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Project 166 - Specifications - 2004-05-17 COSTA MESA SANITARY DISTRICT ORANGE COUNTY CALIFORNIA 0. MANHOLE AND PUMP STATION COATING AND MISCELLANEOUS WORK PROJECT 1112100-166 QROFESS/pyq /10 m caw RC:317 0 s EXP./ 12004 cli4y. Al1FC3'�CI IL C ROBIN B. HAMERS MANAGER/DISTRICT ENGINEER MAY 17 2004 COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that sealed proposals for furnishing all labor materials, equipment, transportation, and such other facilities as may be required for the CONTRUCTION OF THE FOLLOWING PROJECT MANHOLE AND PUMP STATION COATING AND MISCELLANEOUS WORK, PROJECT NO 1112100-166 Bids will be received by the Costa Mesa Sanitary District, at the office of the City Clerk, 77 Fair Drive, Costa Mesa, California until the hour of 10:00 a.m., June14, 2004, at which time they will be opened publicly and read aloud in the council chambers. Sealed proposals shall bear the title of the work and name of the bidder but no other distinguishing mark. Any bid received after the scheduled closing time for the receipt of bids shall be returned to the bidder unopened It shall be the sole responsibility of the bidder to see that his bid is received in proper time. A set of plans and specifications may be obtained at the City of Costa Mesa, Department of Public Services, e floor 77 Fair Drive, Costa Mesa, California upon a non-refundable payment of $15.00 (full size plans are available upon request). An additional charge of $10 00 will be made if handled by mail. [Phone 714/754-5307 for purchasing information.] Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the Costa Mesa Sanitary District. No proposal shall be considered unless accompanied by such cashier's check, cash or bidder's bond. No bid shall be considered unless it is made on a blank form furnished by the Costa Mesa Sanitary District and is made in accordance with the provisions of the Proposal requirements. Each bidder must be licensed and also pre-qualified as required by law A Class A or C42 contractor's license is required. The Board of Directors of the Costa Mesa Sanitary District reserves the right to reject any or all bids. The Contractor shall comply with the provisions of Section 1770 to 1780, inclusive, of the California Labor Code; the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California, which are filed with the Clerk of the District; and shall forfeit penalties prescribed therefore for noncompliance of said code. The successful bidder shall be required to post a payment bond to insure that persons working on the job are paid. 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. Liquidated damages in the sum of $250 per day shall be imposed for each unexcused day beyond the contract completion date. Dated May 17 2004 BY ORDER OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT TABLE OF CONTENTS Page Proposal P 1 18 Standard Specifications 1 Part 1 General Provisions 1-2 Definitions 1 13 Abbreviations .2 2 1 Award and Execution of Contract. .2 Procedure for proposal Submittal .2 Request for Interpretation 3 Return of Bid Security 3 License Required 4 Execution of Contract. 4 Assignment of Clayton Act and Cartwright Act. 4 2 3.1 Subcontracts: General 4 2-4 Contract Bonds 5 2 5 Plans and,Specifications 5 2-9 1 Permanent Survey Markers 5 2 11 Inspection. 6 3-1 1 Changes Requested by the Contractor General 7 3-3 1 Extra Work: General. 7 6 1 Construction Schedule and Commencement of Work 7 7 6-6.2 Extensions of Time. 8 7 2 Labor 8 Apprentices g 7-3 Liability Insurance 9 7 5 Permits 10 7-6 The Contractor's Representative 10 7-8.1 Cleanup and Dust Control 11 7-8.5 Temporary Light, Power and Water 11 7 10 Public Convenience and Safety 11 7 13 Laws to be Observed 12 9-3.1 Payment: General 12 9-3.2 Partial and Final Payment 12 9-3.3 Delivered Materials 13 Part II Special Provisions 14 Al High Build Polyurethane Mortar 14 Scope of Work 14 General 14 Flow Control 14 Surface Preparation 14 Infiltration Control 15 Liner Application 15 Polyurethane Mortar Material 15 Material Substitution. 16 Measurement and Payment 16 Warranty 17 A2. Measurement and Payment 17 A3. Traffic Control and Local Agency Jurisdiction 17 A4 Safety Requirements 17 B1 Sample Agreement— CMSD and Contractor 18-48 PROPOSAL PROJECT NO 1112100-166 MANHOLE AND PUMP STATION COATING AND MISCELLANEOUS WORK TO THE BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT 77 FAIR DRIVE COSTA MESA, CALIFORNIA 92626 GENTLEMEN In compliance with the NOTICE INVITING BIDS for MANHOLE AND PUMP STATION COATING AND MISCELLANEOUS WORK which is hereto attached the undersigned has carefully examined the location of the proposed work the plans specifications and other contract documents therefore and is satisfied as to the conditions to be encountered as to the character quality and quantity of work to be performed and materials to be furnished as to the requirements of the specifications and the contract It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination If awarded the contract the undersigned agrees to commence work under the contract within ten calendar days from the date of the contract and to complete said work within one hundred twenty (120) working days from the first day of commencement of said work unless legal extension is granted in accordance with the terms set forth in the specifications and to perform and complete the work as shown on the plans and in accordance with the specifications and other contract documents and to furnish all labor materials tools and equipment necessary to complete the work in place in the manner and time prescribed at the following prices to wit PROPOSAL SCHEDULE Item Approx. Item with Unit Price Unit Price No Quantity Written in Words Figures Total 1 L S Repair existing manhole #1 for Dollars and _ Cents $ L S $ _ per Lump Sum 2 L S Repair existing manhole #2 for Dollars and Cents $ L. S . $ per Lump Sum P-1 Bidder s Initials 3 L S Repair existing manhole #3 for Dollars and Cents $ L $ __ per Lump Sum 4 L S Repair existing manhole #4 for Dollars and Cents $ _ L S $ per Lump Sum. 5 L S Repair existing manhole #5 for Dollars and Cents $ L. S . $ per Lump Sum 6 L S Repair existing manhole #6 for Dollars and Cents $ L. S . $ _ per Lump Sum 7 L S Repair existing manhole #7 for Dollars and _ Cents $ L S $ per Lump Sum 8 L S Repair existing manhole #8 for Dollars and Cents $ L S $ per Lump Sum 9 L S Repair existing manhole #9 for Dollars and Cents $ L S $ per Lump Sum 10 L S Repair existing manhole #10 for Dollars and _ Cents $ L. S . __ $ per Lump Sum P-2 Bidder s Initials 11 L S Repair existing manhole #11 for Dollars and Cents $ L S ___ $ per Lump Sum 12 L S Repair existing manhole 412 for Dollars and Cents $ L. S . $ per Lump Sum 13 L S Repair existing manhole #13 for Dollars and Cents $ L S $ per Lump Sum 14 L S Repair existing manhole #14 fl.r. Dollars and Cents $ L. S . per Lump Sum. 15 L S Repair existing manhole #15 for Dollars_and Cents $ L S $ per Lump Sum 16 L S Repair existing manhole #16 for Dollars and Cents $ L. S . __ $ per Lump Sum 17 L S Repair existing manhole #17 for Dollars and Cents $ L S_ $ per Lump Sum 18 L S Repair existing manhole #18 for Dollars and Cents L . S $ per Lump Sum P- Bidder s Initials 19 L S Repair existing manhole #19 for Dollars and Cents $ L S per Lump Sum 20 L S Repair existing manhole #20 fcr Dollars and Cents L. S .L. S . $ per Lump Sum. 21 L S Repair existing manhole #21 for Dollars_and Cents $ _ L S $ per Lump Sum 22 L S Repair existing manhole #22 for Dollars and Cents $ L. S . per Lump Sum. 23 L S Repair existing manhole #23 for Dollars and Cents $ L. S _ $ per Lump Sum 24 L S Repair existing manhole #24 fcr Dollars and Cents $ L. S . per Lump Sum. 25 L S Repair existing manhole #25 for Dollars_and Cents $ L S __ $_ per Lump Sum 26 L S Repair existing manhole #26 for Dollars and Cents $ L. S $ per Lump Sum P-4 Bidders Initials 27 L S Repair existing manhole #27 for Dollars and Cents $ L S __$ __ _ per Lump Sum 28 L S Repair existing manhole #28 for Dollars and Cents $ L. S per Lump Sum. 29 L S Repair existing manhole #29 for Dollars and Cents $ L S _ per Lump Sum 30 L S Repair existing manhole #30 for Dollars and Cents $ L. S . $ per Lump Sum. 31 L S Repair existing manhole #31 for Dollars and Cents $ L S $ per Lump Sum 32 L S Repair existing manhole #32 for Dollars and Cents $ L. S . $ per Lump Sum. 33 L S Repair existing manhole #33 for Dollars_and Cents $ L S $ per Lump Sum 34 L S Repair existing manhole #34 for Dollars and Cents $ L. S . $ per Lump Sum p-5 Bidders Initials 35 L S Repair existing manhole #35 for Dollars_and Cents $ L S $ per Lump Sum 36 L S Repair existing manhole #36 fir Dollars and Cents $ L. S . _$_ per Lump Sum. 37 L S Repair existing manhole #37 for Dollars and Cents $ L S $ per Lump Sum 38 L S Repair existing manhole #38 for Dollars and Cents $ L. S $ per Lump Sum. 39 L S Repair existing manhole #39 for Dollars and Cents _$ L S per Lump Sum 40 L S Repair existing manhole #40 for Dollars and Cents $ L. S . $ __ per Lump Sum. 41 L S Repair existing manhole #41 for Dollars and Cents $ L S _$ per Lump Sum 42 L S Repair existing manhole #42 fcr Dollars and Cents , L S $ per Lump Sum P-6 Eidders Initials 47 L S Repair existing manhole #47 fcr Dollars and Cents__$ L S _ $_ per Lump Sum 48 L S Repair existing manhole #48 frr Dollars and Cents $ L. S . $ per Lump Sum. _ 49 L S Repair existing manhole #49 for Dollars and Cents $ L S $ per Lump Sum 50 L S Repair existing manhole #50 for Dollars and Cents $ L. S . $ per Lump Sum 51 L S Repair existing manhole #51 for Dollars and _Cents $ L S $ per Lump Sum 52 L S Repair existing manhole #52 for Dollars and Cents $ L. S_ $ per Lump Sum. 53 L S Repair existing manhole #53 for Dollars and Cents $ L S $ per Lump Sum 54 L S Repair existing manhole #54 for Dollars and Cents $ L. S . $ per Lump Sum P-7 Bidders Initials 55 L S Repair existing manhole #55 fcr Dol] arsand Cents $ L S $ per Lump Sum 56 L S Repair existing manhole #56 for Dollars and Cents$ L. S . $_ per Lump Sum. 57 L S Repair existing manhole #57 fcr Dollars_and Cents $ S $ per Lump Sum 38 L S Repair existing manhole #58 for Dollars and Cents $ L. S . $ per Lump Sum 59 L S Repair existing manhole #59 for Dollars and __Cents $ L S_ $ per Lump Sum 60 L S Repair existing manhole #60 for Dollars and Cents $ L ;_ $ per Lump Sum 61 L S Repair existing manhole #61 for Dollars and Cents $ L S $_____ per Lump Sum 62 L S Repair existing manhole #62 for Dollars and Cents $ L. S . __ $ per Lump Sum P-8 Bidders Initials 63 L S Repair existing manhole #63 for Dollars and _Cents $ L S $ per Lump Sum 64 L S Repair existing manhole #64 for Dollars and Cents $ L S_ $ per Lump Sum 65 L S Repair existing manhole #65 for Dollars_and _Cents $ L S per Lump Sum 66 L S Repair existing manhole #66 fcr Dollars and Cents $ L S $ per Lump Sum. 67 L S Repair existing manhole #67 for Dollars and Cents_ $ L S $ per Lump Sum 68 L S Repair existing manhole #68 for Dollars and Cents $ L. S . per Lump Sum. 69 L S Repair existing manhole #69 for Dollars and _ Cents__$__ L S _ $ per Lump Sum 70 L S Repair existing manhole #70 for Dollars and _ Cents $ L S $ per Lump Sum P-9 Bidders Initials 71 L S Repair existing manhole #71 for Dollars and - Cents $ L S $ per Lump Sum 72 L S Repair existing manhole #72 for Dollars and Cents $ L. S . per Lump Sum. 73 L S Repair existing manhole #73 for Dollars and Cents $ L S per Lump Sum 74 L Repair existing manhole #74 for Dollars and Cents $ L. S per Lump Sum 75 L S Repair existing manhole #75 for Dollars and Cents $ L S _$_ per Lump Sum 76 L S Repair existing manhole #76 for Dollars and Cents $ L. S . $ per Lump Sum. 77 L S Repair existing manhole #77 for Dollars and Cents $ L S $ per Lump Sum 78 L S Repair existing manhole #78 for Dollars and Cents L S $ per Lump Sum P-10 Bidders Initials 79 L S Repair existing manhole #79 f r Dollars and Cents $ L S $ per Lump Sum 80 L S Repair existing manhole #80 for Dollars and - Cents $ L S per Lump Sum 81 L S Repair existing manhole #81 for Dollars and Cents $ L S per Lump Sum 82 L S Repair existing manhole #82 for Dollars and Cents $ L. S . $ per Lump Sum. 83 L S Repair existing manhole #83 for Dollars_and Cents_$ __.L S $ per Lump Sum 84 L S Repair existing manhole #84 for Dollars and Cents $ L. S $ per Lump Sum 8 L S Repair existing manhole #85 fir Dollars and Cents $ L S_ $ per Lump Sum 86 L S Repair existing manhole #86 fcr Dollars and Cents $ L . S . per Lump Sum P-11 Bidders Initials 87 L S Recoat Elden Pumping Station interior with Sancon 200 or approved equivalent for Dollars and Cents $ L S $ per Lump Sum 88 L S Recoat 23`d Street Pumping Station interior with Sancon 200 or approved equivalent for Dollars and Cents $ L. S . _ per Lump Sum 89 L S Recoat Gisler Pumping Station interior with Sancon 200 or approved equivalent for Dollars and Cents_$ _L S $ per Lump Sum 90 L S Recoat California Pumping Station interior with Sancon 200 Or approved equivalent for Dollars and Cents $ L. S . __ __$ per Lump Sum. 91 L S Recoat Harbor Pumping Station interior with Sancon 200 Or approved equivalent for Dollars and Cents $ L S per Lump Sum 92 L S Recoat Santa_Ana_Pumoina—Station interior_with_3ancon 20 ; Or approved equivalent for Dollars and Cents L. S .L. S . $ per Lump Sum. P-12 Bidders Initials The Contractor agrees that the District will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done If any error omission or mis-statements shall be discovered in the estimated quantities it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fired therefore 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 in:idental items of work not separately provided in the proposal shall be considered included in the price bid for other various items of work Accompanying this proposal is �$ ) NOTICE Insert the words Cash Certified Check or Bidder s Bond as the case may be in an amount equal to at least ten per cent of the total bid price payable to the Costa Mesa Sanitary District P-13 Bidder s Initials The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted by the District and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the District with surety satisfactory to the District within 10 Days after the bidder has received written notice of the award of the contract otherwise said security shall be returned to the undersigned Respectfully submitted Name Contractor Title Street BY Title City State Zip Contractor s License Expiration Date & Classification Business Phone Number Name Title Residence Phone Number Residence Street City State Zip I declare under penalty of perjury under the laws of California that the forgoing is true and correct Dated at this day of 2004 the State of (Signed) The full names and residences of all persons and parties interested in the foregoing proposal as principals are as follows P 14 Bidder s Initials NOTICE Give first and last names in full in case of corporation give names of President Secretary Treasurer and Manager and affi, 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 Bidder shall signify receipt of all Addenda here if any Addendum No Date Received Bidder s Signature P-15 Bidder s Initials DESIGNATION OF SUBCONTRACTORS In compliance with the Subletting and Subcontracting Fair Practices Act being Sections 4100-4113 of the Government Code of the State of 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 Dr improvement in an amount in excess of 1/2 of 1% of the prime Contractor s total bic and shall further set forth the portion of the work which will be done by each such Subcontractor Only one Subcontractor for each such portion shall be listed If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract he shall be deemed to have agreed to perform such work himself and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity and then only after a finding reduced to writing as a public record of the Legislative Body of the owner Portion State License Of Work Subcontractor s Name and Address Number Class P-16 Bidder s Initials BIDDER S BOND TO ACCOMPANY PROPOSAL (Required if the bidder desires to submit bond instead of a 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 2004 P-17 Bidder s Initials NON-COLLUSION AFFIDAVIT The bidders by its officers and agents or representatives present at the time of filing this bid being duly sworn on their oaths say that neither they nor any of them have in any way directly or indirectly entered into any arrangement or agreement with any other bidder or with any public officer of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to such bidder or public officer any sum of money or has given or is to give to such other bidder or public officer anything of value whatever or such affiant or affiants or either of them has not 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 2004 My commission expires Notary Public P-18 Bidder s Initials 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 PART 1 - GENERAL PROVISIONS 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 1 (h) STATE Chapter 3 Part 5 Division 3 Title 2 of the CONTRACT Government Code The prcvisions of this act 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 1-3 ABBREVIATIONS CCM City of Costa Mesa CMSD Costa Mesa Sanitary District CNB City of Newport Beach OCSD Orange County Sanitation District OC Orange County 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 perscn firm, or corporation who has submitted a sub-proposal ti 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 bid for the various items of work and must be signed by the bidder who shall give his address Eash bid 2 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 propcsed 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 3 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 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 2-3 1 SUBCONTRACTS GENERAL The Engineer as duly authorized officer may consent to Subcontractor substitution requested b} the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code 4 2-4 CONTRACT BONDS The Faithful Performance Bond and the Labor and Material Bond shall both be one hundred percent ( 1000 ) 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 Completi3n is recorded Sureties providing performance bonds for Contractors must be licensed or agree to employ a licensed Contractor with a Class A or cther 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 Califcrnia 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 specificaticns and plans the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall confr-rm 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 infcrm the Engineer or his representative of any discrepancies 291 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 5 governing agency on 8-1121 X II 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-II 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 rf 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 6 If the Contractor considers any work demanded of him to be outside the requirements of the contract or if he considers any instruction ruling or decision of the Inspector or Engineer to be unfair he shall within 10 days after any such demand is made or instruction ruling or decision is given file a written protest with the Engineer stating clearly and in detail his objections and reasons therefore Except for such protests and objections as are made of record in the manner and within the time above stated the Contractor shall be deemed to have waived and does hereby waive all claims for extra work damages and extensions of time on account of demands instructions rulings and decisions of the Engineer Upon receipt of any such protest from the Contractor the Engineer shall review the demand instruction ruling or decision objected to and shall promptly advise the Contractor in writing of his final decision which shall be binding on all parties unless with the 10 days thereafter the Contractor shall file with the Board of Directors a formal protest against said decision of the Engineer The Board of Directors shall 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 who may grant the changes prescribed in this section 3-3 1 EXTRA WORK GENERAL The extra work as defined in this section of Standard Specifications and any work done beyond the lines and grades shown on the plans shall only be performed when ordered in writing by the Engineer In absence of such written order any such work shall be considered unauthorized and will not be paid for Work so done may be ordered removed at the Contractor s expense 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OE 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 7 6-6 2 EXTENSIONS OF TIME In the event the work called for under the contract s 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 Escept 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 wor 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 ccst 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 dais prior the the time fixed for the completion thereof or the time fixed by the Board of Directors cr 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 8 In order to verify the compliance of said cRde Contractor may be required by the District from time to time to furnish weekly for the duration of the contract period copies of his payroll statements showing wages paid each employee during the preceding week and the employee work classification to the Engineer for checking Using Form DH-H- 397 Payroll Statement of Compliance is an acceptable method of fulfilling the above requirement APPRENTICES Attention is directed to the provi ions 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 section 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 polities 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 proiide 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 perfcrming the work provided for herein 9 Each of the policies of insurance provided for shall contain a clause substantially in the following words It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof be reduced until ten days after receipt by the Engineer of a written notice of such cancellation or reduction in coverage as evidenced by receipt of a registered letter The insurance required to be provided herein shall be provided by a domestic carrier authorized to and doing business in the State of California and rated A+ nI 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 ether 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 7-6 THE CONTRACTOR S REPRESENTATIVE Contractor shall also file with the Engineer the addresses and telephcne numbers where he or his designated representative may be reached during hours when the wcrk 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 10 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 crder 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 pork 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 f r 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 The Work Area Traffic Control Handbook (WATCH) The Manual of Warning Signs Lights and Devices for Use in Performance of Work Upon Highways State Labor Code Sections 6704 6706 and 6707 The Construction Safety Orders (CAL/OSHA) The General Industry Safety Orders (CAL/OSHA) Standard Specifications for Public Works C(cnstructirn (The Green Book) 11 7-13 LAWS TO BE OBSERVED The Contractor shall protect and indemnif the District the Board of Directors the Engineer and all of its or their officers agents and servants against any claim or liability arising from or based on the violation of any existing or future State Federal and Local laws ordinances regulations orders or decrees whether by himself or his employees If any discrepancy or inconsistency is discovered in the plans drawings specifications or contract for the work in relation to any such law ordinance regulation order or decree the Contractor shall forthwith report the same to the Engineer in writing 9-3 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 cr related work to complete the job in order that no separate work or compensation is needed t_ complete the work 9-3 2 PARTIAL AND FINAL PAYMENT The lead time for proces ing invoices fcr 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 In Dices 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 upcn recommendation of the Engineer accept the work as complete and authorize the final payment The amount retained and deducted by the District shall be 5% of the progress estimates for all progress payments The final payment of the retention amount to the Contractcr shall he 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 12 It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract except the final certificate of final payment shall be conclusive evidence of full or substantial performance of this contract and no payment shall be construed to be an acceptance of any defective work or improper material The acceptance of final payment by the Contractor shall release the District the Board of Directors and the Engineer from any and all claims or liabilities on account of work performed by the Contractor under the contract or any alterations thereof 9-3 3 DELIVERED MATERIALS Materials delivered but not in place will not be classified as work done except as otherwise provided in these specifications 13 CMSD 1112100-166 MANHOLE AND PUMP STATION COATING AND MISCELLANEOUS WORK PART II SPECIAL PROVISIONS The following additions are made to the 'Standard Specifications If there is a conflict between these additions and the Standard Specifications, these additions shall have precedence. Al High Build Polyurethane Mortar Manhole/Wet Well Rehabilitation Specifications Scope of Work. The intent of the work under this section involves the rehabilitation of existing concrete and brick sewer manholes and/or wet wells at various locations using a High Build Polyurethane Mortar Work may consist of day and/or night work both on the roadway and in utility easements up to 200' from vehicular access. The contractor shall coordinate his work so as not to interfere with maintenance crews or disrupt normal sewer service. Manhole rehabilitation shall include the following phases: Traffic control, Preparation of substrate, removal of existing manhole stairs as directed by the Engineer installation of new stairs, re-shaping channel, and application of 3/8' thick polyurethane mortar General: The contractor shall furnish all labor material and equipment necessary for all traffic control, preparation of surfaces, application of polyurethane mortar safety procedures per Cal-OSHA Permit Required Confined Space Requirements, protection of existing utilities or surfaces and equipment, and jobsite cleanup. Flow Control. • Any flow control or bypass pumping necessary to perform manhole or structure rehabilitation will be the responsibility of the contractor Surface Preparation • All concrete, brick or mortar surfaces to be lined shall be waterblasted to remove all deteriorated concrete, oil, grease, or existing coating to produce a good sound, clean concrete or brick. All manhole steps shall be removed as directed by the Engineer Ncw polyethelyne steps shall be installed. • Waterblasting equipment shall be capable of 10,000 psi. Cleaning shall be accomplished with a minimum of 5,000 psi using no detergents, solvents or chemicals of any kind. 14 • All debris produced from the waterblastmg operation shall be removed from the structure prior to coating. No debris shall be allowed to enter the sewer system. The concrete or brick surface shall be air dried prior to polyurethane mortar application. Infiltration Control: All active structure infiltration must be eliminated prior to liner application. Infiltration control will be treated as extra work and as directed by the Engineer All grouting will completed in accordance with NASSCO Specifications (Refer to 8th edition, January 1994 NASSCO Specification on manhole sealing (page 130 section 3a). Liner Application • The polyurethane mortar application shall be performed only by workmen trained and experienced with the specified material. The contractor shall provide proof of such experience with the bid documents. Proof shall include a list of similar projects using the specified material. The polyurethane mortar shall be applied through plural component equipment specifically designed and approved by the manufacturer of the polyurethane mortar material. The equipment shall be in good working order to insure correct proportioning and mixing of the components. • The polyurethane mortar shall be applied to a thickness of 375 mils (3/8 inch) in one continuous coat, without seams, free from any holes or defects. The polyurethane mortar shall be installed from the flow level to the base of ring and cover over dry concrete. • During polyurethane mortar application, the Contractor shall take wet gauge thickness readings as required to insure correct thickness. • The uniform polyurethane mortar shall be free from porosity without bubbles or pinholes and uniform in color All areas in question shall be removed, reworked and patched. • Application of the mortar lining shall not take place when exposed to rain, or high winds. It is the Contractor s responsibility to insure protection of the work from the above mentioned conditions. Polyurethane Mortar Material: The polyurethane mortar material shall be a two-component, 100% solid, non-solvent sprayable polyurethane coating, such as Sancon 200 as manufactured by Sancon Engineering, Huntington Beach, California or equal. The material shall be the high-build type capable of application thickness, as specified, without runs or sags. 15 The color shall be white or cream. The complete coating shall be impermeable to sewer gases and liquids and non conductive to bacterial or fungus growth. The polyurethane mortar shall be capable of repair at any time during its life. Material Substitution. Materials specified are those which have been evaluated for the specific service. Elastomeric urethane products of Sancon Engineering, Inc. are listed above to establish a standard of quality Standard products of manufacturers other than those specified may be accepted when it is proved to the satisfaction of the Engineer they meet Standard Specifications requirements, are equal in composition, durability usefulness, and convenience for the purpose intended. Substitution will be considered provided the following minimum conditions are met: • The proposed polyurethane mortar system shall have a thickness equal to or greater than that of the specified system. • The proposed polyurethane mortar system shall be applied in one coat. • The proposed polyurethane mortar system shall be capable of passing ASTM D-1737 for flexibility using a cylinder mandrel of 0.5 inch (12.7 milimeters). • The proposed polyurethane mortar system shall have been successfully used in 10 similar projects, and at least three years old, where polyurethane mortar has been applied to similar exposure and application. • All requests for substitution shall carry full descriptive literature and directions for application, along with complete information, generic type and non-volatile content by volume. • In the above-mentioned data, if it appears to be in order the Engineer may require that the Contractor provide certified laboratory data sheets showing proposed substitute. An independent testing laboratory satisfactory to the Engineer shall perform the required testing. All costs incurred in the testing program shall be borne by the Contractor The Engineer shall be sole and final judge of the acceptability of any proposed substitution. Requests for substitution must be approved in writing. • The manufacturer of the elastomeric polyurethane shall warrant its polyurethane mortar for five years against any type of failure due to defects in material and application. A copy of the warranty shall be submitted. Measurement and Payment: The contract prices are on a Lump Sum basis per location and shall be paid for as stated in the bid schedule and shall include furnishing all traffic control, tools, materials and equipment necessary for a complete rehabilitation of each manhole or wet well per the specifications, and no additional compensation will be allowed therefore. 16 Warranty The polyurethane mortar system shall be warranted for (5) five years against any type of failure. Contractor shall remove and replace all failures at his expense during the warranty period. A2 Measurement and Payment Payment for rehabilitating and lining each manhole or wet well shall be on a lump sum basis for each location indicated on the plans and shall include all equipment, labor and materials to perform the work and shall also include the services of a registered Traffic Engineer if required, to prepare for approval by the local agency traffic control and detour plans for all signalized intersections and other intersections where the local agency will not accept the WATCH Manual or other publication standard drawings. A3 Traffic Control and Local Agency Jurisdiction The Contractor shall obtain a permit from the local agency having jurisdiction over the areas where the work is being done. The local agencies are the City of Costa Mesa, and the City of Newport Beach. The Contractor is responsible for providing the local agency with traffic control and detour plans that are necessary to obtain the permits. A4. Safety Requirements The Contractor shall conform to the latest OSHA requirements for work in permit-required confined spaces while working in the manholes and pump stations and shall abide by the Work Area Traffic Control Handbook (WATCH), the Manual of Warning Signs, Lights, and Devices for use in performance of Work Upon Highways, and the local agency's directives for traffic control and safety 17 AGREEMENT 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 nonce 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. 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: 18 This AGREEMENT Notice Inviting Scaled 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" 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. 19 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 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. 20 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, is 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 application for extension thereof, in writing with the DISTRICT Manager/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 DISTRICT Manager/Engineer 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 21 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 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 22 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. 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 37 23 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 24 Manager/Engineer. CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other contractor. 19 Payments to CONTRACTOR (A) On or before the 25th day of each and every month during the performance of the work, CONTRACTOR shall submit to DISTRICT Manager/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 Manager/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: (1) To substitute securities for any money retained by DISTRICT 25 (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. 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 26 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 DISTRICTs 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 junsdiction. The obligations on CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or 27 similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to DISTRICT its employees and officials. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub contractor, subtier 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 insureds 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 28 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 Iso 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. 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. 29 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 nghts 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. 30 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 obhgation, 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 insureds 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 31 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 insureds. 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 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 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. 32 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. 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 33 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 DISTRICT Manager/Engineer in wnting thereof and give specific reasons therefor; DISTRICT Manager/Engineer 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 DISTRICT Manager/Engineer, and the concurrence of the DISTRICT Board shall not be necessary All reasonable expenses of such procurement incurred by the DISTRICT Manager/Engineer 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 34 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 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. 35 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 77 Fair Drive Costa Mesa, California 92626 Notices required to be given to CONTRACTOR shall be addressed as follows. Notices required to be given to CONTRACTOR's sureties shall be addressed as follows: 36 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 wnting and shall provide that all work to be performed thereunder shall be performed in accordance with this Contract. Upon 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 Manager/Engineer his affidavit stating that all workmen and persons employed and all finis 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. 37 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 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. 38 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 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 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 wntten change nonce signed by the DISTRICT's Manager/Engineer 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 nonce of the DISTRICT Manager/Engineer given before the work is to be done or before services are rendered. The DISTRICT Manager/Engineer shall only have authority to order changes when the work is of a value less than 2% of the contract amount or TEN THOUSAND DOLLARS ($10,000.00) whichever is greater. All other changes must be approved by the Board of Directors. A. Extra Work Damages. 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 39 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 compensation shall be subject to the approval of the Board of Directors unless within the authority of the DISTRICT Manager/Engineer. B. Limitation of Damages. CONTRACTOR shall be limited in the damages 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, 1997 edition. Excluded from direct costs shall be mark ups on matenals, equipment rentals or other items or expenditures, so-called "Eichleay damages" including, but not limited to home office overhead, lost bonding capacity lost profits, and lost interest. 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 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. 40 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 Manager/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 Manager/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. 41 43 CONTRACTOR's Independent Investigation 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 attorney's fees, costs and necessary disbursements. 42 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 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 43 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 Manager/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 44 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 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. 45 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. (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 46 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 nghts 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 Parry Claims. District agrees to provide Contractor with timely notice of the receipt of any third parry claim related to the contract, pursuant to Public Contracts Code Section 9201 47 Dated this day of 1999 COSTA MESA SANITARY DISTRICT By President By Secretary APPROVED AS TO FORM. By General Counsel APPROVED AS TO CONTENT By District Manager/Engineer CONTRACTOR Contractor: By. Its. (MUST BE NOTARIZED) 48