon such termination,
Contractor shall be entitled to proportionate compensation at the agreement rate for
such portion of the Agreement as may have been performed; or
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(d) District may terminate this Agreement without cause, in which case
Contractor shall be entitled to proportionate compensation at the agreement rate for
such portion of the Agreement as may have been performed. Such termination shall be
authorized by resolution of the District Board. Notice thereof shall be forthwith given in
writing to Contractor and this Agreement shall be terminated upon receipt by Contractor
of such notice.
26. PROVISIONS CUMULATIVE
The provisions of this Agreement are cumulative and in addition to, and not in
limitation of any other rights or remedies available to District.
27 NOTICES
It shall be the duty and responsibility of Contractor to notify subcontractors and
materialmen of the following special notice provision; namely all notices of intention to
lien or stop notices shall be either personally delivered or transmitted by certified mail,
but in either event said notices shall be directed to the District.
All notices shall be in writing and delivered in person or transmitted by certified
mail, postage prepaid.
Notices required to be given to District shall be addressed as follows:
COSTA MESA SANITARY DISTRICT
628 West 19th Street
Costa Mesa, California 92626
Attn:
Notices required to be given to Contractor shall be addressed as follows:
Attn:
28. SUBCONTRACTING
Contractor acknowledges that he is aware of the provision of the 'Subletting and
Subcontracting Fair Practices Act' and that he agrees to comply with all applicable
provisions thereof If any part of the work to be done under this Contract 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 Contract. Upon
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request, certified copies of any or all subcontracts shall be furnished the District. The
subcontracting of any or all of the work to be done will in no way relieve the Contractor
of any part of his responsibility under the Contract.
Breach of any of the above provisions will be considered a violation of the
Contract, and the District may cancel the Contract, assess the Contractor a penalty of
not more than 10 percent (10%) of the subcontract involved, or cancel the Contract and
assess the penalty
All persons engaged in the work, including subcontractors, will be considered
employees of the Contractor Contractor will be held responsible for their work. The
District will deal directly with and make all payments to the Contractor
29. CONTRACTOR'S AFFIDAVIT
After the completion of the work contemplated by this Contract, Contractor shall
file with the District's Engineer his affidavit stating that all workmen and persons
employed and all firms supplying materials, and all subcontractors upon the project
have been paid in full, and that there are no claims outstanding against the project for
either labor or material, except certain items, if any to be set forth in an affidavit
covering disputed claims, or items in connections with Notice to Withhold, which have
been filed under the provisions of the statutes of the State of California.
30. CONTRACTOR'S WAIVER
The acceptance of Contractor of the final payment shall constitute a waiver of all
claims against District under or arising out of the Contract unless the disputed amounts
are specifically set forth in the affidavit and release.
31 NOTICE TO PROCEED
No work, services, material or equipment shall be performed or furnished under
this Contract unless and until a notice to proceed has been given to the Contractor by
District's Manager/Engineer and all bonds and certificates of insurance required
pursuant hereto have been furnished to and approved by District.
32. UTILITY LOCATION
District acknowledges its responsibilities with respect to the location of utility
facilities pursuant to California Government Code Section 4215
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33. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color sex,
age, or disability
34. GOVERNING LAW
This Contract and any dispute arising hereunder shall be governed by the law of
the State of California.
35. INTEGRATION
The parties agree that this document represents their entire agreement and that
this Agreement may not be subsequently modified unless said modification is made in
writing and is signed by both parties.
36. CHANGES / EXTRA WORK COMPENSATION
District may by written change notice, make changes in the work, changes in or
addition to the specification, require additional work or services or direct the omission of
work or services covered by this Agreement. If any such change or requirement causes
any increase or decrease in the Contractor's cost of performance of this Agreement, an
equitable adjustment shall be made and the Agreement modified in writing accordingly
Changes in compensation shall be calculated using the formula set forth in Subsection
B below No claim by Contractor for adjustment under this paragraph shall be valid
unless asserted in writing by Contractor within thirty (30) days from the date of receipt of
said written change notice signed by the District's General Manager or the President
and Secretary of the Board of Directors, as appropriate. Contractor shall make no
additions, changes, alterations or omissions except upon the written change notice of
the General Manager given before the work is to be done or before services are
rendered. The General Manager shall only have authority to order changes when the
cumulative work under the contract is of a value less than 10% of the contract amount
or FIFTEEN THOUSAND DOLLARS ($15 000.00), whichever is greater All other
changes must be approved by the Board of Directors.
(a) Extra Work Compensation. Should Contractor encounter extra work due
to the discovery of unforeseen conditions that Contractor should not have anticipated
based in its own independent investigation, or due to changes in the project made by
District, Contractor shall immediately bring such condition to the attention of the
District's Manager/ Engineer and shall submit a Request for Change Order within thirty
(30) days in the form set forth in the contract documents. All such requests for extra
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compensation shall be subject to the approval of the Board of Directors unless within
the authority of the District Manager/Engineer
(b) Limitation of Compensation. Contractor shall be limited in the
compensation that it may recover under this contract. Contractor shall be limited to
extra days for delay time and any direct costs related thereto, and to the direct costs of
completing extra work. 'Direct Costs' shall be those items defined in Section 3-3.2.2
Basis for Establishing Costs, Standard Specifications for Public Works Construction, as
the same is modified herein, plus a percentage as specified below Excluded from
direct costs shall be bond and insurance costs, so-called 'Eichleay damages' including,
but not limited to, home office overhead, lost bonding capacity profit, lost profits, and
lost interest, except to the extent those are covered by the percentages allowed.
Categories that may be recovered for extra work are limited to the following with
the percentages added:
Direct Costs Mark-Up
Labor 15%
Materials 12%
Equipment Rental 12%
Other Items 12%
Subcontracted Work 10% (first $5,000)
Subcontracted Work 5% (work in excess of first $5,000)
Specialty Subcontracting 5% (Provided at least three
(required by extra work) competitive bids are obtained and
contractor selected the lowest
bidder)
Contractor agrees that it will provide invoices or similar documents showing
actual costs so that percentages can be applied. Contractor agrees that without such
an invoice or other document, compensation shall not be owed by District.
CONTRACTOR ACKNOWLEDGMENT OF LIMITATIONS
OF COMPENSATION FOR EXTRA WORK
Contractor acknowledges that his recovery for damages or extra work is limited
as provided in this paragraph.
Contractor's Initials
37 INDEPENDENT CONTRACTOR
Contractor acknowledges and agrees that he is an independent Contractor who
has been retained for the results of his work and not for the means by which it is
accomplished. It is specifically agreed that the District does not have the right of control
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over the mode of doing the work contracted for and that neither the Contractor his
employees, nor his consulting Engineers are employees of the District.
38. REMEDIES
The remedies provided District herein shall be cumulative, and in addition to any
other remedies provided by law or equity A waiver of a breach of any provision hereof
shall not constitute a waiver of any other breach.
39 BOOKS AND RECORDS
Contractor's books, records and its plants or such part thereof as may be
engaged in the performance of this Contract, shall at all reasonable times be subject to
observation and audit by any authorized representative of District.
40. NOTICE TO DISTRICT OF LABOR DISPUTES
Whenever Contractor has knowledge that any actual or potential labor dispute is
delaying or threatens to delay the timely performance of this Contract, Contractor shall
immediately give notice thereof, including all relevant information with respect thereto
to District.
41 AS-BUILT DRAWINGS
Contractor shall provide District's Engineer with drawings of the Construction in
its 'as-built' condition.
42. DAYS AND HOURS OF WORK
Should the Contractor desire to perform construction work on Saturday Sunday
or on any day observed as a holiday by District, or prior to 8:00 a.m or after 5:00 p.m.
of any day he must submit his written request to District's Engineer at least 24 hours
prior to the proposed start of such work. No such work shall be commenced without the
prior approval of the District's Engineer The District observes those holidays specified
by Government Code Section 6700
The foregoing shall not apply in the case of an emergency necessitating
immediate work.
43. CONTRACTOR'S INDEPENDENT INVESTIGATION
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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
Contract, 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 purpose of letting this Contract 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 Contract, 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. In accordance with Public Contracts Code Section 7105 Contractor
shall not be liable for Acts of God.
44. INTERPRETATION
In the event of any conflict, inconsistency or incongruity between the provision of
this Contract and the provisions of Paragraph 2 hereof, or amendments thereto the
provisions of this Contract shall control in all respects.
45. ATTORNEY'S FEES
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
If any action is brought against the Contractor or any subcontractor to enforce a Stop
Notice or Notice to Withhold which names the District as a party to said action, District
shall be entitled to reasonable attorneys fees, costs and necessary disbursements.
46. ADDITIONAL COSTS
Contractor shall be responsible to reimburse the District a sum equal to the
expenses of administration and legal services required to be expended by the District in
processing Notices to Withhold Stop Notices, or similar legal documents arising out of a
failure of the Contractor to pay for labor or materials. Said obligation shall be provided
for in the payment bond required by the Contractor The District shall further have the
right to offset any such costs and expenses incurred by District against any sums owing
to Contractor under the Agreement.
47 ASSIGNMENT
No assignment by the Contractor of this Contract 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
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48. 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.
49. OBSERVATION
Services shall be furnished by the District on an eight (8) hour day and forty (40)
hour week basis. Any additional observation that is required in excess of the foregoing
shall be paid for by the Contractor at special hourly rates to be determined by District.
50. WORKMANSHIP AND MATERIALS
Unless otherwise specifically provided for in the specifications, all workmanship,
equipment, materials and articles incorporated in the work covered by this Contract are
to be new and of the most suitable grade of their respective kinds for the purpose
intended. Where equipment, materials or articles are referred to in the specification as
'equal to any particular standard District shall decide the question of equality In the
manner and to the extent required by the specifications, Contractor shall furnish District
for approval full information concerning the equipment, materials or articles which he
contemplates incorporating in the work. Samples of material shall be submitted for
approval when required for specification. In addition to furnishing a list of
subcontractors, and prior to commencing the work covered by this Contract, Contractor
shall furnish District a list of the equipment, materials, or articles Contractor proposes to
use in the performance of this Contract. Substitutions of equipment, materials or
articles shall not be done unless approved by the District's Engineer
51 WARRANTY
Unless otherwise agreed to in writing by the parties, Contractor warrants that the
work shall be performed in the best and most workmanlike manner by qualified careful
and efficient workers, in strict conformity with the best standard practices; shall be free
from defect in workmanship and material, and shall conform with all provisions of this
Contract, including, but not limited to all specifications included in this Contract. The
provisions of this warranty together with any applicable warranties and guarantees of
Contractor's subcontractors and suppliers shall survive observation, test and
acceptance of any payment for the work performed hereunder and shall run to the
District its successors and assigns. Except for latent defects, fraud or such gross
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mistakes of Contractor as amount to fraud, notice of any defect or non-conformity may
be given by District to Contractor at any time prior to the expiration of ONE (1) YEAR
after the recording of the Notice of Completion by District of such work. Contractor shall
promptly perform all work required to correct such defects or non-conformities by
replacement or repair as District may direct, all at Contractor's sole cost and expense.
All defective or non-conforming material which District requires to be replaced shall be
removed promptly from the site of the work by Contractor at its sole expense. If
Contractor fails promptly to correct any non-conformity District may do so and charge
the cost thereof to Contractor Work required to be corrected or replaced shall be
subject to the provisions of this paragraph in the same manner and to the same extent
as when such work was initially presented for final acceptance. District's right to require
Contractor to repair or replace any defective or non-conforming work shall be in addition
to any other rights District may have for breach of warranty and shall not be considered
as an exclusive remedy If the District prefers to accept defective or non-conforming
work, it may do so instead of requiring its removal or correction, in which case a Change
Order will be issued to reflect a reduction in the Contract Sum where appropriate and
equitable. Such adjustment shall be effected whether or not final payment had been
made.
52. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in
accordance with Government Code Section 4216 before commencing any excavation.
53. TRENCH PROTECTION
Contractor shall submit its detailed plan for worker protection during the
excavation of trenches required by the scope of the work in accordance with Labor
Code Section 6705.
54. TRENCHING CONDITIONS
If this contract involves digging trenches or other excavations that extend deeper
than four 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, or Class II disposal site in accordance with provisions of existing
law.
(b) Subsurface or latent physical conditions at the site differing from those
indicated.
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(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 contract.
(d) 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 the procedures described in the contract.
(e) In the event that a dispute arises between the District and the Contractor
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 an
part of the work, the Contractor shall not be excused from any scheduled completion
date provided for by the contract, but shall proceed with all work to be performed under
the contract. The Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting
parties.
55. 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 of
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.
56. NOTICE OF THIRD PARTY CLAIMS
District agrees to provide Contractor with timely notice of the receipt of any third
party claim related to the contract, pursuant to Public Contracts Code Section 9201
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed the day and year first above written.
COSTA MESA SANITARY DISTRICT CONSULTANT
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General Manager Signature
ATTEST Typed Name
Title
District Clerk
APPROVED AS TO FORM:
District Counsel
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