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Project 161 - Specifications - 2004-12-31
n COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA WATER SERVICES FOR SEWER PUMP STATIONS PROJECT NO 1112100-161 l F2c � m RCE31720 EXPT004 sT9T tVll �\P F or C AL ROBIN B. HAMERS MANAGER/DISTRICT ENGINEER BID SET NUMBER TABLE OF CONTENTS Page Proposal P 1 — P 11 Standard Specifications 1 Part 1 General Provisions 12 Definitions. 1 1 3 Abbreviations 2 2 1 Award and Execution of Contract 2 Procedure for Proposal Submittal 2 Request for Interpretation. 3 Return of Bid Security 3 Execution of Contract 4 Assignment of Clayton Act and Cartwright Act Claims. 4 2 3 1 Subcontracts. General. 4 2-4 Contract Bonds 5 2 5 Plans and Specifications. 5 2 9 1 Permanent Survey Markers 6 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. 8 6-6.2 Extensions of Time. 8 7 2 Labor 8 Apprentices 9 7 3 Liability Insurance 9 7 5 Permits 10 7-6 The Contractors Representative 10 7-8.1 Cleanup and Dust Control 10 7-8.5 Temporary Light, Power and Water 11 7 10 Public Convenience and Safety 11 7 13 Laws to be Observed 11 9-3.1 Payment: General 12 9-3.2 Partial and Final Payment. 12 9-3.3 Delivered Materials. 12 PART 3 CONSTRUCTION METHODS A I General Description of Work 13 B-1 Additions to Standard Specifications 14 300-1 Clearing and Grubbing 14 300-2 Unclassified Excavation 14 301 2 Untreated Base 14 302 5 Asphalt Concrete Pavement 14 302 5 4 Asphalt Concrete Pavement—Tack Coat. 14 306.1.3 Open Trench Operations — Backfill and Densification 15 306.1.5 1 Temporary Resurfacing 15 B-II Guarantees and Tests 15 B-III Safety Requirements and Permits 16 B-IV Traffic 16 C I Mesa Consolidated Water District Standard. Drawing No 1 17 C II Mesa Consolidated Water District Standard. Drawing No. 3 18 C III Mesa Consolidated Water District Standard. Drawing No. 23 19 C IV City of Newport Beach Standard Drawing No. 105-L 20 C V City of Newport Beach Standard Drawing No 502 L 21 C VI City of Newport Beach Standard Drawing No. 520-L 22 C VII City of Costa Mesa Standard Drawing No. 312 23 C VIII City of Costa Mesa Standard Drawing No. 411 24 C IX City of Costa Mesa Standard Drawing No. 412 25 C X City of Costa Mesa Standard Drawing No 813 26 C XI Irvine Ranch Water District Standard Drawing W 1 27 C XII Irvine Ranch Water District Standard Drawing \V 20 28 C ZIII Febco Backflow Preventer Model 825 VA .29-30 C XIV Hot Rock Detail. 31 32 C XV Pumping Station Pictures with Construction Notes 33-46 Sample Agreement— CMSD and Contractor 47 77 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 CONSTRUCTION OF THE FOLLOWING PROJECT WATER SERVICES FOR SEWER PUMP STATIONS PROJECT NO 1112100-161 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 , Monday, April 22, 2002, 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 the 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 4th floor, 77 Fair Drive, Costa Mesa California upon a non-refundable payment of $ 10 00 (full size plans are available upon request) An additional charge of $2 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 proposals 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 prequalified 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 athat persons working on the job are paid Pursuant to California Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities witht he 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 March 27 2002 BY ORDER OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT P R O P O S A L PROJECT NO 1112100-161 WATER SERVICES FOR SEWER PUMP STATIONS 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 the WATER SERVICES FOR SEWER PUMP STATIONS 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 30 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 Lump Sum Construct water service water meter, backflow preventer, piping rock covering, quick coupling assembly and box including but not limited to, traffic control, trenching, repaving replacement of public improvements as required, and all incidental or related work as necessary for a complete job for the California Pumping Station for dollars and cents per Lump Sum $ $ P-1 Bidder ' s Initials PROPOSAL SCHEDULE (continued) Item Approx Item with Unit Price Unit Price No. Quantity Written in Words Figures Total 2 Lump Sum Construct water service, water meter, backflow preventer piping rock covering quick coupling assembly and box including but not limited to traffic control trenching repaving, replacement of public improvements as required, and all incidental or related work as necessary for a complete job for the Canyon Pumping Station for dollars and cents per Lump Sum $ $ 3 Lump Sum Construct water service water meter backflow preventer piping, rock covering quick coupling assembly and box including but not limited to traffic control trenching repaving, replacement of public improvements as required and all incidental or related work as necessary for a complete job for the Elden Pumping Station for dollars and cents per Lump Sum $ $ 4 Lump Sum Construct water service, water meter backflow preventer, piping rock covering quick coupling assembly and box, including but not limited to, traffic control trenching repaving, replacement of public improvements as required, and all incidental or related work as necessary for a complete job for the Gisler Pumping Station for dollars and cents per Lump Sum $ $ P-2 Bidder' s Initials PROPOSAL SCHEDULE (continued) Item Approx Item with Unit Price Unit Price No. Quantity Written in Words Figures Total 5 Lump Sum Construct water service water meter backflow preventer, piping, rock covering quick coupling assembly and box, including but not limited to traffic control trenching repaving, replacement of public improvements as required, and all incidental or related work as necessary for a complete job for the Wilson Pumping Station for dollars and cents per Lump Sum $ $ 6 Lump Sum Construct water service, water meter, backflow preventer piping, rock covering quick coupling assembly and box including but not limited to, traffic control, trenching repaving replacement of public improvements as required, and all incidental or related work as necessary for a complete job for the Iowa Pumping Station for dollars and cents per Lump Sum $ $ 7 Lump Sum Construct water service water meter backflow preventer piping rock covering quick coupling assembly and box, including but not limited to, traffic control trenching, repaving, replacement of public improvements as required and all incidental or related work as necessary for a complete job for the Mendoza Pumping Station for dollars and cents per Lump Sum $ $ P-3 Bidder' s Initials PROPOSAL SCHEDULE (continued) Item Approx Item with Unit Price Unit Price No. Quantity Written in Words Figures Total 8 Lump Sum Construct water service water meter backflow preventer piping rock covering quick coupling assembly and box including but not limited to traffic control trenching, repaving replacement of public improvements as required and all incidental or related work as necessary for a complete job for the Santa Ana Pumping Station for dollars and cents per Lump Sum $ $ 9 Lump Sum Construct water service water meter backflow preventer, piping, rock covering quick coupling assembly and box including but not limited to, traffic control trenching repaving, replacement of public improvements as required and all incidental or related work as necessary for a complete job for the South Coast Plaza Pumping Station for dollars and cents per Lump Sum $ $ 10 Lump Sum Construct water service, water meter backflow preventer piping rock covering quick coupling assembly and box including but not limited to traffic control trenching repaving, replacement of public improvements as required and all incidental or related work as necessary for a complete job for the Tustin Pumping Station for dollars and cents per Lump Sum $ $ P-4 Bidder' s Initials PROPOSAL SCHEDULE (continued) Item Approx Item with Unit Price Unit Price No. Quantity Written in Words Figures Total 11 Lump Sum Construct water service water meter backflow preventer piping, rock covering quick coupling assembly and box including but not limited to traffic control, trenching repaving, replacement of public improvements as required, and all incidental or related work as necessary for a complete job for the Victoria Pumping Station for dollars and cents per Lump Sum $ $ 12 Lump Sum Construct water service, water meter backflow preventer piping rock covering quick coupling assembly and box, including but not limited to, traffic control trenching repaving replacement of public improvements as required, and all incidental or related work as necessary for a complete job for the 21st Street Pumping Station for dollars and cents per Lump Sum $ $ 13 Lump Sum Construct water service, water meter, backflow preventer, piping, rock covering, quick coupling assembly and box including but not limited to traffic control trenching repaving replacement of public improvements as required, and all incidental or related work as necessary for a complete job for the 23rd Street Pumping Station for dollars and cents per Lump Sum $ $ P-5 Bidder 's Initials Total or gross sum written in words Total or gross sum in figures Bidder 's Initials In case of a discrepancy between the words and figures, the words shall prevail The Contractor agrees that the District will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done If any error, omission or mis-statements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefor, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract The Contractor agrees that the District shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work Accompanying this proposal is ($ NOTICE Insert the words "Cash" , "Certified Check" or "Bidder s Bond" , as the case may be in an amount equal to at least ten per cent of the total bid price payable to the Costa Mesa Sanitary District The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted by the District and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the District with surety satisfac- tory 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 P-6 Bidder' s Initials Respectfully submitted Contractor' s Business Name Contractor Title Business Address Street BY Title City State Zip Contractor' s License Expiration Date & Classification Business Phone Number Name Title Residence Street City State Zip Residence Phone Number I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct Dated at this day of 200 (Signed) The full names and residences of all persons and parties interested in the foregoing proposal, as principals are as follows NOTICE Give first and last names in full in case of corporation, give names of President Secretary Treasurer and Manager, and affix corporate seal; in all cases of partnerships and joint ventures give names of all the individual members P-7 Bidder ' s Initials 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-8 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 or improve- ment in an amount in excess of 1/2 of 1% of the prime Contractor' s total bid and shall further set forth the portion of the work which will be done by each such Subcontractor Only one Subcontractor for each such portion shall be listed If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such work himself and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity and then only after a finding reduced to writing as a public record of the Legisla- tive Body of the owner Portion State License Of Work Subcontractor' s Name and Address Number Class P-9 Bidder' s Initials BIDDER' S BOND TO ACCOMPANY PROPOSAL (Required if the bidder desires to submit bond instead of a certified or cashier' s check) KNOW ALL PEOPLE BY THESE PRESENTS That we as principals and as surety, are held and firmly bound unto the Costa Mesa Sanitary District a special district, organized under the laws of the State of California and situated in Orange County in the sum of ($ ) to be paid to the District, its successors and assigns, for which payment well and truly to be made we bind ourselves, our heirs, executors, and administrators successors or assigns joint and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH, That if the certain proposal of the above bounden, is accepted by the Costa Mesa Sanitary District and if the above bounden his heirs, executors, administrators successors and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within 10 days (not including Sunday) from the date of the mailing of a notice of the above bounden by and from District, that said contract is ready for execution, then this obligation shall become null and void otherwise it shall be and remain in full force and virtue IN WITNESS WHEREOF We hereunto set our hands and seals this day of , 200 P-10 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 direct- ly 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 whatso- ever, 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 200 My Commission expires Notary Public P-11 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 is 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 - 1 - (g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract (h) STATE Chapter 3 Part 5 Division 3 , Title 2 of the Government CONTRACT Code The provisions of this act and other applicable ACT 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,PF&RD Orange County Public Facilities & Resource Development 2-1 AWARD AND EXECUTION OF CONTRACT The award of contract if awarded, will be to the lowest responsible bidder whose proposal complies with all requirements of the notice inviting bids The District however, reserves the right to reject any or all bids, and to waive any informality in the bids received The award if made will be made within 30 days after the opening of the bids PROCEDURE FOR PROPOSAL SUBMITTAL Proposal shall be made and submitted on the Proposal Forms in accordance with the Notice Inviting Bids In addition to the required signatures in the spaces provided in the proposal forms each bidder shall initial each sheet of the proposal forms at the bottom right hand corner No person firm or corporation shall be allowed to make file or be interested in more than one bid for the same work; unless alternate bids are called for A person, firm or corporation who has submitted a sub-proposal to a bidder or who has quoted prices on materials to a bidder is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders If on the opening of bids more than one bid appears in which the same person firm or corporation is interested as a principal, all such bids shall be rejected - 2 - Proposals with interlineations, alterations or erasures, shall be initialed by the bidder' s authorized agent Alternative proposals, special conditions or other limitiations or provisions affecting the bid except as such called for by the contract documents, will render the bid informal and may cause its rejection All proposals must give the prices bid for the various items of work and must be signed by the bidder who shall give his address Each bid shall have thereon the affidavit of the bidder that such bid is genuine and not sham or collu- sive or made in the interest or behalf of any other person not therein named and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid or any person firm or corporation to refrain from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over any other bidder REQUEST FOR INTERPRETATION If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans specifications or other proposed contract documents , or finds discrepancies in or omissions from the drawings or specifications he may request the Engineer, in writing for an interpretation or correction thereof The person submitting such a request shall be responsible for its prompt delivery All such interpretations of the contract documents will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or delivered to each person receiving a set of contract documents at his last address of record The District will not be responsible for any other explanations or interpretations of the contract documents RETURN OF BID SECURITY Any bidder may withdraw his bid, either personally, or by telegraphic or written request, at any time prior to the scheduled closing time for the receipt of bids It is the sole responsibility of the bidder to see that any such telegraphic or written request is delivered to the District Clerk prior to said closing time Bid security of such bidders will be returned promptly to the bidder The bid security of the three lowest bidders will be retained until the contract is awarded, entered into and executed with the bidder of accepted bid, after which those will be returned to the respective bidders with whose proposal they accompanied The bid security of all other bidders will be returned after the canvass of bids The bid security of the bidder of accepted bid will be held by the District until the contract has been entered into and the bonds accompanying the same are approved and filed, whereupon the said bid security will be returned to the bidder - 3 - If the bidder fails or refuses to enter into contract to do the work, the bid security shall be forfeited to the District and shall be collected and paid to the General Fund of the District LICENSE REQUIRED Contractor shall have a Class A or C42 license to perform this work "OR EQUAL" PROVISION When otherwise specified, any product called for on these Specifications may be substituted using the process described in Public Contract Code Section 3400 EXECUTION OF CONTRACT The contract shall be signed by the successful bidder and returned to the District together with the contract bonds as specified in Section 2-4 of the Standard Specifications and as amended below and any changes or additions made thereto in these specifications within 10 days after receipt of written notice of 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 by the Contractor subject to the limitiations 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 (100%) of the contract price The Faithful Performance Bond shall be held for one year from the date the Notice of Completion is recorded Sureties providing performance bonds for Contractors must be licensed or agree to employ a licensed Contractor with a Class A or other applicable specialty contractor ' s license from the State of California 2-5 PLANS AND SPECIFICATIONS Engineer will provide the Contractor free of charge copies of plans and specifications that are reasonably necessary for the execution of work Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, for his general use If after award of contract, should it appear that the work to be done, or any matter relative thereto is not sufficently detailed or explained in the specifications and plans the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the contract All scaled dimensions are approximate Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies - 5 - 2-9 1 PERMANENT SURVEY MARKERS Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls monument, ties and benchmarks located within the limits of the work If any of the above require removal relocating or resetting the Contractor shall , prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction Any ties monuments and benchmarks disturbed during construction shall be reset per local agency standards after construction and the tie notes submitted to the appropriate governing agency on 8-1/2" X 11" loose leaf paper The Contractor and his sureties shall be liable for, at his own expense any resurvey required due to his negligence in protecting existing ties monuments, benchmarks or any such horizontal and vertical controls Unless a separate bid item is provided full compensation for conforming to the requirements of this sub-section shall be considered as included in the contract bid price paid for various other items of work and no additional compensation will be allowed 2-11 INSPECTION The Contractor shall give at least 48 hours advance notice of time when he or his Subcontractor will start or resume the various units of operations of the work as per the contract or resume the said units or operations when they have been suspended as per the contract The above notice is to be given during working hours exclusive of Saturday Sunday or holidays for the purpose of permitting the Engineer to make necessary assignments of his representative or inspector on the work Any work performed in conflict with said notice without the presence or approval of the inspector, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor ' s expense and shall be removed at Contractor's expense if so ordered by the Engineer or inspector on the work Any unauthorized or defective work defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment or final acceptance of work or exoneration of bonds shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work - 6 - All authorized alterations affecting the requirements and information given on the approved plans shall be in writing No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing Deviations from the approved plans, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing All instructions rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing as provided in the following paragraph and as provided in Section 1670 of the Civil Code If the Contractor considers any work demanded of him to be outside the requirements of the contract or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he shall within 10 days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer stating clearly and in detail his objections and reasons therefore Except for such protests and objections as are made of record in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work damages and extensions of time on account of demands instructions rulings and decisions of the Engineer Upon receipt of any such protest from the Contractor, the Engineer shall review the demand instruction ruling or decision objected to and shall promptly advise the Contractor, in writing of his final decision, which shall be binding on all parties, unless with the 10 days thereafter the Contractor shall file with the Board of 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 - 7 - 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor and the Engineer The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract review scheduling discuss construction methods and clarify inspection procedures The Contractor will be required to submit for approval by the Engineer a complete schedule showing the number of working days required to complete the project 6-6 2 EXTENSIONS OF TIME In the event the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the Board of Directors shall have the right to increase the number of working days for completion or not, as may seem best to serve the interest of the District Except for the delays beyond Contractor's control as described in Sections 5-5 and 6-6 1, the District shall have the right to charge the Contractor his heirs, assigns, or sureties and to deduct from the final payment for the work, all or any part as it may deem proper of the actual cost of engineering, inspection superintendence and other overhead expenses which are directly chargeable to the Contractor and which accrued during the period of such extensions except that the cost of the final services and preparation of the final estimates shall not be included in such charges In addition to the above charges Contractor shall pay to the District liquidated damages as specified in Section 6-9 for such delays No extension of time for the completion of the work called for under the contract shall be allowed unless at least 20 days prior the the time fixed for the completion thereof, or the time fixed by the Board of Directors or its designee for such completion as extended Contractor shall have filed application for extension thereof in writing, with the Engineer addressed to the Board of Directors or its designee In this connection it is understood that the Engineer shall not transmit any such request to the Board or its designee if not filed within the time herein prescribed 7-2 LABOR The Contractor shall comply with the provisions of Section 1770 to 1780 inclusive of the California Labor Code the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations State of California which are filed with the Assistant Secretary of said District and shall forfeit penalties prescribed therefore for noncompliance of said Code Travel and subsistence payments shall be paid in accordance with Labor Code 1773 8 as defined in applicable collective bargaining agreements - 8 - In order to verify the compliance of said code Contractor may be required by the District, from time to time to furnish weekly, for the duration of the contract period copies of his payroll statements showing wages paid each employee during the preceding week and the employee work classification to the Engineer for checking Using Form DH-H-347 Payroll Statement of Compliance is an acceptable method of fulfilling the above requirement APPRENTICES Attention is directed to the provisions in Section 1777 5 and 1777 6 of the Labor Code concerning the employment of apprentices by the Con- tractor or any Subcontractor under him The Contractor and any Subcon- tractors under him shall comply with the requirements of said sections in the employment of apprentices Information relative to apprenticeship standards wage schedules and other requirements may be obtained from the Director of Industrial Rela- tions 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 Subcon- tractor to commence work on his sub-contract until all insurance required of the Subcontractor has been obtained The Contractor shall take out and maintain at all times during the life of the contract the following policies of insurance a Workman' s compensation insurance to cover his employees as re- quired by the Labor Code of the State of California and the Contractor shall require all subcontractors similarly to provide such compensation insurance for all of the latter's employees b Public liability and property damage insurance on account of bodily injuries, including death resulting therefrom in the sum of $5 , 000, 000 combined single limit for any one accident which may arise from the operations of the Contractor in performing the work provided for herein Each of the policies of insurance provided for shall contain a clause substantially in the following words It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof be reduced until ten days after receipt by the Engineer of a written notice of such cancellation or reduction in coverage, as evidenced by receipt of a registered letter - 9 - The insurance required to be provided herein shall be provided by a domestic carrier authorized to and doing business in, the State of California and rated A+ XI by Best Key Rating Guides--Property-- Casualty and admitted for coverage in the State of California Insurance Guarantee Fund The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required herein, or present a certificate of insurance showing the issuance of such insurance Contractor shall also provide an endorsement naming the District as an additional insured 7-5 PERMITS Except as otherwise specified in the Special Provisions the Contractor shall procure all permits and licenses pay all charges, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work These permits and licenses shall be obtained in sufficient time to prevent delays to the work In the event that the agency has obtained permits licenses or other authorization applicable to the work the Contractor shall comply with the provisions of said permits licenses and other authorizations In the case the agency does procure any permits it is understood that the agency is acting as an authorized agent for the contractor and that the Contractor shall be soley responsible for all work performed under the permit 7-6 THE CONTRACTOR' S REPRESENTATIVE Contractor shall also file with the Engineer the addresses and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress Instructions and information given by the Engineer to the Contractor ' s authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor 7-8 1 CLEANUP AND DUST CONTROL All surplus materials shall be removed from the site of the work daily after completion of the work causing the surplus materials Unless the construction dictates otherwise and unless otherwise approved by the Engineer, Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean whenever construction including restoration, is incomplete - 10 - Failure of the Contractor to comply with the Engineer' s dust control orders may result in an order to suspend work until the condition is corrected; and after filing notice to the Contractor the Engineer may order this accomplished by others All costs thus incurred shall be deducted from the amount to be paid to the Contrac- tor No additional compensation will be allowed as a result of such suspension No separate payment will be made for any work performed, of material used, to control dust resulting from the Contractor ' s performance on the work or by public traffic, either inside or outside the right of way Full compensations for such dust control will be considered as included in the prices paid for the various items or work involved 7-8 5 TEMPORARY LIGHT, POWER AND WATER The Contractor shall provide for his employees and adequate supply of clean potable drinking water which shall be dispensed through approved sanitary facilities 7-10 PUBLIC CONVENIENCE AND SAFETY The Contractor shall abide by the following publications which are hereby made a part of these specifications 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 Construction (The Green Book) 7-13 LAWS TO BE OBSERVED The Contractor shall protect and indemnify the District, the Board of Directors the Engineer, and all of its or their officers, agents and servants against any claim or liability arising from or based on the violation of any existing or future State, Federal and Local laws ordinances, regulations, orders or decrees whether by himself or his employees If any discrepancy or inconsistency is discovered in the plans drawings specifications or contract for the work in relation to any such law ordinance regulation, order or decree the Contractor shall forthwith report the same to the Engineer in writing - 11 - 9-3 1 PAYMENT GENERAL Contractor is reminded that the unit and lump sum prices shown in the proposal shall be full compensation for the items of work described in the proposal including all incidental appurtenant or related work and materials, whether or not mentioned or specified, required to deliver the final product shown on the plans Contractor shall have examined the contract documents and site and shall include in his bid furnishing all materials labor equipment tools, incidental, appurtenant, or related work to complete the job in order that no separate work or compensation is needed to complete the work 9-3 2 PARTIAL AND FINAL PAYMENT The lead time for processing invoices for the monthly progress payment approved by the Engineer for inclusion on the warrant list of the District is governed by the rules and regulations established by the Board of Directors Invoices for monthly payments shall be submitted to the Engineer no later than the 25th of each month After completion of the contract, the Board shall upon recommend- ation of the Engineer, accept the work as complete and authorize the final payment The amount retained and deducted by the District shall be 5% of the progress estimates for all progress payments The final payment of the retention amount to the Contractor shall be made 35 days from the date of the recording of the Notice of Completion of the work after it is accepted by the Board of Directors and shall be made on duly certified voucher therefore It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract, except the final certificate of final payment shall be conclusive evidence of full or substantial performance of this contract; and no payment shall be construed to be an acceptance of any defective work or improper material The acceptance of final payment by the Contractor shall release the District the Board of Directors and the Engineer from any and all claims or liabilities on account of work performed by the Contractor under the contract or any alterations thereof 9-3 3 DELIVERED MATERIALS Materials delivered but not in place will not be classed as work done except as otherwise provided in these specifications - 12 - SPECIAL PROVISIONS The following additions are made to Parts 2 & 3 of the "Standard Specifications" If there is a conflict between these additions and Standard Specifications, these additions shall have precedence PART 2 CONSTRUCTION MATERIALS None PART 3 CONSTRUCTION METHODS A-I GENERAL DESCRIPTION OF WORK The work to be done in general consists of the following Construct water service, water meter, backflow preventer, piping rock covering quick coupling assembly and box, including but not limited to traffic control, trenching repaving, replacement of public improvements as required, and all incidental or related work as necessary to perform a complete installation -13- B-I ADDITIONS TO STANDARD SPECIFICATIONS 300-1 CLEARING AND GRUBBING Clearing and grubbing shall consist of removing all obstructions and improvements as shown on the plans and specififed in Section 300-1 of the Standard Specifications 300-2 UNCLASSIFIED EXCAVATION Unclassified excavation shall consist of all excavation 301-2 UNTREATED BASE Payment for aggregate base required for the roadway, structural section above the trench shall be included in the contract price for the related item of work No separate compensation will be allowed Payment for aggregate base used as bedding or trench backfill shall be included in the contract price for the related item of work No separate compensation will be allowed 302-5 ASPHALT CONCRETE PAVEMENT The asphalt concrete class and grade shall conform to the requirements of the local agency owning the street No separate compensation will be allowed 302-5 4 ASPHALT CONCRETE PAVEMENT - TACK COAT Grade SS-Ih emulsified asphalt shall be used as a tack coat as required for asphalt concrete overlay and as required by the agency owning the street No separate compensation will be allowed -14- 306-1 3 OPEN TRENCH OPERATION - BACKFILL AND DENSIFICATION Sawcutting of the A C and backfill of the trench shall be as required by the agency owning the street Payment for slurry used as backfill for excavations shall be included in the contract price for the related item of work, no separate compensation will be allowed 306-1 5 1 TEMPORARY RESURFACING Payment for temporary resurfacing shall be included in the contract price for the related construction item No separate payment will be allowed B-III GUARANTEES AND TESTS The Contractor shall guarantee all materials to be new and all materials and workmanship to be free from defects for a period of one year from the date of written acceptance of the completed work by the Board of Directors of the Costa Mesa Sanitary District This guarantee does not extend to claims for injury to person or property of third parties due to negligent construction -15- B-IV SAFETY REQUIREMENTS AND PERMITS The Contractor shall obtain a permit from the City of Costa Mesa or other local agency having jurisdiction The Contractor will be required to comply with all requirements of Sections 6704 6706, and 6707 of the State Labor Code The Contractor will submit to the Engineer in advance of excavation, a structurally approved plan showing the design of shoring, bracing sloping or other provisions to be made for worker 's protection from the hazard of caving ground during the excavation of trenches and provisions for the control of groundwater The Contractor will obtain, in advance of excavation, a permit authorizing such construction from the Division of Industrial Safety of the State of California Unattended excavation will be backfilled covered or protected to the satisfaction of the Engineer and local governing agency B-V TRAFFIC The Contractor shall furnish, erect and maintain at his own expense such fences signs, barricades, lights arrow board flagmen guards and such other devices as are necessary and so directed by the Engineer to prevent accident, damage or injury to the public The Contractor shall be guided by' the State of California, Business and Transportation Agency, Department of Public Works publication "Manual of Warning Signs Lights and Devices for use in performance of Work Upon Highway" latest edition and the WATCH handbook The Contractor shall at all times abide by the local agencies inspector ' s directives concerning the control of traffic during construction The Contractor shall maintain local access for all residences and businesses within the limits of construction The Contractor shall cover or fill open trenches after each construction day and on holidays or weekends to the satisfaction of the City Engineer -16- CHIP 2 'W' IN CURB FACE 10 TO IDENTIFY WATER SERVICE LOCATION - I \\ _ .o d % © _� ---1 ) \\\ -a, \ •i ` . I ,a � \\� l�k I � 1 ' Z Sr4 J T METER BOX AND CUSTOMER N SERVICE VALVE REQUIRED ON "CRUSHED CUSTOMER SIDE TO BE SUPPLIED v f ROCK SUPPLIED BY BY M.0 W D (J 1908W) 0 ij, 2 CONTRACTOR I © NIT S I N GENERAL NOTES / �p D s �'J• Z 1 ?� N 1. SERVICE SADIA.E REQUIRED FOR ALL MAINS, EXCEPT STEEL,SEE STD. DWG.NO 13 2. INSTALL CORPORATION STOP WITH KEY SIDEWAY IN OPEN POSITION.(FOR HOT TAP) I v, . /./ 3. THE CORPORATION STOP TAP WILL BE MADE AS SPECIFIED BY THE JOHNS-MANVILLE INSTAL O LATION GUIDE. ALL DRY OTHER MADE WITH GUIDE OR PILOT TAP (TR OT 4 THE WATER SERVICE SHALL EXTEND PERPENDICULAR TO THE CENTERLINE OF THE STREET ' FRCM THE WATER MAIN TO THE METER STOP EXCEPT IN CUL-DE SAC ENDS. S. STANDARD 1 SERVICE CONIECTION USED WITH NE FOLLOWING METER SIZES. 5/8 ' METER, 3/4' METER, AND 1' METER. 6. I-OTTAP TO MAIN SHALL SE WITHIN 18' OF A COUPLING OR WITHIN 18" OF ANOTHER I TAP 7 PVC TAPS SHALL BE PER MANUFACTURE GUIDE APPROVED TAPPING BIT FOR C900 I LEGEND OF MATERIALS 1 ITEM NO SIZE AND DESCRIPTION MANUFACTURER SPEC NO. © Double S rap Bronze 5er ice Janes Jones J-979 (ACP) J-996 (PVC) Saddle - CS Thread Mueller H-16100 Series Ford S-90 ■■ Power Seal 3405 6 3406 9 James Jones J 3401 (CS X Compression) 0 1 Bronze Corpora _on Stop James Jones J-1500 (CSX Flare) (Cooeer w/CS Thread X Ccm?ression Mueller H-15000 Connec ion) Hot Tap) Ford F-600 I 0 1 Bronze Angle Me er S.op James Jones J 1525 (Copier w/Lockwing Mueller H-14255 Connec ion) Ford KV-43-44 F IO 1 Copper Tubing --- Type K Soft I 17 8/94 MESA CONSOLIDATED WATER DISTRICT STANDARD I STANDARD 1 " COPPER SERVICE ASSEMBLY 1 . , I I I METER BOX AND CUSTOMER SERVICE VALVE TO BE BC WOTHERS)D BY EXISTING SIDEWALK I h 10' kSUPPLIED(AND NE DT EI RA I INSTALLATION oI3 FRI" I ,./. \,.., de, .‘,/{7/ ,\\.\,.„.z., .. C \ g \ / ,4 , . t // I if/ \ AIM90C 1908W) I . m , I a, , , v I€5- iv ,_ !r , v Aro , A , --—1 \ \ ll ' t : /7-7 to 1 ' /0 1, \ • /1, -;:.•:f:Ct;_747: – ": 7....fiXITS-AtT-f 7...laz ——:::4;i::;,Ei c.. \ '-:--414s,••er 4 .r::_;:- z, :..-;:::;:..:--- =iJ-erg;1,-.72: . ■\,, 3 4. W ':".>\\\,,,;/' ' i 'V't \ :■'■•‘\ ./0,m‘v/il A v.A. \ , ,,, ___ • I I 3/4 CRUSHED ROCK SUPPLIED BY CONTRACTOR i II I IN T 5 NOTE BROOKS FRASER DR H a C METER BOX APPROXIMATELY 16 X 23" FOR 5/8 3/4 AND I METERS BROOKS FRASER OR H a C METER BOX APPROXIMATELY 22 X 35 FOR I 1/2 AND 2 METERS I 1 18 8/94 I MESA CONSOLIDATED WATER DISTRICT STANDARD DRAWING I STANDARD METER ASSEMBLY 3 . II Install twelve inches ( 12 ) above grade not more than thirty-six inches ( 36 ) above grade measured from the bottom of the device 1 and with a minimum of twelve inches ( 12 ) side clearance I NOTE . Use M.0 W D Current List of devices that have been evaluated and approved by the State of California Office of Drinking t Water and the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California This list has been adopted by MESA CONSOLIDATED WATER DISTRICT as the only assemblies approved for use on the water lines under our jurisdiction I, HEALTH HAZARD (CONTAMINANT) BACKFLOW PREVENTION DEVICE I 0 3/4 THRU 2" I Nat II p 2 I :;' ° i FLOW is a °p'■igi CO I N = ° 1 f M 2 1 NTS IKATERIAL LIST 1 1 BALL VALVES 2 SOLDER 90 ELL I3 M I P SOLDER ADAPTER 1 4 SOLDER UNION 5 TYPE K RIGED COPPER IOR BRASS 19 8/94 II MESA CONSOLIDATED WATER DISTRICT DRAWING q 1 REDUCED PRESSURE BACKFLOW PREVENTION ASSEMBLY 2 3 TYPES OF PAVEMENT REPLACEMENT 1 TRENCH RESURFACING IN PORTLAND CEMENT CONCRETE PAVEMENT SHALL BE PER STANDARD SPECIFICATIONS SECTION 306-1 5 EXCEPT THAT CONCRETE SHALL BE B THICK MINIMUM CLASS 560-C-3250. 2 TRENCH RESURFACING IN ASPHALT CONCRETE PAVEMENT SHALL BE PER STANDARD SPECIFICATIONS SECTION 306-1 5 EXCEPT THAT R. ASPHALT CONCRETE SHALL BE PLACED IN LIFTS NOT TO EXCEED 4 THICK. B. APPLY TACK COAT AND FEATHER NEW PAVEMENT RS NECESSARY TO SEAL THE CONTACT JOINT AND ELIMINATE PAVEMENT DEPRESSIONS WITHIN ONE FOOT OF THE CONTACT JOINT I CONTACT JOINT y—EXISTING PAVEMENT i :` PIPE BEDDING AND lir BRCKFILL PER STD.-106-L f 1 i/ \\ p O I n y $ / 4 1 REV 10/93 1 C II TY OF NEWPORT BUICK APPROVED: Q � , PUBLIC WORKS DEPARTMENT 1 DIRECTOR OF PUBLIC WORKS R.C.E. NO. 12806 TRENCH RESURFACING RATE 15 Nov 1993 SC LE N.T S. I BMW M. GRRCIA , STD-1 05-L 20 I 1 ""3 3'h' 2 431 7/ ii 1/ r 131/2 / I Ck 1 ° B i fie I /1 p • ,N;,�— 24' minimum PRIVATE l / —1.11811 g $' d 6 I SERVICE LI1,E l/ d��� d /3 10 IQpa% I cr�111 6' to 8"of aggregate bas cock 0 45°IL I+ , ma d* 1 see general note no.7 CONSTRUCTION NOTES ® Bras coupling with female I P thread I 20& 3O Brass tail piece and meter installed by City after meter box is in place. Tad piece shall be Ford C38-23-X (whe X the tail piece length in inches)or Jones J-134-94 for a We meter,and Ford C38-44-X (where Xis the tail piece length in inches)or Jones J-134-1' fora 1' meter. ® Angle mete stop ith copper flare inlet&lockwing,James Jones J-1525 or Ford KV23-444W 1 05 Type 'K copper tubing. •••• 0 Coupling with copper flar ends Jones) 1528 or J-1529,Ford C 22-44 or CS-22-44. I0 Corporation stop,male iron pipe thread inlet&copper flare outlet,Jones) 1505 Ford F700,or Mueller H-15025. OB Double strip bronze service saddle with iron pipe thread,Jones)979 or Ford 202B. I09 Concrete meter box Brooks#37 or H&C x437 or J&R*W41 Boxes subject to traffic loading require cast iron traffic covers 10 When installing 14' meter,install a meter bushing after the I"angle stop Bushing shall be Jones J-128-H or Ford A-34. IGENERAL NOTES 1 Couplings will not be permitted whe ervice line less than 60 feet in length. I 2 All tubing and finings between main and meter shall he 1 diameter(except where noted). 3 Tubing shall be bent with an approved bender.Distortion of O.D.shall not exceed is of its original diameter. 4 Se STD-516-L for spacing of multiple tap connections 5 See STD-505-L for en tap on steel cater mains. I 6 Compr ion fitti Igs of all types are expressly prohibited from use. * 7 Where services are to be installed on steel water mains, efer tc STD-505-1. Wher ervi are to be installed on cast or ductile iron water mains,change the addle to a stainless steel ervice clamp with on pipe threaded bushing. Ford FS202-IP4 for appropriate 1 pipe diamete CITY OF NEWPORT BEACH Drawn M.Dixu Date July 15 1994 I PUBLIC WORKS DEPARTMENT APPROVED a t /L R.E.NO. 12886 ((/,L/ PUBLIC WORKS DIRECTOR I Water Service 1 RE NO 38799 i-Fe ST/it/EAR U IL ES DIRECTOR STD ' DRAWING NO. D - SO2 - I 21 I Siamese pumper fittings post-indicator Il o ® valves are prohibited as a part of this 0 assembly They shall be installed at some point downstream of the below grade * 90°bend. ■ / a Ll ® — IN ■ 0 / -6 yr_--_, I I / ®� • III 10©n 24' minimum I9 `/�' 36 maximum m ///Itio.� 1 '.' 6' thick'; ::I /// °,°F ,6 thick P" mS °PoO�d� e'0 II (IL 0:01, I I 3/4 aggr has I I ` 15 _ - - __II City-owned piping private piping IProfile View not to scale ball valve shut-offs(test cocks) —!--161-'— ®typical. I ,,0 sici,1*- -�: n - . I 0: cool saa-ga4s 8 ,.. . .. •. lz^ 13 � - IPlan View not to scale I CONSTRUCTION NOTES: OApproved reduced pressure principle backflow O 90°bend, ement lined DI,FE x FE or FE x MJ ends w/retainer glands assembly with spring loaded check valves&integral ® — City supply pipe. Clas 52 mortar lined ductile iron pipe w/polyethylene I diaphram actuated relief alve Contact the CNB encasement. Utilities Dept.(644-3011)for roved list. ® Consumer piping AWWA approved potable water pipe material,ells p approved W 150 or flight O90°bend, FE x FE. Cement lined DI 10 Adjustable steel pipe support,hot dip galvanized after fabrication per ® — Resilient wedge gate valv OS&Y w/flanged ends STD-522-L Paint to match piping and valvmg. I ® DIP mortar lined spool pia (FE) 11 Air gap chef valv drain port to atmosphere.Outlet must be at least 12 O — 15016.ANSI rated flange. Fabricated integrally with above die live as embly slab. 2 actuated,spring loaded,double seated relief valve set to sense spool orspindle piece Threaded flanges ex epted and at le ast 2 PSI pr ssure differential between the check valves. © 6"thick concrete slab Reinforced with W1 4 x WI 4 13 Bronze body test alves Rubber seated ball valve shut-off with lever. I weld wire mesh. Concrete shall be C 560-3250 mix. 14 Install thrust block pe STD-510-L-A. 15 FE x MJ adapter with reta er gland. GENERAL NOTES: I 1. All above grade piping shall he painted ith an Alkyd Ena el paint system consisting of a 2 and primer coat and two(2)coats of mils (each)high gloss enamel. Color shall be White blue or ed 2 All below grade ductile ron fittings and piping shall be encased with an 8 mil polyethylene vrap in accord with AN OVA standards 3. All flange bolts shall be manufactured from type 316 stables steel Mechani al joint connections shall be made with either malleable iron or self-weathering CorTen Steel. I4. Backflow device shall be installed in easement granted to City Minimum ize is 5'wide x 10'long CITY OF NEWPORT BEACH Drawn. J.stanean Date July 15.1994 I PUBLIC WORKS DEPARTMENT APPROVED' R.E NO. 12806 (D /t.r L 4 PUBLIC WORKS DIRECTOR Reduced Pressure Principle RE.NO. 38799 _1eaF SrAr Ehr1T I Backflow Prevention Assembly LT ES DIRECTOR DRAWING NO STD - 520 - L . PAVEMENT WIDTH DIMENSION PER PLAN 1 1,-- I1/2 ., 1 R:%E R=1/p FINISHED F. I, SURFACE dC. R-I" ‘' . 1 ' . C '1 .!1 ` W . ► f ;:.-:•=1:46°- L ° _t \ C CRUSHED AGGREGATE SASE -...-„.. 21-2 it CONC. PER LIN. FT. 0.06054 CU.TDB.. I CU YD. IS.TIES UN.FT. TYPE't4'CURB a GUTTER MVEMENT WIDTH DIMENSION PER PLAN 1 1-0 21 6" R•I/2 R•1/2 1 . . FINISHED S"CF ' i SURFACE / . i f• . . 6J f . s . R-1., I; a 1 . • ` .• i 1 / 1 1 i ID ° e _8o 14;77.----- e CRUSHED AGGREGATE BASE o e t. -_�� ° __ �� 21-9" WIC. PER LIN. FT. 0.0445 CU YDS. I CU. YD 15.50 LIN. FT. TYPE BC-8'CURB a GUTTER NOTES: I. 1/4 EXPANSION JOINTS SHALL BE PLACED AT 46 INTERVALS AND AT ALL B.CR S E.CRS-AND I/9'(2 WEAKENED PLANE OR PLASTIC CONTROL JOINTS SHALL BE PLACED AT 10 INTERVALS. FOR DETAILS, SEE STD. DWG. N0.314. 2. CONCRETE SHALL BE 520-C-2500 PER CURRENT EDITION OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SEC. 201-1.1.2. 3. SUBGRADE RELATIVE COMPACTION SHALL NOT BE LESS THAN 9O% Dun Si CITY OF COSTA MESA TYPE "C`I CURB 8i GUTTER SCALE NONE CALIFORNIA ' sra DWG. ND PUBLIC SERVICES DEPARTMENT APPROVED it's/1U/�°�-f a '.L /'3 — 3 12 AA BRUCE D. M TERN R.C.E. 19388 Y 23 S F+--l. PK ' ' ALTERNATE 'A FOR SIDEWALK I Si I a' ADJACENT TO CURS. Ip" PER FT, I CAIRO 0 GUTTER ,_,.,„°r....--.r-.-%—to rallrgagleginearb • ', Y COLD JOINT 1111 •'PUELIC UTILITY EASEMENT � i° REMAINED FOR s' Pastor 5"I SECTION A—A - NAL AGGREGATE/'E IDIMEMSIONSI SK. VI. 074 SIDEWALK so'II/V-.•PK. s.4'-4' SO'P/V--PK•101 6•4'-4' 141 R/W--PI.T E.4'-4' RESIDENTIAL 6-4X GOYYCRCIAL O INDUSTRIAL 106'P/W--PK.t' 6.41LI' REOIOCRTIAL, S-4 CONWEROIAL S INDUSTRIAL 12 01 Rh--PK.l' S.4'-4' RESIDENTIAL 7'-4" OONWERGIAI. 0 INDUSTRIAL S' 4'.o' — — —' — A-NOT S' UTIUTY CASENtMt REQUIRED FOR p' PARKWAY 1 P C.C. SIDEWALK rU NI • • ' EYPANsnw JOINT a I/ EXPANSION JOINT 1 Vp Y3 V[AI@MED 4 /�°2t p s.rt JOINT OR PLAN[ JOINT , py ONAOs OR PLASTIC CONTROL aM1 VPDb� NSRAtAI>!s iV+•PPO.SN41 ✓JA.. CUR 0 GUTTER 10 IO 10' 1 to 101 10 I 40 j di 1 A-46-1 PLAN NOTES• 1. 1/4"FYIE1MG10N JOINTS EMALI,DE PLACED AT w'INTERVALS AND At INC ENO OF ALL Cul& RETURNS, E. 11/4'K ensile CM TOOL OP WEAKENED PLANS JODRS .NAIL BE PLACED AT 60 INTERYALS S. EXPANSION JOINTS AYR WEINKEIN PLANE JOINTS FOR SIDEWALK SHALL OE PLACED TO 001101114 WMM JOINTS OF THE CURS. 4. FOR EXFMNSIONIJOINT A N D NEAKLNED PLANE JOINT DETAILS,SEE sTO. DNS. NO.S I4. S. SIOCWALK TMICXNpI IS 4"EXCEPT AT OOIV[RYS VIERS IT SHALL SE A" THICK. 4. CONCRETE SMALL SE 520-C-E000 PER CURRENT EDITION Of STANDARD SPECIFICATIONS SLC.201-1.1.2 T I O' INTERVAL •ETWECN TRANSVERSE JOINTS NAY SE VARIED IF JOINING EYIpTING IMPROVEMENTS AMC APPROVED SY CITY ENGINEER- S. WIDER=EWALY TO NIOVIOL MIN. CLEAR INSTANCE PER STD. DC. ND.4!S. I. ALL EXPOSED CORNERS ON SIDEWALK SMALL SC ROVNOEO OFF WITH I/2'RACIUI. EACEPT AS OTNERINISE SHOWN ON STD. DWG. N0.3.1s CITY OF' COSTA MESA STANDARD SIDEWALK DETAILS ORAVN NONE CALIFORNIA /// SGLP NONE PUBLIC SERVICES DEPARTMENT APPROVED DATES�ss— S7D' DWG'NO. 4D. TERN RC.ETERN RL I93RA +�/I® TOTAL P 01 24 PEV I-.- I I 1 PK I r „ &ASEE NOTE II) p' or PER FT. I YT y iD�j ;': SECTION A> CR1nn SASE II F" ] t 1!4 -MAX. 1941111tEGATEI pIMENSIONS I PK.PARKWAY WIDTH •O'rent--Pic 10' S4'll/W--PK 7' 106'R/B'—PK V IIto'R/W--PK. S' • A TREE WELL •LOCKOUT (AE PER PLAN AND STD DWG 419 LTERNAT I4"►C.C. SIDEWALK R14) CURB• GUTTER w 00WNSION JOINT 1M►LAN W�jEAKENED PLASTIC E)tRWNSION JOINT to 1 to IQ LULIO' to to 40' I/5 X e WEANED PLANE OR PLASTIC CONTROL JOINT A-osi-1 I ,PLAN NOTES• I t. y4 EXPANSION JOINTS SHALL RE PLACED AT 40' INTERVALS AND AT THE ENO OFALL CURB RETURNS. E. 3'X2 WEAKENED PLANE OR PLASTIC CONTROL JOINTS SHALL BE PLACED AT 10' INTERVALS. 3. EXPANSION JOINTS AND WEAKENED PLANE JOINTS FOR SIDEWALK SHALL SE PLACED TO COINCIDE WITH JOINTS OF THE CURB. 1 4. FOR EXPANSION JOINTAND WEAKENED PLANE JOINT DETAILS,SEE STD. DWG.NO.s1 4. S. SIDEWALK THICKNESS IS 4r EXCEPT AT DRIVEWAYS WHERE IT SHALL CE 4"THICK. S. CONCRETE SHALL BE 520 C 2500 PER CURRENT EDITION Of STANDARD SPECIfICAT1OWS g FOR PUBLIC WORKS CONSTRUCTION SEC. 201 1.t.t 7. TREE WELL "'LOCKOUTS TO SE CONSTRUCTED W/ LOCATION • SPACING x EJ P PLAN. z S. JO INTERVAL BETWEEN TRANSVERSE JOINTS MAY BE VARIED IF JOINING "•EXISTING IMPROVEMENTS. REV. 4.25.10 N.H. 9. ALL EXPOSED CORNERS ON SIDEWALK SHALL SE ROUNDED WITH I/e RADIUS,EXCEPT RREEV'27-2-y79 CMO N^ AS OTHERWISE SHOWN ON STD. OWG.NO.314.' REV. 3-22-7T 10. WIDEN SIDEWALK TO PROVIDE WPC CLEAniSTANCE PER STD. DWG.NO 4` REV. 12-232_7 I II. SIDEWALK WIDTH(S) ALL BE PeR STD. DWG.NO, 41L• Fm CITY OF COSTA MESA COMMERCIAL SIDEWALK DETAILS DRAWN W.A.B. SCALE NONE II, CALIFORNIA STD. DWG. NO. ivy PUBLIC SERVICE DEPARTMENT APPROVE DATE�.�S (I, 12 c'.'( SHUC D. MATTERN R.C.E. 19358 • 1 25 SIEELCUT DR SAWCUT ----Th -- 0.2' EXISTING REPLACEMENT PAVEMENT PAVEMENT ----- A.C. OR P.C.C. M4j//`� //\ 0.1' p .5 A A g' 0.65 MINIMUM C.A.B. OR SLURRY FOR LOCAL STREETS. R 2' 0.50' • 1.00' MINIMUM C.A.B. OR SLURRY FOR HIGHER TRAFFIC .tiER 2' 1.0' ., 'AA\ STREETS. (� SFE ROTE 11 A -r- �FO�Mp TABLE MEREON SWILL PONE ISEE ROTE 12 - I1.0' MINIMUM BEDDING •A• AS PER SUBSECTION 301-1.2.1 OF THE STANDARD 0 PIPE ZONE S•ECIFICATIONS. SLURRY, C.A.B. OR AS SPECIFIED, COMPACTED 0.50' 0.50' TO THE SATISFACTION OF THE CITY ENGINEER. II OR D' _D_ OR D' BEDDING •B• CONCRETE AGGREGATE, C.A.B., C.M.B. OR AS 0.1 r wLLIFIED, MAXIMUM GRADATION MD. 2 COMPACTED TO THE •T 0/10 SATISFACTION OF THE CITY ENGINEER. \, S \ \ ` D/10 BUT NOT \\ �Y�/� //./ •/ ‘/M /1/�/// //�,''/// LESS THAN .5 'WHICHEVER IS III LESS BUT NOT UNDISTURBED FOUNDATION LESS THAN .35 MOTES. ! 1. ALL EICAVATION AND CONSTRUCTION OPERATIONS SMALL COMPLY WITH THE REQUIREMENTS OF CALIFORNIA DIVISION OF I UWSTRIAL SAFETY AND THE WORK AREA TRAFFIC !NA/10400K. (W.A.T.C.H. LATEST EDITION). 2. ALL TRENCHES IMICH ARE TRANSVERSE OR DIAGONAL TO EXISTING OR FUTURE STREETS (INCLUDING ALL INTERSECTION CROSSINGS) ALL LONGITUDINAL TRENCHES IN THE STREET WITHIN 1.5 OF THE EDGE OF THE GUTTER OR CURB (IF NO GUTTER), AROUND MANHOLES, AND ALL MAN (LESS THAN 2') LONGITUDINAL TRENCHES WHICH ARE LESS THAN IQ 20' LONG SHALL BE BACKFILLED WITH CLASS 100-E 100 SAND-CEMENT SLURRY ALL OTHER CONDITIONS SHALL BE 1/l1� MCKFILLED WITH SLURRY C.M.B. OR C.A.B. OR AS SPECIFIED. 3. SACKFUL AND COMPACTION METHODS SHALL CONFORM TO SUBSECTION 306-1.3 OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (LATEST EDITION) EXCEPT THAT 95% MINIMUM RELATIVE COMPACTION SHALL BE REQUIRED I/ WITHIN THE STRUCTURAL SECTION AND 0.5 BELOW, WITH 90S REQUIRED IN THE REMAINDER OF THE BACKFILL ZONE A. ALL REFERENCES TO SLURRY SHALL MEAN CLASS 100-E 100 SAND-CEMENT SLURRY I, 5. ALL A.C. REPLACEMENT REQUIRES A TACK COAT ON EXISTING EDGES AND A SEAL COAT ON THE SURFACE II6. ALL WORK SHALL CONFORM TO THE CITY OF COSTA MESA 'GUIDELINES FOR TRENCH EXCAVATION' ATTACHED HERETO. 7 MICR TO PLACING BACKFILL, CALL CITY OF COSTA MESA ENGINEERING DIVISION FOR BEDDING INSPECTION. •1 B. THE WHEEL CUT OR SAWCUT OF A.C. SHALL BE A STRAIGHT CLEAN LINE ACCEPTABLE TO THE CITY ENGINEER. 9. WHERE A.C. EXCEEDS 0.5' IN THICKNESS, ALTERNATE PAVEMENT REPLACEMENT THAN REQUIRED HEREIN WILL BE SPECI- FIED BY THE CITY ENGINEER. ill 10. PRIOR TO PERFORMING ANY WORK IN THE PUBLIC RIGHT-OF-WAY A PERMIT MUST BE OBTAINED FROM THE CITY OF COSTA MESA ENGINEERING DIVISION. 11. ON ALL NIGHWAYS SHOWN ON THE MASTER PLAN OF HIGHWAYS, A 03143' SHALL BE OF A WIDTH SUFFICIENT TO ACCOM- MODATE A SELF-PROPELLED STEEL ROLLER. - li12. THIS STANDARD SHALL APPLY TO ALL UTILITY CUTS IN THE PUBLIC RIGHT-OF-WAY C.A.B. CRUSHED AGGREGATE BASE AS PER SUBSECTION 200-2 OF THE STANDARD SPECIFICATIONS ft, C.M.B. RUSHED MISCELLANEOUS BASE _ iSED 4-16-86 �- 26 'CITY OF COSTA MESA TRENCHING DETAIL MAMMMOMC CALIFORNIA SCALE- STD.DWG.NO PUBLIC SERVICES DEPARTMENT APPROVEN-eZ~� Lz .__ DATE ,037 14 8I3 BRUCE MATTERN R.C.E. 19388 - MR IS la a so . 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Should the differential between the upstream U 5 Patent No 4,991 622 and the zone of the unit drop to 2 PSI, the differential relief valve shall open and maintain the proper differential. Features Mainline valve body and caps including relief valve body Installation versatility simplifies new and retrofit installations. and cover shall be bronze. Check valve moving members shall be center stem guided Relief valve shall have a Eliminates pipe elbows, nipples and unions from the removable seat ring. Check valve and relief valve installation. components shall be constructed so they may be serviced Reduces installation time labor costs and materials. without removing the valve body from the line. All seat Compact design simplifies retrofit. discs shall be reversible Integral flanged union connections allow assembly to be The assembly shall include flanged unions located removed from the line for freeze protection or maintenance between the mainline valve body and the ball valve shut- without the danger of spool substitution. offs to allow for field removal for freeze protection or Approved by the Foundation for Cross-Connection Control maintenance without danger of spool replacement. and Hydraulic Research at the University of Southern The assembly shall be rated to 175 PSI water working California. pressure and water temperature range from 32°F to 140°F Modular relief valve and check valve internal components The assembly shall meet the requirements of the USC for ease of maintenance. Smaller, less costly protective Foundation of Cross Connection Control and Hydraulic enclosures can be used to provide freeze protection and Research, Eighth Edition. vandalism protection due to compact size of valve. The assembly shall be a FEBCO Model 825YA or prior Field tested design for reliability and performance. approved equal. Replaceable relief valve seat ring for longer valve life. Typical Applications Low head loss for optimum performance. Reduced Pressure assemblies are used to protect Operation against toxic fluids in water services to industrial plants, In a flow condition, the check valves are open with the hospitals, morgues, mortuaries, and chemical plants. pressure between the checks, called the zone, being They are also used in irrigation systems, boiler feed, water maintained at least 5 PSI lower than the inlet pressure. The lines and other installations requiring the highest level of relief valve is held closed by the pressure differential. mechanical protection. / 29 Installation The FEBCO Model 825YA provides versatility in REDUCED PRESSURE BACKFLOW PREVENTER installation because it can be installed in any of four Model 825YA 3/4 through 2' configurations. The most typical configuration is shown in TYPICAL INSTALLATION the vertical up flow in/vertical down flow out diagram. This provides for an extremely short lay length which is advantageous in areas of limited space for installation Side iew of embly erti alh erti all ut flow nfigu at; within a protected enclosure. Cost savings can be realized due to the reduction in materials needed such as nipples, Protean; elbows, unions, and size of the enclosure. With the integral ��Q,. Endo FEBCO , �s; ..G flanged union connections the assembly can be removed Model 825YA v+r° =r:r.• St =alw from the line for freeze protection without a spool (Opt, al) substitution. It is not recommended that any backflow 12"MI prevention assembly be removed from the line for _. maintenance unless assurance can be made that a spool wa Mete cross connection cannot be substituted. The flanged union 't=o rt. nsn -•n=�' '•• clap Ir–n=n= connection mounted at 45 degrees will provide this assurance. The FEBCO Model 825YA is shipped in the �iji�e ■T_ X11 \I� configuration shown in the vertical up flow/vertical down ii 11. flow out diagram, but can easily be modified to the three other configurations (shown on inside of this specification sheet)simply by removing the bolts to rotate the end adapters. With any configuration, material and labor savings can be Characteristics achieved.The FEBCO Model 825YA is the only Reduced Maximum working pressure 175 PSI (1200 KPa) Pressure Assembly which provides these options in a compact, integral assembly All internal components are Hydrostatic test pressure 350 PSI (2400 KPa) interchangeable with the FEBCO Model 825Y providing the Temperature range 32°F to 140°F (0° to 60°) same ease of maintenance and reliable operation. Fluid Water Reduced Pressure Backflow preventers should be installed with a minimum clearance of 12' between port and floor or End Detail Threaded ANSI/ASME grade.They must be installed where discharge will not be 81.20 1 objectionable and can be positively drained away.They Main valve body Bronze should be installed where easily accessible for testing and maintenance and must be protected from freezing. Relief valve body Bronze Thermal water expansion and/or water hammer downstream of the backflow preventer can cause Elastomers Seat Disc: Nitrite excessive pressure. Excessive pressure situations should Diaphragms: Nitrile, be eliminated to avoid possible damage to the system and fabric reinforced. device. Springs Stainless Steel Prang BACKFLOW PREVENTION CMB Industries, Inc. P.O. Box 8070 Fresno, CA 93747 Fax: (209)453-9030 —t Control F Group SS 825YA 5/97 825YA.PM6 30 �`� �� 1 �„f"R (/ 17 yy �• i;ii t fay y,c¢ '.`� �G�' , e`¢x5 ,' VALVE A PUMP°{ENCLOSURES , THE ATTRACTIVE ENCLOSURE THAT ENHANCES THE APPEARANCE OF YOUR PROPERTY faiifik ,:-5r 1 ra7tw e�k'f i v g j S ��G�pS t , SALVE '& PUINP ENCLOSURES �`��� � ® Y L THE ATTRACTIVE ENCLOSURE THAT ENHANCES THE APPEARANCE OF YOUR PROPERTY MODEL PIPE INSIDE INSIDE INSIDE SHIPPING BASE NUMBER SIZE LENGTH WIDTH HEIGHT WEIGHT DIMENSIONS GHR.75 1/2' 1 15' 6' 19' 18# 30' x 24' GHR1 3/4 1 26' 10' 22' 25# 40' x 30' GHR2 1 1/4 2' 40' 15' 30' 45# 50' x 30' GHR3 2 1/2' 4 67' 21 43' 135# 90' x 40' ASSEw Length and width #'s are 14 above grade `GHR' = with heat 'GLR' = without heat ,1060 'GLRN' = no heat and no insulation Larger sizes available in our 'Classic Rok' line NOTES I PROVIDE APPLICABLE Gil PROTECTED POWER, UL. STND 943-NEM 3R, INSIDE ENCLOSURES REQUIRING HEAT MOUNT AT LEAST 6' ABOVE ANY ROK SUPPORT ROD WATER DISCHARGE POINT ND NEAR THE PIPE RISER ON THE ENCLOSURE (X 3 ONLY) ACCESS SIDE OR PER LOCAL CODE 2. POUR FULL CONCRETE PAD THICK AROUND VALVE, ALLOWING A SUPPORT Rp MINIMUM r RADIAL SPACE BETWEEN VALVE RISERS AND PAD. hit�1-. ANCHORED BY STAPLE (DETAILED BELOW) OR GRADE POUR A ID' WIDE DEEP FOOTER AT EACH END FOR ANCHOR HINGE AND ROD ANCHOR / LOCKING HASP ANCHOR HINGE BACKFLOV VALVE 3. PLACE HOT ROK® OVER VALVE ONTO PAD OR FOOTER (EXCEPT K .75> INSIDE ROCK USE ASONRY BIT TO DRILL THROUGH NCHOR HINGE INSERT CONCRETE SCREWS AND BOLT FIRMLY TO CONCRETE STAPLE / ANCHOR 5 ARK AND MOUNT LOCKING STAPLE HOT RCN INSULATION (T PICAL> EXTERIOR CBOT ENDS ON 6 FOR ROKS USING SELF REGULATING TAPE HEAT SOURCE, SECURE TAPE WALL / • 75) TO VALVE WITH WIRE TIES OR ELECTRIC IA •S TAPE NO COVERING IS ANCHOR HINGE _ I '1 NECCESSARY. THE HOT ROK® PROVIDES THE NECESSARY INSULATION. AD BE LUS TX ���/ 7 PLUG THE HEAT SOURCE INTO THE SPECIFIED CIRCUIT, AFTER TOP Ali WE INCH \_/ WEDLE ANCHOR VERIFYING PROPER VOLTAGE. BELT CT P) B LOWER ROK AND SECURE HASP TO STAPLE VIA PAD LOCK 'C}�0� I Imo' I$4 SLAB Inman I I L.l.-�ID� NOTE ROK IS CONSTRUCTED OF FIBERGLASS REINFORCED RESIN, If 7I�_ INSULATED WITH POLYISOCYANURATE FOAM AND FINISHED 10' WITH EXTERNAL FINISHES OF ISOPHTHALIC GELCOAT N STAPLE A ANCHOR SIDE VIEW OF J ', ROK ANCHOR r J , SLAB OR j FOUNDATION V /-��� Hot ..._// ROK LIP HO l� BOX® TITLE BY/DATE/DVG- 250 LANE AVE. N. GLASS HOT ROK® INSTALLATION GUIDELINES SBT / 2-21-01 JACKSONVILLE, FLORIDA 32254 ROKINST3 (904) 786-0204 (BOO) 736-0238 ENGINEER / CONTRACTOR LOCATION APPROVED/DATE FAX (904) 783-6965 CATALOG DRAWING ht tp•//www.hot-box.COn REV I REV 2 REV 3 SCALE REP / DISTRIBUTOR QUOTE NO N.T.S. 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T • • "± `r • t ti 4. f R r: \ ' i r,--1••• . .., . ■00 • . 0 I:- , • 1111111111a - ,j : 1 1 .S,t•- .9 ICII:: t i • • 1 MOW it - -w P. i i 41111, _ P P , . . .. . . . . .. . ,,,,ii. / / - , _ , . .. , - . . . . _ 23RD PUMP STATION 46 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 notice duly given, DISTRICT awarded the contract for the construction of improvements hereinafter described to CONTRACTOR, which CONTRACTOR said DISTRICT found to be the lowest responsible bidder for construction of said improvements 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 47 This AGREEMENT Notice Inviting Sealed Proposals, the Accepted Bid, the complete plans, profiles, detailed drawings and specifications, (which include the Standard Specifications for Public Works Construction as modified by these Contract Documents) Faithful Performance Bond Labor and Material Bond, Insurance Documents, and all addenda setting forth any modifications or interpretations of said documents The terms of this AGREEMENT shall prevail over all written specifications except as provided for in any "Addendum" attached hereto All of the above named documents are intended to complement one another so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents The documents comprising the complete contract will hereinafter be referred to as the "Contract Documents" 3 Schedule All work shall be performed in accordance with the schedule approved by DISTRICT's Engineer and under his direction 4 Equipment - Performance of Work CONTRACTOR shall furnish all tools equipment, apparatus, facilities, labor and materials necessary to perform and complete in a good and workmanlike manner the work of general construction as called for, and in the manner designated in and in strict conformity with the plans and specifications for said work which said specifications are entitled The equipment, apparatus, facilities, labor and material shall be furnished and said work performed and completed as required in said plans and specifications to the satisfaction of, and subject to the acceptance of, the DISTRICT's Engineer or his designated assistant 5 Contract Price The contract price shall be ($ ) 48 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 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, 49 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 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 50 take over the performance of the AGREEMENT and do not commence performance thereof within five (5) days after notice to the DISTRICT of such election, DISTRICT may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of CONTRACTOR and the sureties shall be liable to DISTRICT for any excess cost or damages occasioned DISTRICT thereby, and in such event, DISTRICT may, without liability for so doing take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor 11 Disputes Pertaining to Payment for Work Should any dispute arise respecting the true value of the work done, of any work omitted, of any extra work which CONTRACTOR may be required to do or respecting the size of any payment to CONTRACTOR during the performance of this Contract, such dispute shall be decided pursuant to Section 20104 through 20104.8, Public Contracts Code as the same is now in force and as the same may be amended from time to time, provided that the dollar amount of the dispute is within the statutory limits set forth therein 12 Permits - Compliance With Law CONTRACTOR shall, at CONTRACTOR's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law 13 Superintendence by CONTRACTOR CONTRACTOR shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the DISTRICT Engineer on the work at all times during progress with authority to act for him 51 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 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 52 CONTRACTOR shall be responsible for the proper care and protection of all materials delivered and the work performed until completion and final observation and acceptance 18 Other Contracts DISTRICT may award other contracts for additional work and CONTRACTOR shall fully cooperate with such other contractors and carefully fit CONTRACTOR's own work to that provided under other contracts as may be directed by DISTRICT Manager/Engineer CONTRACTOR shall not commit or permit any act 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 53 (B) DISTRICT reserves the right to retain five percent (5%) of the contract price for a period of thirty five (35) days after the filing of the notice of completion of the contract CONTRACTOR shall have the following options pursuant to Section 22300, Public Contracts Code (i) To substitute securities for any money retained by DISTRICT (ii) To require DISTRICT to pay into an escrow created at the expense of CONTRACTOR The substitute securities provided for herein may be held pursuant to Section 22300 and any escrow agreement entered into between the parties shall be in the statutory form set forth in Section 22300 (C) The DISTRICT shall observe the provisions of Government Code Section 7107 with respect to final payment and disputes relating thereto 20 Contract Security Concurrently with the execution hereof CONTRACTOR shall furnish (1) A surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the Faithful Performance of this Contract to be held for 1 year after the Notice of Completion is recorded (2) A separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for payment of all persons performing labor and furnishing materials in connection with this Contract 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, 54 expense, attorneys fees, litigation costs, defense costs court costs or any other cost arising out of or in any way related to the performance of this Agreement Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the DISTRICT except for liability attributable to the DISTRICT's active negligence CONTRACTOR acknowledges that DISTRICT would not enter into this Agreement in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth here To the full extent permitted by law and excepting only the active negligence of DISTRICT established by a court of competent jurisdiction or written agreement between the parties CONTRACTOR shall defend, indemnify and hold harmless DISTRICT, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind whether actual, alleged or threatened actual attorney fees incurred by DISTRICT, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of the Agreement All obligations under this provision are to be paid by CONTRACTOR as incurred by the DISTRICT Without affecting the rights of the DISTRICT under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above for liability attributable to the active negligence of DISTRICT provided such active negligence is determined by agreement between the parties or the findings of a court of competent jurisdiction This exception will only apply in instances where the DISTRICT is shown to have been actively negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances where 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 55 competent jurisdiction. 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 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 subtler 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- 56 contributing basis in relation to any other insurance or self-insurance, primary or excess, available to DISTRICT or any employee or agent of DISTRICT Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury at a minimum, and shall include a 'drop down' provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy Coverage shall be following form to any underlying coverage. Coverage shall be provided on a 'pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have concurrent starting and ending dates. Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on 'so Business Auto coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than five (5) million dollars per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General liability policy described above is acceptable. Workers' Compensation/Employers' Liability shall be written on a policy form providing workers' compensation statuary benefits as required by law Employers' liability limits shall be no less than one (1) million dollars per accident or disease. Employers' liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the DISTRICT its employees or agents. CONTRACTOR and DISTRICT further agree as follows: 1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 2. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 57 3 All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the DISTRICT or its operations limits the application of such insurance coverage. 4 Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 5 For purposes of insurance coverage only this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Agreement. 6. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR's employees, or agents, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against DISTRICT 7 Unless otherwise approved by DISTRICT CONTRACTOR's insurance shall be written by insurers authorized to do business in the State of California and with a minimum 'Best's' Insurance Guide rating of A:VII' Self-insurance will not be considered to comply with these insurance specifications. 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 58 CG 20 10 11 85 Certificate(s) are to reflect that the insurer will provide thirty (30) days notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word 'endeavor with regard to any notice provisions. CONTRACTOR agrees to provide complete copies of policies to DISTRICT upon request. 10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverages. 11 Any actual or alleged failure on the part of the DISTRICT or any additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of DISTRICT or any additional insured, in this or any other regard. 12. CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional 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 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. 59 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. 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 60 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 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 writing 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 61 B. If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may upon thirty (30) days written notice to the other terminate this AGREEMENT In such event, CONTRACTOR shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost plus ten percent (10%) basis, whichever is the lesser Materials on the ground, in process of fabrication or en route upon the date of notice of termination specially ordered for the project and which cannot be utilized by CONTRACTOR, shall be compensated for by DISTRICT at a cost, including freight, provided that CONTRACTOR shall take all steps possible to minimize this obligation; or C DISTRICT Board, by resolution, may suspend this AGREEMENT until the cause of inability to perform is removed, but for a period of not to exceed ninety (90) days. If this AGREEMENT is not canceled and the inability of CONTRACTOR to perform continues, without fault on CONTRACTOR's part, beyond the time during which the AGREEMENT may have been suspended, as hereinabove provided, DISTRICT Board may further suspend this AGREEMENT or either party hereto may without incurring any liability elect to declare this AGREEMENT terminated upon the ground of impossibility of performance. In the event DISTRICT declares this AGREEMENT terminated, such declaration shall be authorized by the DISTRICT Board, by resolution, and CONTRACTOR shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, CONTRACTOR shall be entitled to proportionate compensation at the agreement rate for such portion of the AGREEMENT as may have been performed; or D DISTRICT may terminate this AGREEMENT without cause, in which case CONTRACTOR shall be entitled to proportionate compensation at the 62 agreement rate for such portion of the AGREEMENT as may have been performed. Such termination shall be authorized by resolution of the DISTRICT Board. Notice thereof shall be forthwith given in writing to CONTRACTOR and this AGREEMENT shall be terminated upon receipt by CONTRACTOR of such notice. 26. Provisions Cumulative The provisions of this AGREEMENT are cumulative and in addition to, and not in limitation of any other rights or remedies available to DISTRICT 27 Notices It shall be the duty and responsibility of CONTRACTOR to notify subcontractors and materialmen of the following special notice provision; namely all notices of intention to lien or stop notices shall be either personally delivered or transmitted by certified mail, but in either event said notices shall be directed to the DISTRICT All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to DISTRICT shall be addressed as follows; COSTA MESA SANITARY DISTRICT 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: 63 28. Subcontracting CONTRACTOR acknowledges that he is aware of the provision of the 'Subletting and Subcontracting Fair Practices Act' and that he agrees to comply with all applicable provisions thereof If any part of the work to be done under this Contract is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this Contract. Upon 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 64 and persons employed and all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or material, except certain items, if any to be set forth in an affidavit covering disputed claims, or items in connections with Notice to Withhold, which have been filed under the provisions of the statutes of the State of California. 30 CONTRACTOR's Waiver The acceptance of CONTRACTOR of the final payment shall constitute a waiver of all claims against DISTRICT under or arising out of the Contract unless the disputed amounts are specifically set forth in the affidavit and release. 31 Notice to Proceed No work, services, material or equipment shall be performed or furnished under this Contract unless and until a notice to proceed has been given to the CONTRACTOR by DISTRICT's Manager/Engineer and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by DISTRICT 32. Utility Location DISTRICT acknowledges its responsibilities with respect to the location of utility facilities pursuant to California Government Code Section 4215. 33. Discrimination CONTRACTOR represents that it has not, and agrees that it will not, discriminate 65 in its employment practices on the basis of race, creed, religion, national origin, color sex, age, or disability 34 Governing Law This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 35. Integration The parties agree that this document represents their entire agreement and that this AGREEMENT may not be subsequently modified unless said modification is made in writing and is signed by both parties. 36. Changes 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 written change notice signed by the DISTRICT's Manager/Engineer or the President and Secretary of the Board of Directors, as 66 appropriate. CONTRACTOR shall make no additions, changes, alterations or omissions except upon the written change notice 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 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 67 from direct costs shall be mark ups on materials, 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. 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 68 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. 69 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 70 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. 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 71 responsibility to keep the site in a clean, neat and orderly condition. It shall also be CONTRACTOR's duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. 49 Observation Services shall be furnished by the DISTRICT on an eight (8) hour day and forty (40) hour week basis. Any additional observation that is required in excess of the foregoing shall be paid for by the CONTRACTOR at special hourly rates to be determined by DISTRICT 50 Workmanship and Materials Unless otherwise specifically provided for in the specifications, all workmanship equipment, materials and articles incorporated in the work covered by this Contract are to be new and of the most suitable grade of their respective kinds for the purpose intended. Where equipment, materials or articles are referred to in the specification as 'equal to' any particular standard, DISTRICT shall decide the question of equality In the manner and to the extent required by the specifications, CONTRACTOR shall furnish DISTRICT for approval full information concerning the equipment, materials or articles which he contemplates incorporating in the work. Samples of material shall be submitted for approval when required for specification. In addition to furnishing a list of subcontractors, and prior to commencing the work covered by this Contract, 72 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 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 73 work by CONTRACTOR at its sole expense. If CONTRACTOR fails promptly to correct any non-conformity DISTRICT may do so and charge the cost thereof to CONTRACTOR. Work required to be corrected or replaced shall be subject to the provisions of this paragraph in the same manner and to the same extent as when such work was initially presented for final acceptance. DISTRICT's right to require CONTRACTOR to repair or replace any defective or non-conforming work shall be in addition to any other rights DISTRICT may have for breach of warranty and shall not be considered as an exclusive remedy If the DISTRICT prefers to accept defective or non-conforming work, it may do so instead of requiring its removal or correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. Such adjustment shall be effected whether or not final payment had been made. 52. Regional Notification Centers CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216 before commencing any excavation. 53. Trench Protection CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. 74 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 75 CONTRACTOR's cost of or time required for performance of an part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 55. Assignment of Clayton Act and Cartwright Act Claims In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor of subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties. 76 Dated this day of 2002 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) 77