Project 160 - Specification - 2000-12-31 m e. 99 ..00
COSTA MESA SANITARY DISTRICT
ORANGE COUNTY, CALIFORNIA
FAIRVIEW PARK SEWER
PROJECT NO 1112100-160
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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
FAIRVIEW PARK SEWER, PROJECT NO 1112100-160
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 10.00a.m. , March 1, 1999 , 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 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
c 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
Pursuant to California Contract Code Section 22300 CONTRACTOR will be
entitled to post approved securities with the District or an approved •
financial institution in order to have the District release funds
retained by the District to insure performance of the contract
Liquidated damages in the sum of $250 per day shall be imposed for each
unexcused day beyond the contract completion date
Dated February 8, 1999 BY ORDER OF THE BOARD OF DIRECTORS
OF THE COSTA. MESA SANITARY DISTRICT
TABLE OF CONTENTS
•• Page
Proposal 1
Standard Specifications. 1
Part 1 General Provisions 1
12 Definitions. 1
13 Abbreviations .2
2 1 Award and Execution of Contract .2
Procedure for Proposal Submittal .2
Request for Interpretation .3
Return of Bid Security .3
Execution of Contract 4
2 3 1 Subcontracts: General 4
2-4 Contract Bonds 4
2 5 Plans and Specifications 4
2 7 Subsurface Data .5
2-9 1 Permanent Survey Markers. .5
2 11 Inspection 6
3-1 1 Changes Requested by the Contractor General 7
3-3 1 Extra Work: General 7
6-1 Construction Schedule and Commencement of Work 7
6-6.2 Extensions of Time. 7
7 2 Labor 8
Apprentices 8
7 3 Liability Insurance 8
7 5 Permits. .9
7-6 The Contractor's Representative 10
7-8 1 Cleanup and Dust Control 10
7-8.5 Temporary Light, Power and Water 10
7 10 Public Convenience and Safety 11
7 13 Laws to be Observed. 11
9-3 1 Payment: General 11
9-3.2 Partial and Final Payment 12
9-3.3 Delivered Materials 12
Special Provisions
Part 2 Construction Materials 13
Part 3 Construction Methods 13
Temporary Resurfacing. 14
Connections to Existing Facilities. 14
Guarantees and Tests 14
Safety Requirements and Permits 14
Traffic 15
Sheeting, Shoring and Bracing 15
PVC Gravity Sewer Pipe Specifications and Requirements. 16
CMSD Standard S-100 26
CMSD Standard S-103 27
CMSD Standard S-104-A. 28
CMSD Standard S-105 29
CMSD Standard S-107 30
CMSD Standard S-112 31
City of Costa Mesa Standard No. 813 33
Soils Investigation 39
Sample Agreement CMSD and Contractor 65
P R O P O S A L
PROJECT NO 1112100-160
S. FAIRVIEW PARK SEWER
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 FAIRVIEW PARK SEWER
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 35 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
Bid Items
1 Construct 8 inch PVC sewer in Canyon Drive and Placentia Avenue
including, but not limited to, traffic control, pavement removal,
protection or reconstruction of existing utilities, excavation,
trenching sheeting, shoring, bracing, bedding pipeline
installation, backfill, compaction, air pressure and mandrel
testing, compaction testing, pavement replacement, replacement of
surface features, including all labor and materials, complete in
place for the unit price of / 1.j() 00 per linear foot
Approximate Quantity 575 Unit Price / 711)(2 cC Total 7'1, 750 -92
P-1 Bidder's Initials inc
2 Construct 8 inch PVC sewer in Fairview Park including, but not
limited to traffic control, removal of surface improvements
protection or reconstruction of existing utilities including .
irrigation system, excavation trenching, sheeting, shoring,
bracing, bedding, pipe line installation, backfill, compaction
air pressure and mandrel testing, compaction testing two
incidences of stopping work as described under Burial Ground Note
on sheet 3 of the plans, surface replacement including asphalt
paving, bicycle trail or sod as is appropriate replacement of
other surface features as necessary, including all labor and
materials, complete in place for the unit price of bO.cC per
linear foot
Approximate Quantity 2 , 643 Unit Price -0 t)C) Total rlg 5*ii.
3 Construct 6 inch PVC sewer in Fairview Park including, but not
limited to traffic control, removal of surface improvements
protection or reconstruction of existing utilities including
irrigation system, excavation trenching, sheeting, shoring
bracing, bedding, pipe line installation, backfill, compaction,
air pressure and mandrel testing, compaction testing,
surface replacement including asphalt paving, bicycle trail, or
sod as is appropriate, replacement of other surface features as
necessary, including all labor and materials, complete in place
for the unit price of "7J coper linear foot
Approximate Quantity 32 Unit Price 2jy on Total 0.52- ea
4 Construct 48 inch inside diameter manhole per CMSD Std S-100
including traffic control removal of surface improvements,
protection or reconstruction of existing utilities, excavation,
sheeting, shoring, bracing, bedding, installation of concrete
base, precast concrete units, frame and cover, backfill, pavement
or surface feature replacement, all labor, materials complete in
place for the unit price of 642000o per EACH
Approximate Quantity 10 Unit Price /Aicoco Total jf,C6C-co
Total or gross sum written in words Total or gross sum in figures
IWo c) �red flby fu/o 46 aY $ ZSZ( C/f to
Fa)r red enght-y Apo (c'o'lacs
Bidder' s Initials 1-('6-
In case of a discrepancy between the words and figures, the words
shall prevail
P-2 Bidder's Initials nAlS.
Alternate Bid Items - Sewer Line 'C'
Al Construct 8 inch PVC Sewer in Fairview Park including but not
limited to traffic control removal of surface improvements
protection or reconstruction of existing utilities including
irrigation system, excavation trenching, sheeting, shoring,
bracing, bedding, pipe line installation, backfill, compaction,
air pressure and mandrel testing, compaction testing, surface
replacement including asphalt paving, bicycle trail, or sod, as is
appropriate, replacement of other surface features as necessary,
including all labor and materials, complete in place for the unit
price of 66200 per linear foot
Approximate Quantity 1 103 Unit Price 60 co Total 66, Mt ®p
A2 Construct clean out complete in place per CMSD Std S-107 for the
unit price of 5W 00 per EACH
Approximate Quantity 10 Unit Price SC:bon Total 5,000 op
A3 Construct 48 inch inside diameter manhole complete in place per
CMSD Std S-100 for the unit price of bsoaccper EACH
Approximate Quantity 1 Unit Price /LSOOO Total 65 CC
Contractor Acknowledgement of Burial Grounds & Vernal Pools
Contractor acknowledges reading, understanding, and accepting the
provisions of the Burial Ground Note and Vernal Pool Note shown on
sheet 3 of the Plans Contractor understands the sensitive nature of
these concerns and will use his best efforts to be cooperative and
accommodating
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Bidder's Ini ils
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P-3 Bidder' s Initials 477,6'
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 151ddfr' vj arid
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 satisfactory to the District within 10 Days
after the bidder has received written notice of the award of the
contract; otherwise, said security shall be returned to the
undersigned
P-4 Bidder's Initials ytc
Respectfully submitted,
VY1 b±in rtmcic, et-n-)± en MIxten Sri vx Cori+ curry-
Contractor's Business Name Contrac r Title
P.o f x$ ►olc 02161 Rory Business Address Street BY rnladen &voc Title
ArcocirA ('.a C►1 4, ► - o) -w-2cco
City State Zip Contractor' s License, Expiration
/ 'n ' -� Date & Classification
Business Phone P�ho�ne N.u�mbber
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Name Title
127n Prilennt PA
Residence Street
Arootclici, Cot o tc ip -
City State Zip
(0 ),W9- 17199
Resid nce 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 Ayr 6 01 , this I day of March 19tH
gow
(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
YV�Icv�n yar - jnCWi1cr 1
P-5 Bidder' s Initials //Lc-
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
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Bidder shall signify receipt of all Addenda here, if any
Addendum No Date Received Bidder's Signature
P-6 Bidder's Initials p40
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair
Practices Act" being Sections 4100-4113 of the Public Contract 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
&recn -t &m3 L1n-e) 3 -0471
P-7 Bidder' s Initials ,,fl
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 Me-a Sanitary District, a
special district, organized under the laws of the State of
California and situated in Orange founty in the sum of
($ ) 0 be paid to t e District its successors
and assigns for which pa -nt well any- truly to be made, we bind
ourselves our heirs, execut.rs, and .dministrators successors or
assigns, joint and severally f mly by these presents
THE CONDITION OF THIS OBLIGATION • .UCH,
That if the certain proposal •' the above bounden,
, is accepted by the Costa
Mesa Sanitary District, and if the above bounden,
his heirs exe utor administrators, successors
and assigns, shall duly enter i to and execute a contract for such
construction, and shall execute and delver the LABOR AND MATERIAL
and the FAITHFUL PERFORMANCE :ONDS described within 10 days (not
including Sunday) from the da e of the mtiling of a notice of the
above bounden, , by an. from District, that said
contract is ready for executi.n, then thi. obligation shall become
null and void; otherwise it -hall be and -main in full force and
virtue
IN WITNESS WHEREOF
We hereunto set our rands and seals thi . day of
, 199
P-8 Bidder's Initials M--5
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 direc ly or indirectly, entered into any
arrangement or agreement with a ,y other bidder or bidder which tends
to or does lessen or destroy f ee competition in the letting of the
contract sought for on the at ached 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 con- idering any/bid from any Subcon-
tractor or supplier which is of proce sed through said bid
depository, or which prevent an Subcont actor or supplier from
bidding to any Contractor who do-s not se the facilities of or
accept bids from or through such b ,d de• •sitory; that no inducement
of any form or character other than ha which appears upon the face
of the bid will be suggested, off' ..-d, paid or delivered to any
person of the contract nor has • is bidder any agreement or
understanding of any kind whatsoeve , with any person whomsoever to
pay, deliver to, or share with any •th:r person in any way or manner,
any of the proceeds of the contra s s• ght by this bid
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Subscribed and sworn o before me by
This day • 199
My Commission e pires
Notary Public
P-9 Bidder's Initials li
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
CSD County Sanitation Districts of Orange County
OCEMA Orange County Environmental Management Agency
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 accor-
dance with the Notice Inviting Bids In addition to the required signa-
tures 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 inter-
ested as a principal all such bids shall be rejected
Proposals with interlineations, alterations, or erasures, shall be
initialed by the bidder ' s authorized agent Alternative proposals,
special conditions, or other 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
- 2 -
address Each bid shall have thereon the affidavit of the bidder that
such bid is genuine and not sham or collusive or made in the interest or
behalf of any other person not therein named and that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a
sham bid or any person firm or corporation to refrain from bidding and
that the bidder has not in any manner sought by collusion to secure
himself an advantage over any other bidder
REQUEST FOR INTERPRETATION
If any person contemplating submitting a bid is in doubt as to the
true meaning of any part of the plans, specifications, or other proposed
contract documents or finds discrepancies in, or omissions from the
drawings or specifications, he may request the Engineer, in writing for
an interpretation or correction thereof The person submitting such a
request shall be responsible for its prompt delivery All such interpre-
tations of the contract documents will be made only by Addenda duly
issued and a copy of each such Addendum will be mailed or delivered to
each person receiving a set of contract documents at his last address of
record The District will not be responsible for any other explanations
or interpretations of the contract documents
RETURN OF BID SECURITY
Any bidder may withdraw his bid, either personally, or by
telegraphic or written request, at any time prior to the scheduled
closing time for the receipt of bids It is the sole responsibility of
the bidder to see that any such telegraphic or written request is
delivered to the District Clerk prior to said closing time Bid security
of such bidders will be returned promptly to the bidder
The bid security of the three lowest bidders will be retained until
the contract is awarded, entered into and executed with the bidder of
accepted bid, after which those will be returned to the respective
bidders with whose proposal they accompanied The bid security of all
other bidders will be returned after the canvass of bids
The bid security of the bidder of accepted bid will be held by the
District until the contract has been entered into, and the bonds
accompanying the same are approved and filed, whereupon the said bid
security will be returned to the bidder
If the bidder fails or refuses to enter into contract to do the
work the bid security shall be forfeited to the District and shall be
collected and paid to the General Fund of the District
- 3 -
LICENSE REQUIRED
Contractor shall have a Class A or C42 license to perform this work
"OR EQUAL" PROVISION
When otherwise specified, any product called for on these
Specifications may be substituted using the process described in Public
Contract Code Section 3400
EXECUTION OF CONTRACT
The contract shall be signed by the successful bidder and returned
to the District together with the contract bonds as specified in Section
2-4 of the Standard Specifications and as amended below and any changes
or additions made thereto in these specifications within 10 days after
receipt of written notice of award of contract The form of contract
agreement to be executed by the Contractor will be supplied by the
Attorney for the District No proposal shall be considered binding upon
the District until the execution of the contract by the District
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
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
- 4 -
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
2-7 SUBSURFACE DATA
All soil and test hole data, water table elevations and soil
analyses shown on the drawings or in the soils report apply only at the
location of the test holes and to the depths indicated Bidders shall
perform additional subsurface explorations at bidder's expense as are
necessary to insure the submitted bid includes all provisions necessary
for properly performing the work in the soil encountered at the job
site A difference in elevation between groundwater shown in soil
boring logs and groundwater actually encountered during construction,
or a difference in soil type shown in the soil boring logs and soil
type actually encountered during construction, will not be considered
as a basis for extra work
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
- 5 -
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 and final
acceptance of work shall be corrected immediately without extra charge
even though it may have been overlooked in previous inspections and
estimates or may have been caused due to failure to inspect the work
All authorized alterations affecting the requirements and
information given on the approved plans shall be in writing No changes
shall be made on any plan or drawing after the same has been approved by
the Engineer except by direction of the Engineer in writing Deviations
from the approved plans , as may be required by the exigencies of
constructions will be determined in all cases by the Engineer and
authorized in writing
All instructions, rulings and decisions of the Engineer shall be in
writing and shall be final and binding on all parties unless formal
protest is made in writing, as provided in the following paragraph, and
as provided in Section 1670 of the Civil Code
If the Contractor considers any work demanded of him to be outside
the requirements of the contract or if he considers any instruction
ruling or decision of the Inspector or Engineer to be unfair he shall
within 10 days after any such demand is made or instruction, ruling or
decision is given, file a written protest with the Engineer stating
clearly and in detail his objections and reasons therefore Except for
such protests and objections as are made of record in the manner and
within the time above stated, the Contractor shall be deemed to have
waived and does hereby waive all claims for extra work, damages and
extensions of time on account of demands, instructions, rulings and
decisions of the Engineer
- 6 -
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 con-
sider and render a final decision on any such protest within 30 days of
receipt of same
3-1 1 CHANGES REQUESTED BY THE CONTRACTOR GENERAL
Engineer shall be the duly authorized officer who may grant the
changes prescribed in this section
3-3 1 EXTRA WORK GENERAL
The extra work as defined in this section of Standard Specifications
and any work done beyond the lines and grades shown on the plans shall
only be performed when ordered in writing by the Engineer In absence of
such written order any such work shall be considered unauthorized and
will not be paid for Work so done may be ordered removed at the
Contractor' s expense
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT 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
- 7 -
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
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
- 8 -
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
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
- 9 -
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 tele-
phone numbers where he or his designated representative may be reached
during hours when the work is not in progress
Instructions and information given by the Engineer to the
Contractor' s authorized representative or at the address or telephone
numbers filed in accordance with this section shall be considered as
having been given to the Contractor
7-8 1 CLEANUP AND DUST CONTROL
All surplus materials shall be removed from the site of the work
daily after completion of the work causing the surplus materials
Unless the construction dictates otherwise and unless otherwise
approved by the Engineer, Contractor shall furnish and operate a self-
loading motor sweeper with spray nozzles at least once each working day
to keep paved areas acceptably clean whenever construction, including
restoration, is incomplete
Failure of the Contractor to comply with the Engineer's dust control
orders may result in an order to suspend work until the condition is
corrected; and after filing notice to the Contractor the Engineer may
order this accomplished by others All costs thus incurred shall be
deducted from the amount to be paid to the Contractor No additional
compensation will be allowed as a result of such suspension
No separate payment will be made for any work performed, of material
used, to control dust resulting from the Contractor's performance on the
work or by public traffic, either inside or outside the right of way
Full compensations for such dust control will be considered as included
in the prices paid for the various items or work involved
- 10 -
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
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 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
- 11 -
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
PART 3 - CONSTRUCTION METHODS
-13-
TEMPORARY RESURFACING
Payment for temporary resurfacing shall be included in the
contract price for the related construction item No separate payment
will be allowed
CONNECTIONS TO EXISTING FACILITIES
Work on, and connection to, existing facilities shall be
accomplished while maintaining existing sewer service Such work on
existing facilities shall be accomplished at a time and in a manner
approved by the Engineer
The Contractor shall be particularly aware that such connections
and work on existing facilities will be performed during periods of low
sewage flow, possibly during the night time or early morning hours
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
SAFETY REQUIREMENTS AND PERMITS
The Contractor shall obtain a permit, in the District ' s name, from
the City of Costa Mesa The Contractor will be required to comply with
all requirements of Sections 6500, 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,
provisions for the control of groundwater will be included in these
plans
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
-14-
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
District Engineer
SHEETING, SHORING AND BRACING
The Contractor will be required to furnish all labor materials,
tools , equipment, and performing all work involved in providing
adequate sheeting, shoring and bracing or equivalent methods for the
protection of life or limb which shall conform to applicable safety
orders
The Contractor will be required to submit to the Engineer a
detailed plan showing a structurally approved design of shoring or
equivalent methods to provide protection for workers
-15-
,PVC GRAVITY SEWER PIPE
Submittals
1 Shop drawings shall be submitted
2 Provide materials list showing material of pipe and
fittings with ASTM references and grade
3 Provide certificates of compliance with all standards
referenced in this section
Pipe and Fittings
1 ASTM Requirements Pipe fittings couplings and
joints shall be in conformance with the size material
and performance requirements of ASTM D 3034 SDR 35
and shall have gasketed joints Pipe shall be made of
PVC plastic having a cell classification of 12454-B
12454-C or 13364-B as defined in ASTM D 1784
Fittings shall be made of PVC plastic having a cell
classification of 12454-B 12454-C or 13343-C All
pipe shall be of solid wall construction with smooth
interior and exterior surfaces
2 Manufacturer s Testing Certification During
production of the pipe the manufacturer shall perform
the specified tests for each pipe marking A
certification by the manufacturer indicating compliance
with specification requirements shall be delivered with
the pipe The certification shall include the test
result data
3 Pipe Marking All pipe fittings and couplings shall
be clearly marked at an interval not to exceed 5-feet
as follows
a Nominal pipe diameter
b PVC cell classification
c Company plant shift ASTM SDR and date
designation
d Service designation or legend
For fittings and couplings the SDR designation is not
required All pipe shall have a home mark on the
spigot end to indicate proper penetration when the
joint is made
16
4 4.9i i•n.l • ' .- T- F•_ •win• D-liv-r When pipe is
delivered to the jobsite the District Representative
may require additional testing to determine conformance
with the requirements of pipe flattening impact
resistance pipe stiffness and extrusion quality
When testing is required one test pipe shall be
selected at random by the District Engineer from each
1 200 feet or fraction thereof of each size of pipe
delivered to the jobsite but not less than one test
pipe per lot A lot shall be defined as pipe having
the same identification marking The length of
specimen for each selected pipe shall be a minimum of
8-feet
5 Pipe Retest Pipe which is not installed within 120
days of the latest test shall not be used without prior
approval of the District Representative
6 Fitting and CouplingEnd Configurations The socket
and spigot configurations for fittings and couplings
shall be compatible with those used for the pipe
7 Manufacturers Pipe shall be as manufactured by J-M
Manufacturing Ring-Tite Vinyltech Pacific Western
Diamond Plastics Carlon or arrroyed equol
Gaskets for PVC Pipe II
1 Genera Unless otherwise specified gaskets shall be
manufactured from a synthetic elastomer and shall be
extruded or molded and cured in such a manner as to be
dense homogeneous and of smooth surface free of
pitting blisters porosity and other imperfections
The compound shall contain not less than 50 percent by
volume of first-grade synthetic rubber The remainder
of the compound shall consist of pulverized fillers
free of rubber substitutes reclaimed rubber and
deleterious substances The tolerance for any diameter
measured at any cross section shall be ±1/32-inch
( 8mm)
2 Gasket Ma r' al R quir m n When required by the
District Representative the Contractor shall furnish
test samples of gaskets from each batch used in the
work Gasket material shall meet the following
requirements
17
ASTM Test
Property Valle Method
Tensile strength (min psi) 2 000 D 412
Elongation at break (% min ) 350 D 412
Shore durometer Type A 40 to 65* D 2240
(Pipe manufacturer shall
select value suitable for
type of joint)
Compression set (constant 16 D 395
deflection) max % of Method B
original deflection
Tensile strength after oven 80 D 573
aging (96 hours 158°F [70°C) )
% of tensile strength before
aging
Increase in Shore durometer 10 D 2240
hardness after oven aging
Maximum increase over
original Shore durometer
Physical requirements after No Cracks D 1149
exposure to ozone
concentration (150 pphm
70 hours 140°F
[40°C) 20% strain)
*This applies only to the sealing component of the gasket
3 Splice. No more than one splice will be permitted in
a gasket A splice shall be made by applying a
suitable cement to the ends and vulcanizing the splice
in a full mold The splice shall show no separation
when subjected to the following tests
Elongation Te. t The part of the gasket which includes
the splice shall withstand 100% elongation with no
visible separation of the splice While in the
stretched position the gasket shall be rotated in the
spliced area minimum of 180 degrees in each direction
in order to inspect for separation
Bend Te. t The portion of the unstretched gasket
containing the splice shall be wrapped a minimum of 180
degrees and a maximum of 270 degrees around a rod of a
diameter equal to the cross section diameter of the
gasket
18
Epoxy Resin
All approved saddle connections or repair work to District
sewer mains shall be accomplished with an approved epoxy
resin Epoxy resins shall be EPIBOND 157 as manufactured by
Furane Plastics Incorporated WR633 A & B as manufactured by
Wyndham Chemicals Incorporated EPON 828 as manufactured by
the Shell Chemical Corporation or approved equal The epoxy
resin shall be used in strict accordance with the manufacturer s
specifications
Delivery and Temporary Storage of Pipe at Site
1 Onsite Storage Limitation Onsite pipe storage shall
be limited to a maximum of one week unless exception
is approved by District
2 Care of Pipe At times when the pipe laying is not in
progress the open end of the pipe shall be closed with
a tight-fitting cap or plug to prevent the entrance of
foreign matter into the pipe These provisions shall
apply during the noon hours as well as overnight In
no event shall the sewers be used as drains for
removing water which has infiltrated into the
construction trenches
19
Handling of Pipe
1 Moving Pipe Pipes shall be lifted with handling beams
or wide belt slings as recommended by the pipe
manufacturer Cable slings shall not be used Pipe
shall be handled in a manner to avoid damage to the
pipe Pipe shall not be dropped or dumped from trucks
or into trenches under any circumstances
2 Inspection Pipe The pipe and accessories shall be
inspected for defects prior to lowering into the
trench Any defective damaged or unsound pipe shall
be repaired or replaced All foreign matter or dirt
shall be removed from the interior of the pipe before
lowering into position in the trench
Placement of Pipe in Trench
1 General All pipe shall be laid without a break
upgrade from structure to structure with the bell ends
of the pipe upgrade Pipe shall be laid to the line
and grade given so as to form a close concentric joint
with the adjoining pipe and prevent sudden offsets of
the flow line
2 Trench Excavation Dewatering excavation shoring
sheeting bracing backfill material placement
material compaction compaction testing and pipe
laying requirements and limitations shall be in
accordance with these ci ctioi15
3 Pipe BM'ai19, _Unless shown otherwise on the
drawings pipe heclding material shall be 3/4-inch crushed
rock.
4 Subgrade at Joints At each joint in the pipe the
pipe subgrade shall be recessed in firm bedding
material so as to relieve the bell of the pipe of all
load and to ensure continuous bearing along the pipe
barrel
5 Cleaning The interior of the sewer pipe shall be
cleaned of all dirt and superfluous materials as the
work progresses
6 Joints The mating surfaces of the pipe to be joined
shall be wiped clean of all dirt and foreign matter and
a lubricant applied that is approved by the pipe
manufacturer Then with the surfaces properly
lubricated the spigot end of the pipe shall be
positioned inside the bell and the joint shoved home
7 PiPE=Itd-i4ummlat Unless specified otherwise pipeline
line and grade shall be as shown on the plans Grade
shall be measured along the pipe invert
20
Cleaning
Before testing each pipe shall be thoroughly cleaned from
manhole to manhole with a sewer scrubbing ball and all
debris and trash shall be removed from each manhole
Mandrel Test for PVC Gravity Sewers
Following placement and compaction of backfill for all
utilities and prior to the placement of permanent pavement
all sewer mains shall be cleaned and mandrelled to verify
that the pipeline is free from obstructions (deflections
joint offsets lateral pipe intrusions etc ) A rigid
mandrel with a circular cross section having a diameter of
at least 95 percent of the specified inside pipe diameter
shall be pulled through the pipe by hand The minimum
length of the circular portion of the mandrel shall be equal
to the nominal diameter of the pipe Obstructions
encountered by the mandrel shall be repaired and the
pipeline section retested
21
protection of Existing Utilities and Facilities
1 General The Contractor shall be responsible for the
care and protection of all existing sewer pipelines
water pipelines gas mains storm drains culverts or
other facilities and structures that may be encountered
in or near the area of work
1 2 Notification It shall be the duty of the Contractor
to notify each agency of jurisdiction and make
arrangements for locating each agency s facilities
prior to beginning construction
3 Damage In the event of damage to any existing
facilities during the progress of the work due to the
failure of the Contractor to exercise the proper
precautions the Contractor shall be responsible for
the cost of all repairs and protection to said
facilities The Contractor ' s work may be stopped until
repair operations are complete
Protection of Landscaping
1 General The Contractor shall be responsible for the
protection of all the trees shrubs fences and other
landscape items adjacent to or within the work area
unless directed otherwise on the plans In the event
of damage to landscape items the Contractor shall
replace the damaged items in a manner satisfactory to
the District Representative
! 2 Restoration After the completion of work in planted
or improved areas within public or private easements
the Contractor shall restore such areas to original
condition Restoration shall include regrading
placement of 5-inches of topsoil reseeding and
replacement of landscaping
22
Testing for Compaction
1 Methods The density of soil shall be determined in place
by the sand cone method ASTM D 1556 or by the nuclear
method ASTM D 2922 or D 3017
2 Soil Moisture-Density Relationship The laboratory
moisture-density relations of soils shall be determined
per ASTM D 1557
3 Cohesionles. Materia s The relative density of
cohesionless materials shall be determined by ASTM D 4253
and D 4254
4 Sampling Backfill materials shall be sampled per
ASTM D 75
5 Relative Compaction Relative compaction shall be
expressed as the ratio expressed as a percentage of the
in place dry density to the laboratory maximum dry
density
6 m
Copa ion ompliance Compaction shall be deemed to
comply with the specifications when none of the tests
falls below the specified relative compaction
7 Testing Interval. Unless noted otherwise compaction
tests shall be performed at random depths and at 200-foot
intervals and as directed by the District s
Representative
Material Replacement
Trenching and backfilling material which does not meet the
specifications shall be removed and replaced at no additional
expense to the District
Sheeting, Shoring, and Bracing of Trenches
Trenches shall have sheeting shoring and bracing conforming
to CAL/OSHA requirements Lateral pressures for design of
trench sheeting shoring and bracing snail be based on type
of soil exposed in the trench groundwater conditions
surcharge loads adjacent to the trench and type of shoring
that will be used in the trench
23
Grade
Trenches shall be excavated to the lines and grades shown on
the drawings with allowance for pipe thickness and for pipe
base If the trench is excavated below the required grade
the portion of the trench excavated below the grade shall be
refilled with refill material at no additional cost to the
District The refill material shall be placed over the full
width of trench in compacted layers not exceeding 6-inches
deep to the required grade with allowance for the pipe base
Hard spots that would prevent a uniform thickness of pipe
base shall be removed Before laying pipe sections the
grade shall be checked with a straightedge and any
irregularities corrected The trench bottom shall form a
continuous and uniform bearing and support for the pipe at
every point
Dewaterinq
1 Means and Device. Suitable means and devices shall be
provided and maintained to continuously remove and dispose
of all water entering the trench excavation during the
time the trench is being prepared for the pipe laying
during the laying of the pipe and until the backfill at
the pipe zone has been completed These provisions shall
apply during the noon hour as well as overnight Water
shall be disposed of in a manner to prevent damage to
adjacent property Trench water shall not be drained
through the pipeline under construction Groundwater
shall not be allowed to rise around the pipe until
jointing compound has firmly set
2 Notification The District shall be notified 48 hours
prior to commencement of dewatering
24
Air Test for PVC Gravity Sewers
1 Test Section Each section of sewer between two succes-
sive manholes shall be tested by plugging all pipe outlets
with suitable test plugs
2 Addition of Air Air shall be slowly added until the
internal pressure is raised to 4 0 pounds per square inch
gage (psig) The compressor used to add air to the pipe
shall have a blowoff valve set at 5 psig to ensure that at
no time the internal pressure in the pipe exceeds 5 psig
3 Internal Pressure The internal pressure of 4 psig shall
be maintained for at least two minutes to allow the air
temperature to stabilize after which the air supply shall
{ be disconnected and the pressure allowed to decrease to
3 5 psig
4 Minimum Duration for Allowable Pressure Drop The time in
minutes that is required for the internal air pressure to
drop from 3 5 psig to 3 0 psig shall be measured The
results shall not be less than the minimum permissible
duration for air test pressure drop shown in Table I
TABLE I
MINIMUM DURATION FOR AIR
TEST PRESSURE DROP
Pipe Size Time
(Inches) (Minutes)
4 2M
6 4
8 5
10 6M
12 7M
15 9M
5 Retest If the pressure drop from 3 5 psig to 3 0 psig
occurs in less time than the above-tabulated or calculated
values the pipe shall be overhauled and if necessary
replaced and relaid until the joints and pipe shall hold
satisfactorily under this test
25
Alhambra Fdry A-1270
frame and cover per Std. 24� J
Dwg. N° S-105 P -�
-
co g ma
E Grade rings =�
111 rill l
n
Eccentric cone
f 48 i 6 III 6'
C _r C
IEI "
ns % a
.r
E
1
4. .chI
SECTION A-A SECTION B-B
INLETS MUD DUTLEf5�FUR i B NOTES
V.C.P. CONK —ma,
I Manholes shall be precast concrete as manufactured
by Associated Concrete Products, Inc. or approved
dal equal
A I A 2. Concrete base and stub walls shall be poured in one
1 III \ 1�� i operation to an elevation 2' above top of pipe.
Slope slope 3. Concrete shall be Class 5L9-1.-7250
4. Depth of the channel shall equal pipe diameter for
all sizes of pipe.
ill
I5. The floor of manholes shall be steel troweled.
� 6 Steps shall be polypropylene w/a 1/2 diameter steel core
B meeting ASTM A 82, ASTM C-478, ASTM type II grade
43758, 16 0.0
SECTION C-C 7 Manhole bases must be poured against undisturbed
soil
8. Steps for manhole shall be placed upstream.
9. Mortar for joints shall be per Costa Mesa Sanitary
District Std Dng. No. 5-103. 12 ruler p I/21/0,D
COSTA MESA SANITARY DISTRICT Approved
jj g 1pD°t^j G is a2 ite
Standard 48" I. D. Manholr District Engineer-R.C.E. 31120
26 -Drawing N° S - 100
11
- field mortar, 1:3 mix
(plastic cement)
or sealant
It
TYPICAL - JOINT DETAIL
^11
311
�. —IU5lDE MAUHDLE�� '
a
4'
field mortar, I.3 mix
(plastic cement) \fr. ° . .....:......:..:. e
manhole base
MORTAR SEAL AT MANHOLE BASE
REVIry 10-Z3 85 Date GIB 82
COSTA MESA SANITARY DISTRICT Approved fi ved I/p� k
Joint Detail District Engineer-R-C.E. 31720
27 Drawing N2 S - 103
STREET SURFACE /— rTF
c
6" pvc. sewer laterol
`n E
min. slope I/4"to I'-0"
sSS
rn
Std 45° bend a
40
Variable size Sewer main
ELEVATION
E
•
N
40
u.-
N
a
a.
90* unless noted otherwise on plans
Alternate 'Tee' branch 6" I'Vo. sewer
401— Sta.
Sta.
Std. 45° bend
Const. of Std. 'Wye' branch
wye only PLAN
NOTES
lip 1 TEE BRANCH USED ONLY WITH PRIOR APPROVAL FROM
DISTRICT ENGINEER
!R VI , 1/21/gg
COSTA MESA SANITARY DISTRICT JAPProved Beat 18-82
it
I • -trict Engineer -R.C.E. 31720
Lateral Connection Type A 28 ving N2 S - 104 -A
Concrete collar CLASS 5G0-L 3250 COWCRETE
a
A C paving
Typ.
///f////////////////4
oon•0 \ \ �44D °0000
1 000 • •�_ •\■pp, o 0
0 . . d _ ,pP • o0
00 N � d.' o 0
NOTES
I Sewer manhole frame and cover shall be Alhambra Foundry A-1270, or approved equal
2. COVER TO BE STAMPED ' SEWER
3 See Std. Dwg. 5-103 for grade ring joint detail
4. See Std. Dwg. 5-100 for manhole construction detail
COSTA MESA SANITARY DISTRICT Approved c.
COSTA 19 az
District Engineer-R.C.E. 31720
Manhole Cover Detail 29 Drawing Ne S — 105 .
Finished surface Alhambra A frame
and cover A-- 1 1 240
ar r 1417 14
a
10" 10"
e •
Ili 6"R C. sewer
=
E.—E-111 D III n
l&
•
O a a
E
m
3 Std. 45° bend ilz w
°o LLA55 5GI C 3250 CONCRETE
`I-
0 r IL __
o Std 'Wye' branch u
• II
in
sewer main plug
co a .. A
51_ I 12"
min.
20" s•uare
_fir_round line
CLA55 5GO L 3250 LOUL. "I E
� r.
.
r
I
Ian
I co
DETAIL -UNPAVED AREA
It g V IcP 1/21/°S
COSTA MESA SANITARY DISTRICT JAPProved !Date. G-113
Bz
Clean Out District Engineer-R.C.E. 31710
30 Drawing N° S -107
TRENCH WIDTH
/ c
A
Backfiil Material And Recaviric
BA:KEEL
Requirements Fo Work In Canyon
x a D. % 1 x Drive And Placen is Avenue
Shall Conform To City Of Testa
G a zy Mesa Public Ser vice Dena -rnent
° ° Std No 813
� '
i G
Et Backfill Mater al And S rface
BEDDING B -- °d %' \ ° Replacement In Fa rview Park
a Shall Conform To City Of Costa
\ Mesa Requirements
' ° ` arks Dept Requirem. t„
SEWER LINE N
° ` N.
\ o TRENCH SHEETING OR -,HOR NG
o=CLING A — / _ PER TITLE B CALIFORNIA
xi a a _ °
ADMINISTRATIVE CODE
BARREL OF PIPE /—' - BELL OF PIPE
NOTES.
1 Bedaing A and B ;hall be composed of 3/4 crushed rock per Section 200-1.2 of the
Stam_.rd Specifications
2 f3dck I s 411 be as required by the City Of Costa Mesa.
3. X shall be cetween 6 and 10 inches and shall include the thickness of any shoring
4 Ail trenching and bedding operations shah be Done in conformance with the latest edition of the
,ardard Specir,cationr for Public Works Construction _
5 5 ructcral section of pavement shah be eplaced as required by the City of Costa Mesa
5 No additional compens Lon wih be made for trench widths other than as shown above
COSTA MESA SANITARY DISTRICT DATE. -21 �9 _____
APPROVED
TRENCHING AND BEDDING DISTRICT EN :fps ER R_C.E.E. 31720 NO:DRAWG
31
BACKFILL REQUIREMENTS
1. Backfill material in Canyon Drive and Placentia Avenue shall be slurry C.M.B. or C.A.B. as
specified in note 2 of City Std. Dwg. 813
2. Backfill material in Fairview Park shall be native trench material, mechanically compacted, as
required by the CMSD Inspector except for the following two locations:
A. Sta 22+63 to Sta 22+94, where sewer line crosses a.c. chive, backfill shall be
slurry CMB, or CAB
B. Sta 25+90 to Sta 29+01, (easterly of Placentia Ave. to project end) backfill shall be
slurry CMB, or CAB.
32
WHEELCUT OR SAWCUT -------„Th
i --
i --- r _T
0.2'
EXISTING
REPLACEMENT PAVEMENT PAVEMENT
_ A.L. OR P.L.C.
NN B' A' ///4\\'/ �I ' 0.65' MINIMUM C.A.B. OR SLURRY FOR LOCAL STREETS.
I. 1' B' / �\ B'
HARDER 2' 0.50' II 1.00' MINIMUM C.A.B. OR SLURRY FOR HIGHER TRAFFIC
-OVER 2' 1.0' \1 __ \� • STREETS.
SEE NOTE II
MO TABLE HEREON
MCKFILL BONE
SEE MOTE 12
4 i a�� a
1.0' MINIMUM
BEDDING "A" AS PER SUBSECTION 301-1.2.1 OF THE STANDARD
PIPE ZONE SPECIFICATIONS. SLURRY, C.A.B. OR AS SPECIFIED. COMPACTED
0_�
. ' TO THE SATISFACTION OF THE CITY ENGINEER.
OR D' OR 0'Ir. f—
BEDDING 'B" CONCRETE AGGREWTE, C.A.B., C.M.B. OR AS
0.1 -f--
I 'SPECIFIED, MAXIMUM GRADATION NO. 2 COMPACTED TO THE
0/10 SATISFACTION OF THE CITY ENGINEER.
R \\\ ; D/10 BUT NOT
/\\Y/A,\\//,/ / \\\,.0,/// LESS THAN .5'
WHICHEVER IS
i LESS BUT NOT UNDISTURBED FOUNDATION
LESS THAN .35
NOTES:
1. ALL EXCAVATION AND CONSTRUCTION OPERATIONS SHALL COMPLY WITH THE REQUIREMENTS OF CALIFORNIA DIVISION OF
INDUSTRIAL SAFETY AND THE WORK AREA TRAFFIC HANDBOOK. (W.A.T.C.H. LATEST EDITION).
I
2. ALL TRENCHES WHICH 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 NARROW (LESS THAN 2') LONGITUDINAL TRENCHES WHICH ARE LESS THAN
' 20' LONG SHALL BE BACKFILLED WITH CLASS 100-E 100 SAND-CEMENT SLURRY ALL OTHER CONDITIONS SHALL BE
y RACKFILLED WITH SLURRY L.M.B. OR C.A.B. OR AS SPECIFIED.
3. BACKFILL AND COMPACTION METHODS SHALL CONFORM TO SUBSECTION 306-1.3 OF STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION (LATEST EDITION) EXCEPT THAT 952 MINIMUM RELATIVE COMPACTION SHALL BE REQUIRED
WITHIN THE STRUCTURAL SECTION AND 0.5' BELOW, WITH SOS REQUIRED IN THE REMAINDER OF THE BACKFILL ZONE.
A. ALL REFERENCES TO SLURRY SHALL MEAN CLASS 100-E-100 SAND-CEMENT SLURRY.
5. ALL A.C. REPLACEMENT REQUIRES A TACK COAT ON EXISTING EDGES AND A SEAL COAT ON THE SURFACE.
i
6. ALL WORK SHALL CONFORM TO THE CITY OF COSTA MESA 'GUIDELINES FOR TRENCH EXCAVATION' ATTACHED HERETO.
I
7 PRIOR TO PLACING BACKFILL, CALL CITY OF COSTA MESA ENGINEERING DIVISION FOR REDOING INSPECTION.
4 3. THE WHEEL CUT OR SAWCUT OF A.C. SHALL BE A STRAIGHT CLEAN LINE ACCEPTABLE TO THE CITY ENGINEER.
I 9. WHERE A.C. EXCEEDS 0.5' IN THICKNESS. ALTERNATE PAVEMENT REPLACEMENT THAN REWIRED HEREIN WILL BE SPECI-
FIED BY THE CITY ENGINEER.
1 10. PRIOR TO PERFORMING ANY WORK IN THE PUBLIC RIGHT-OF-WAY A PERMIT MUST BE OBTAINED FROM THE CITY OF
I COSTA MESA ENGINEERING DIVISION.
11. ON ALL HIGHWAYS SHOWN ON THE MASTER PLAN OF HIGHWAYS, A +B'+B' SHALL BE OF A WIDTH SUFFICIENT TO ACCOM-
MODATE A SELF-PROPELLED STEEL ROLLER.
12. THIS STANDARD SHALL APPLY TO ALL UTILITY CUTS IN THE PUBLIC RIGHT-OF-WAY.
1
r
C.A.B. RUSHED AGGREGATE BASE AS PER SUBSECTION 200-2 OF THE STANDARD SPECIFICATIONS
C.M.B. RUSHED MISCELLANEOUS BASE '
!VISED 4-16-86 g1AMM'''`�'`
CITY OF COSTA MESA TRENCHING DETAIL SCALE NONE
CALIFORNIA �J/J STD.DWtNO
�j
PUBLIC SERVICES DEPARTMENT APPROVE' �L�L - DATE V/3/�(O 813
33 TERN R.C.E. 19369
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GEO-ETRA, INC
JOB NO F-8680-99
PLATE B-7
a Boring Seven
Percent Dry
Classification Moisture Density
0'
/ CL Brown silty clay medium moist,
firm
1
- 16 5 110 0
( 5 '
CL Light brown fine sandy clay,
medium moist, dense
1
SM Tan silty fine sand, medium
" :. �' moist, dense
'= 4•' ML Tan fine sandy silt, medium
1 10 ' - < moist firm 16 3
SM Tan silty fine sand medium
:y ;r moist, dense
1
15 ' , et .
:,:1 End of boring 7 3
I.
O Depth of bag sample
[ ■ Depth of undisturbed sample
1 ❑ No recovery
Groundwater
Vertical. Scale 1" = 3 '
57
GEO-ETKA, Inc
Job Number F-8680-99
PLATE C"
s
DIRECT SHEAR TEST
2000
1900 -
1800
1700 _
1600 O Boring 1 @ 7 '
0
0
Waa �5O0 Q Boring 4 @ 3 '
1400 /1 Boring 7 @ 4 '
O 1300 (�_/)
w 1200
a
0
0 lloo. 3 0
R1000 �� 1 S j
IP- ,1/ 7°
900
• 800
( % 700
600 . p
0 500 "x' •
400
xN 300
200
100
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
H N CM -7 h b n CO O\ 0 H N C1 -7 h b n CO
H H H H H H H H H
SURCHARGE PRESSURE POUNDS PER SQUARE FOOT
58
GEO—ETKA INC
JOB NO F-8680-99
PLATE "D
LATERAL PRESSURE DESIGN
Ground Surface
1 n
N
02 H
I - n
0.6 H
1
1
0.2 H
Ezcavafion
59
GEO-ETKA INC
Job No F-8680-99
(
( SAND EQUIVALENT TEST
Sample Depth
Boring No. in feet S.E.
1 8 25
2 14 82
3 12 39
4 9 0
5 11 3
6 15 40
7 10 10
(
_
PLATE "E"
60
GEO-ETKA, INC
Job No F-8680-99
( VERTICAL CUT STUDY
It FORMULA
He = 4c' Ng
where He = height of unsupported cut
c' = c , c is cohesion in psf
1 25
= in situ density, pcf
Soil Properties
$5 5 angle of internal friction, in degrees
C = 425 psf
= 100 pcf
Calculations
)1' = 15 5 = 12 4
1 5 1 25
1
(Ng)4' = Tan (45 + J) = 1 24
2
c' = 425 = 340 psf
1 25
He = 4 340 x 1 24 = 16 using FS = 2 5
100
Say He = 6 ft = 6 4
OSHA 5 ' governs
PLATE F
61
GEO,—ETRA, INC,,
JOB. NO F-8.680-99
I
PLATE, "Gn
LEVEL
// .\
I
VARIES
I�
I
5-
MAX
I
BOTTOM OF EXCAVATION
I TYPICAL TEMPORARY
EXCAVATION DETAIL
C 62
1
SOIL CLASSIFICATION CHART
GEO-ETKA, INC
JOB NO F-8680-99
dvH LETTER TYPICAL —`�-
P
MAJOR DIVISIONS 7 R?-1I T
GRAVEL d 4- WELL GRADED
OLEAN .Sa Al. OW c •
AND R �u L.COAnS? GRAVELLY GRAVELS i. ..� ' POORLY GRADED
GRAINED SOILS , • ‘ ' GP GRAVELS
1 SOILS LE GRAVELS
SS THAN GRAVELS �I
50%, PASS W : GM
t-4 FINES SILTY GRAVELS
•/.1•' GC CLAYEY GRA .LS
THAN 50% SAND CLEAN ' SW WELL GRADED SAND
r AND CLE NO
LARGER SANDY POORLY GRADED
SP THAN SOILS
it 200 MORE THAN SAND S �b I /01.
SITVz 50% PASS WITH SFd SILTY SANDS
4 FINES • sc
GILTS L L f"' ML INORGANIC'SILTS
pruro. AND LESS THAN
I GRAIN n ^T YS 50 CL
SOIIr p INORGANIC CLAYS
mpg OL ORGANIC SILTS
.Tnnr 5 ITS T 11//111111
INORGANIC SILL,
THAN 04 F T, Iii
(
PASSING ID L
( P 200 GREATER
SIEVE CLAYS THE 50 / CH INORGANIC CLAYS
__________—' OH O ZG_ n I.0 CLAYS
'TIGHI.Y ORGANIC SOILS .:....
PT P! "^ "Wan
SOIL SAMPLED
FOR UNDISTURBED SAfPLTNG
OUpT CONNECTING
BRASS TTIBTNG ^
` ING SLEL'V^ „TITTINo
II A \ \ were iionariii_ iii 2 625 INCIta T �� 1700''' I
�►� � � . \
1 ,__ ________ -- //. NN. ∎ r - --
\i
� ���� ; � ��1 sit
VALVE
GEO-ETICA, INC
I( 63
Appendix I
GEO-ETKA INC
JOB NO F-8680-99
LIMITATIONS
1 This Geotechnical Report is based upon data obtained by sur-
face reconnaissance, limited soil test borings laboratory test
results, and preliminary engineering analysis No inference
should be drawn from the language of the report that the scope of
the investigation was any wider It must be understood that al-
though the observed and reported conditions are considered repre-
sentative, local variations of geologic and/or soil conditions
may exist for which this firm cannot assume responsibility This
report was prepared upon your request for our services, and in
accordance with accepted standards of professional practice The
limitations of this report are also governed by the contract
amount agreed to be paid by the client
2 This report is issued with the understanding that it is the
responsibility of the owner or of his representatives to ensure
{ that the information and recommendations contained herein are
} called to the attention of the developer, his architect, and en-
gineers for this property so that necessary steps are taken to
implement the recommendations of this report Failure to do so
relieves GEO-ETKA INC of all responsibility
3 The findings of this report are valid as of the present
date However changes in the conditions of a property can occur
with the passage of time, whether they be due to natural
processes or to the works of man on this or adjacent properties
In addition, changes in applicable or appropriate standards oc-
cur, whether they result from legislation or the broadening of
knowledge or present applicable UBC Code requirements Accord-
ingly the findings of this report may be invalidated wholly or
partially, by changes outside of our control Therefore, this
report is subject to review and should not be relied upon after a
period of one (1) year Note that some local jurisdiction have
less time for the reports validity and reports are required to be
if updated at the expiration of such predetermined limits
[ 4 Unless the recommendations of this report are completely in-
corporated into the design, and all phases of geotechnical ac-
tivity are checked tested and reported by this office, GEO-ETKA
INC will not be held liable by others
APPENDIX II
64
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:
65
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 ($ ) 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
2
66
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.
8. Extension of Time
If such work is not completed within such lime, the DISTRICT Board or its designee
shall have the right to increase the number of working days in the amount it may determine will
best serve the interests of DISTRICT and, if it desires to increase said number of working days,
is shall have the further right to charge to CONTRACTOR and deduct from the final payment
for the work the actual cost of engineering, construction review and other overhead expenses
which are directly chargeable to CONTRACTOR and which accrue during the period of such
extension, except that the cost of the final service and preparation of the final estimates shall not
be included in such charges; provided, however that no extension of time for the completion
of such work shall ever be allowed unless, at least twenty (20) days prior to the time herein
fixed for the completion thereof, or the time fixed by the DISTRICT Board or its designee for
such completion as extended, CONTRACTOR shall have filed application for extension thereof,
in writing with the DISTRICT Manager/Engineer addressed to the DISTRICT Board and its
designee. Said application shall be made pursuant to the requirements of Sections 20104 through
20104 8, Public Contracts Code.
In this connection, it is understood that the DISTRICT Manager/Engineer shall not
transmit any such request to the DISTRICT Board if not filed within the time herein prescribed.
3
67
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 Iiquidated damages for each day beyond
the date herein provided for the completion of such work. This sum is established pursuant to
Section 53069 85 of the Government Code and is deemed by the parties hereto to be a
reasonable amount.
10. Performance of Sureties
In the event of any termination as herein above provided, the DISTRICT shall
immediately give written notice thereof to CONTRACTOR and CONTRACTOR s sureties, and
the sureties shall have the right to take over and perform the AGREEMENT provided, however,
that if the sureties, within five (5) days after giving them said notice of termination, do not give
DISTRICT written notice of their intention to take over the performance of the AGREEMENT
and do not commence performance thereof within five (5) days after notice to the DISTRICT
of such election, DISTRICT may take over the work and prosecute the same to completion, by
contract or by any other method it may deem advisable, for the account, and at the expense of
CONTRACTOR and the sureties shall be liable to DISTRICT for any excess cost or damages
occasioned DISTRICT thereby• and in such event, DISTRICT may without liability for so
doing, take possession of, and utilize in completing the work, such materials, appliances, plant
and other property belonging to CONTRACTOR as may be on the site of the work and
necessary therefor
11 Disputes Pertaining to Payment for Work
Should any dispute arise respecting the true value of the work done, of any work omitted,
of any extra work which CONTRACTOR may be required to do, or respecting the size of any
payment to CONTRACTOR during the performance of this Contract, such dispute shall be
decided pursuant to Section 20104 through 20104 8, Public Contracts Code, as the same is now
4
68
in force and as the same may be amended from time to time, provided that the dollar amount
of the dispute is within the statutory limits set forth therein.
12. Permits Compliance With Law
CONTRACTOR shall, at CONTRACTOR's expense, obtain all necessary permits and
licenses for the construction of each improvement, give all necessary notices and pay all fees
and taxes required by law
13 Superintendence by CONTRACTOR
CONTRACTOR shall give personal superintendence to the work on said improvement
or have a competent foreman or superintendent satisfactory to the DISTRICT Engineer on the
work at all times during progress with authority to act for him.
14 Observance by DISTRICT
CONTRACTOR shall at all times maintain proper facilities and provide safe access for
observation by DISTRICT to all parts of the work and to the shops wherein the work is in
preparation.
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
5
69
passed such testing and observation by DISTRICT's representative shall not be used on said
improvement unless CONTRACTOR is previously notified by DISTRICT that such testing and
observation will not be required.
CONTRACTOR shall also furnish DISTRICT in triplicate, certified copies of all
required factory and mill test reports.
17 Permits and Care of the Work
CONTRACTOR has examined the site of the work and is familiar with its topography
and condition, location of property lines, easements, building lines and other physical factors
and limitations affecting the performance of this AGREEMENT CONTRACTOR, at
CONTRACTOR's expense, shall obtain any permission necessary for any operations conducted
off the property owned or controlled by DISTRICT CONTRACTOR shall be responsible for
the proper care and protection of all materials delivered and the work performed until
completion and final observation and acceptance.
18. Other Contracts
DISTRICT may award other contracts for additional work and CONTRACTOR shall
fully cooperate with such other contractors and carefully fit CONTRACTOR's own work to that
provided under other contracts as may be directed by DISTRICT Manager/Engineer
CONTRACTOR shall not commit or permit any act 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
6
70
parties that lead time for processing invoices for inclusion on the warrant list of
the DISTRICT has been established by the DISTRICT Finance Office and that
invoices for payment will be processed and paid in accordance with any
established rules and regulations of said DISTRICT Finance Officer Payment
shall be ninety-five percent (95%) of the amount invoiced, the remaining five
percent (5%) to be subject to the provisions in Paragraph (B). The payment as
provided for herein [except for the retention provided for in Paragraph (B)] shall
be made the day following its approval by the DISTRICT Board at its next
regular meeting following the submittal of the invoice to the Board by the
DISTRICT Manager/Engineer
(B) DISTRICT reserves the right to retain five percent (5%) of the contract price for
a period of thirty-five (35) days after the filing of the notice of completion of the
contract. CONTRACTOR shall have the following options pursuant to Section
22300, Public Contracts Code:
(i) To substitute securities for any money retained by DISTRICT
(ii) To require DISTRICT to pay into an escrow created at the expense of
CONTRACTOR.
The substitute securities provided for herein may be held pursuant to Section 22300 and
any escrow agreement entered into between the parties shall be in the statutory form set forth
in Section 22300.
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
7
71
reserves the right to object to said surety in accordance with the procedure set forth in Code of
Civil Procedure Sections 995 650 et . Bonds shall be accompanied with an appropriate power
of attorney authorizing the execution of the bond.
21 Indemnification
CONTRACTOR and DISTRICT agree that DISTRICT should, to the extent permitted
by law be fully protected from any loss, injury damage, claim, lawsuit, cost, expense,
attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in
any way related to the performance of this Agreement. Accordingly the provisions of this
indemnity provision are intended by the parties to be interpreted and construed to provide the
fullest protection possible under the law to the DISTRICT except for liability attributable to the
DISTRICT's active negligence. CONTRACTOR acknowledges that DISTRICT would not enter
into this Agreement in the absence of this commitment from CONTRACTOR to indemnify and
protect DISTRICT as set forth here.
To the full extent permitted by law and excepting only the active negligence of
DISTRICT established by a court of competent jurisdiction or written agreement between the
parties, CONTRACTOR shall defend, indemnify and hold harmless DISTRICT its employees,
agents and officials, from any liability claims, suits, actions, arbitration proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual
attorney fees incurred by DISTRICT court costs, interest, defense costs including expert witness
fees and any other costs or expenses of any kind whatsoever without restriction or limitation
incurred in relation to, as a consequence of or arising out of or in any way attributable actually
allegedly or impliedly in whole or in part to the performance of the Agreement. All obligations
under this provision are to be paid by CONTRACTOR as incurred by the DISTRICT
Without affecting the rights of the DISTRICT under any provision of this Agreement or
this Section, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT
as set forth above for liability attributable to the active negligence of DISTRICT provided such
active negligence is determined by agreement between the parties or the findings of a court of
competent jurisdiction. This exception will only apply in instances where the DISTRICT is
shown to have been actively negligent and not in instances where CONTRACTOR is solely or
8
72
partially at fault or in instances where DISTRICTs active negligence accounts for only a
percentage of the liability involved. In those instances, the obligation of CONTRACTOR will
be for that portion or percentage of liability not attributable to the active negligence of
DISTRICT as determined by written agreement between the parties or the findings of a court
of competent 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 subtier contractor or
any other person or entity involved by for with or on behalf of CONTRACTOR in the
performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain
such indemnity obligations form others as required here, CONTRACTOR agrees to be fully
responsible according to the terms of this section.
Failure of DISTRICT to monitor compliance with these requirements imposes no
additional obligations on DISTRICT and will in no way act as a waiver of any rights hereunder
This obligation to indemnify and defend DISTRICT as set forth herein is binding on the
successors, assigns, or heirs of CONTRACTOR and shall survive the termination of this
Agreement or this section.
22. Insurance
CONTRACTOR agrees to provide insurance in accordance with the requirements set
forth here. If CONTRACTOR uses existing coverage to comply with these requirements and that
coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend,
supplement or endorse the existing coverage to do so. The following coverages will be provided
by CONTRACTOR and maintained on behalf of the DISTRICT and in accordance with the
requirements set forth herein.
Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided
on ISO-CGL form No. CG 00 01 11 85 or 88. Total limits shall be no less than five (5) million
9
73
dollars per occurrence for all coverages. DISTRICT and its employees and agents shall be added
as additional insureds using ISO additional insured endorsement form CG 20 10 11 85 (in no
event will DISTRICT accept an endorsement form with an edition date later than 1990)
Coverage shall apply on a primary non-contributing basis in relation to any other insurance or
self-insurance, primary or excess, available to DISTRICT or any employee or agent of
DISTRICT Coverage shall not be limited to the vicarious liability or supervisory role of any
additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily
injury/property damage, personal injury/advertising injury at a minimum, and shall include a
drop down provision providing primary coverage above a maximum $25,000.00 self-insured
retention for liability not covered by primary policies but covered by the umbrella policy
Coverage shall be following form to any underlying coverage. Coverage shall be provided on
a 'pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be
no cross liability exclusion. Policies shall have concurrent starting and ending dates.
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on Iso
Business Auto coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be
no less than five (5) million dollars per accident. Starting and ending dates shall be concurrent.
If CONTRACTOR owns no autos, a non-owned auto endorsement to the General liability policy
described above is acceptable.
Workers' Compensation/Employers' Liability shall be written on a policy form providing
workers' compensation statuary benefits as required by law Employers' liability limits shall be
no less than one (1) million dollars per accident or disease. Employers' liability coverage shall
be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy
shall be endorsed to waive any right of subrogation as respects the DISTRICT its employees
or agents.
CONTRACTOR and DISTRICT further agree as follows:
1 This Section supersedes all other sections and provisions of this Agreement to the
extent that any other section or provision conflicts with or impairs the provisions of this Section.
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
10
74
intended to be separate and distinct from any other provision in this Agreement and shall be
interpreted as such.
3. All insurance coverage and limits provided pursuant to this agreement shall apply to
the full extent of the policies involved, available or applicable. Nothing contained in this
Agreement or any other agreement relating to the DISTRICT or its operations limits the
application of such insurance coverage.
4 Requirements of specific coverage features or limits contained in this Section are not
intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage
normally provided by insurance. Specific reference to a given coverage feature is for purposes
of clarification only and is not intended by any party to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type.
5 For purposes of insurance coverage only this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards, performance of this Agreement.
6. All general or auto liability insurance coverage provided pursuant to this Agreement,
or any other agreements pertaining to the performance of this Agreement, shall not prohibit
CONTRACTOR, and CONTRACTOR's employees, or agents, from waiving the right of
subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against
DISTRICT
7 Unless otherwise approved by DISTRICT CONTRACTOR's insurance shall be
written by insurers authorized to do business in the State of California and with a minimum
'Best's' Insurance Guide rating of A.VII' Self-insurance will not be considered to comply
with these insurance specifications.
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
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umbrella liability policies (if any) using ISO form CG 20 10 11 85 Certificate(s) are to reflect
that the insurer will provide thirty (30) days notice of any cancellation of coverage.
CONTRACTOR agrees to require its insurer to modify such certificates of any cancellation of
coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, and to delete the word endeavor' with regard to any notice provisions.
CONTRACTOR agrees to provide complete copies of policies to DISTRICT upon request.
10. CONTRACTOR shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverages.
11 Any actual or alleged failure on the part of the DISTRICT or any additional insured
under these requirements to obtain proof of insurance required under this Agreement in no way
waives any right or remedy of DISTRICT or any additional insured, in this or any other regard.
12. CONTRACTOR agrees to require all subcontractors or other parties hired for this
project to provide general liability insurance naming as additional 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.
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
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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 One Hundred ($100.00) 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 comply in all respects with Title 40 U.S.C. Section 276a, also
known as 'The Davis-Bacon Act' where federal funds are involved and CONTRACTOR shall
also comply in all respects with California Labor Code Sections 1770 et seq. if applicable.
If CONTRACTOR is engaged in the construction, prosecution, completion or repair of
any public building or public work, or building or work financed in whole or in part by loans
or grants from the United States, CONTRACTOR shall furnish each week to the DISTRICT
Finance Officer a statement with respect to the wages paid each of its employees during the
preceding weekly payroll period.
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
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additional lime for the performance of this AGREEMENT sufficient to
compensate in time for said delay or suspension. To qualify for such extension
of lime, 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
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
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party hereto may without incurring any liability, elect to declare this
AGREEMENT terminated upon the ground of impossibility of performance. In
the event DISTRICT declares this AGREEMENT terminated, such declaration
shall be authorized by the DISTRICT Board, by resolution, and CONTRACTOR
shall be notified in writing thereof within five (5) days after the adoption of such
resolution. Upon such termination, CONTRACTOR shall be entitled to
proportionate compensation at the agreement rate for such portion of the
AGREEMENT as may have been performed, or
D DISTRICT may terminate this AGREEMENT without cause, in which case
CONTRACTOR shall be entitled to proportionate compensation at the agreement
rate for such portion of the AGREEMENT as may have been performed. Such
termination shall be authorized by resolution of the DISTRICT Board. Notice
thereof shall be forthwith given in writing to CONTRACTOR and this
AGREEMENT shall be terminated upon receipt by CONTRACTOR of such
notice.
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;
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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:
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
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DISTRICT will deal directly with and make all payments to the CONTRACTOR.
29 Contractor's Affidavit
After the completion of the work contemplated by this Contract, CONTRACTOR shall
file with the DISTRICT's Manager/Engineer his affidavit stating that all workmen and persons
employed and all 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
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DISTRICT acknowledges its responsibilities with respect to the location of utility
facilities pursuant to California Government Code Section 4215
33 Discrimination
CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color sex, age, or
disability
34 Governing Law
This Contract and any dispute arising hereunder shall be governed by the law of the State
of California.
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
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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 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 ($1,000 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
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completing extra work. 'Direct Costs' shall be those items defined in Section 3-
3.2.2 Basis for Establishing Costs, Standard Specifications for Public Works
Construction, 1997 edition. Excluded from direct costs shall be mark ups on
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
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audit by any authorized representative of DISTRICT
40. Notice to District of Labor Disputes
Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is
delaying or threatens to delay the timely performance of this Contract, CONTRACTOR shall
immediately give notice thereof, including all relevant information with respect thereto, to
DISTRICT
41 As Built Drawings
CONTRACTOR shall provide DISTRICT's Engineer with drawings of the Construction
in its 'as built' condition.
42. Days and Hours of Work
Should the CONTRACTOR desire to perform construction work on Saturday Sunday
or on any day observed as a holiday by DISTRICT or prior to 8:00 a.m. or after 5:00 p.m. of
any day he must submit his written request to DISTRICT's Manager/Engineer at least 24 hours
prior to the proposed start of such work. No such work shall be commenced without the prior
approval of the DISTRICT's Manager/Engineer The DISTRICT observes those holidays
specified by Government Code Section 6700
The foregoing shall not apply in the case of an emergency necessitating immediate work.
43 CONTRACTOR s Independent Investigation
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No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions
or difficulties that may be encountered in the execution of the work under this Contract, as a
result of failure to make the necessary independent examinations and investigations, and no plea
of reliance on initial investigations or reports prepared by DISTRICT for purpose of letting this
Contract out to bid, will be accepted as an excuse for any failure or omission on the part of the
CONTRACTOR to fulfill in every detail all requirements of said Contract, specifications, and
plans. Nor will such reasons be accepted as a basis for any claims whatsoever for extra
compensation or for an extension of time.
44 Interpretation
In the event of any conflict, inconsistency or incongruity between the provision of this
Contract and the provisions of Paragraph 2 hereof, or amendments thereto, the provisions of this
Contract shall control in all respects.
45 Attorney's Fees
If any action at law or in equity is necessary to enforce or interpret the terms of this
AGREEMENT the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled. If any
action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or
Notice to Withhold, which names the DISTRICT as a party to said action, DISTRICT shall be
entitled to reasonable attorney's fees, costs and necessary disbursements.
46. Additional Costs
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CONTRACTOR shall be responsible to reimburse the DISTRICT a sum equal to the
expenses of administration and legal services required to be expended by the DISTRICT in
processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure
of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in
the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right
to offset any such costs and expenses incurred by DISTRICT against any sums owing to
CONTRACTOR under the AGREEMENT
47 Assignment
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds
to be received hereunder will be recognized by the DISTRICT unless such assignment has had
prior written approval and consent of the DISTRICT and the surety
48. Safety and Site Condition
CONTRACTOR shall perform all operations with due regard for safety and in strict
compliance with all applicable laws relating thereto. It shall be CONTRACTOR s responsibility
to keep the site in a clean, neat and orderly condition. It shall also be CONTRACTOR's duty
to dust-palliate all working areas and access routes, if applicable. All operations shall be
conducted by CONTRACTOR so that no fire hazards are created.
49 Observation
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Services shall be furnished by the DISTRICT on an eight (8) hour day and forty (40)
hour week basis. Any additional observation that is required in excess of the foregoing shall be
paid for by the CONTRACTOR at special hourly rates to be determined by DISTRICT
50. Workmanship and Materials
Unless otherwise specifically provided for in the specifications, all workmanship,
equipment, materials and articles incorporated in the work covered by this Contract are to be
new and of the most suitable grade of their respective kinds for the purpose intended. Where
equipment, materials or articles are referred to in the specification as equal to' any particular
standard, DISTRICT shall decide the question of equality In the manner and to the extent
required by the specifications, CONTRACTOR shall furnish DISTRICT for approval full
information concerning the equipment, materials or articles which he contemplates incorporating
in the work. Samples of material shall be submitted for approval when required for
specification. In addition to furnishing a list of subcontractors, and prior to commencing the
work covered by this Contract, CONTRACTOR shall furnish DISTRICT a list of the equipment,
materials, or articles CONTRACTOR proposes to use in the performance of this Contract.
Substitutions of equipment, materials or articles shall not be done unless approved by the
DISTRICT's 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
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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 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
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adjustment shall be effected whether or not final payment had been made.
52. Regional Notification Centers
CONTRACTOR agrees to contact the appropriate regional notification center in
accordance with Government Code Section 4216 before commencing any excavation.
53. Trench Protection
CONTRACTOR shall submit its detailed plan for worker protection during the excavation
of trenches required by the scope of the work in accordance with Labor Code Section 6705
54 Trenching Conditions
If this contract involves digging trenches or other excavations that extend deeper than
four feet below the surface, CONTRACTOR shall promptly and before the following conditions
are disturbed, notify the DISTRICT in writing, of any
(A) Material that the CONTRACTOR believes may be material that is hazardous
waste, as defined in Section 25117 of the Health and Safety Code, that is required
to be removed to a Class I, or Class II disposal site in accordance with provisions
of existing law
(B) Subsurface or latent physical conditions at the site differing from those indicated.
(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.
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(D) The DISTRICT shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ or do involve hazardous waste, and cause a
/ decrease or increase in the CONTRACTOR s cost of, or the time required for
performance of any part of the work shall issue a change order the procedures
described in the contract.
(E) In the event that a dispute arises between the DISTRICT and the CONTRACTOR
whether the conditions materially differ, or involve hazardous waste, or cause a
decrease or increase in the CONTRACTOR s cost of, or time required for
performance of an part of the work, the CONTRACTOR shall not be excused
from any scheduled completion date provided for by the contract, but shall
proceed with all work to be performed under the contract. The CONTRACTOR
shall retain any and all rights provided either by contract or by law which pertain
to the resolution of disputes and protests between the contracting parties.
•
•
I
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Dated this day of , 1996 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)
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