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Project 129 - Specifications - 2011-10-01 ' COSTA MESA SANITARY DISTRICT ORANGE COUNTY, CALIFORNIA ' CONTRACT SPECIFICATIONS FOR BRISTOL STREET SEWER REPLACEMENT PHASE II Project No. 129 Bid Date: October 25, 2011 Contract Time: 60 Working Days wgA SANIT,lipp Ors FDual. d O y 1,1 `°)�D oRpORAT�v Robin B. Flamers 1 District Engineer Costa Mesa Sanitary District ((of ESS/p1�BIN B. HAMERS rn RCE NO.31720 m ' EXP 12/31/2012 v% ihr lob I . S T TBER 1 1 BRISTOL STREET SEWER REPLACEMENT PHASE II ' Project No. 129 TABLE OF CONTENTS I NOTICE INVITING SEALED PROPOSALS (BIDS) 1 BID PROPOSAL STANDARD SPECIFICATIONS SPECIAL PROVISIONS SOILS INVESTIGATION CITY OF NEWPORT BEACH STANDARDS 1 ENCROACHMENT PERMIT REQUIREMENTS ' 2. CITY OF NEWPORT BEACH STD-105-L-B 3. CITY OF NEWPORT BEACH STD-106-L ' COSTA MESA SANITARY DISTRICT STANDARDS 4. CMSD STD DWG.NO 5-100 5. CMSD STD.DWG.NO. 5-104-A 6. CMSD STD. DWG.NO. S-112 COSTA MESA SANITARY DISTRICT CONSTRUCTION AGREEMENT REQUEST FOR CHANGE ORDER FORM 1 COSTA MESA SANITARY DISTRICT ' ORANGE COUNTY CALIFORNIA NOTICE INVITING SEALED PROPOSALS(BIDS) ' NOTICE IS HEREBY GIVEN that the Board of Directors of the Costa Mesa Sanitary District invites and will receive sealed proposals (bids) for furnishing all labor, materials, equipment, transportation, permits, and other items necessary for the construction of the following project: BRISTOL STREET SEWER REPLACEMENT PHASE II ' Project No 129 Bids will be received by the Costa Mesa Sanitary District office at 628 West 19th Street, Costa Mesa, California until the hour of 10:00 a.m. on the 25th day of October, 2011, at which time they will be opened publicly and read aloud in the Board Conference Room. Sealed proposals shall bear the title of the project and the name of the bidder Any bid received after the scheduled bid opening time shown above will not be accepted and returned to the bidder unopened. It shall be the sole responsibility of the bidder to seal and deliver the bid proposal to the District office at or before the time specified in this notice provided. ' A set of the approved contract documents including plans and specifications may be obtained at the District office or requested by phone at (949) 645-8400 Extension 221 for a non-refundable payment of ' $30.00. An additional payment of$15.00 will be required to cover shipping costs. The Contractor shall comply with the provisions of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California. Prevailing rates shall be paid to all workers employed in the performance of the contract. Such rates of wages are on file with Department of Industrial Relations and in the office of the District and are available to any interested party upon request. The contractor is responsible for all penalties ' prescribed for noncompliance to these provisions. Each bid shall be submitted on the Bid Proposal Form furnished as part of the contract documents, and shall be accompanied by a certified check, a cashier's check or a bidder's bond in an amount not less than 10-percent of the amount of the bid, made payable to the Costa Mesa Sanitary District. The check or bond shall be given as guarantee that the bidder will enter into a contract with the District and furnish the required payment and performance bonds and certificates of insurance and endorsements if awarded the ' work. The check or bond will be declared forfeited if the successful bidder does not enter into the contract or furnish the required bonds and insurance forms under the time frame specified in the construction agreement. It is imperative that the bidders carefully review this notice and the District's standard construction agreement and insurance forms. The successful bidder will be required to comply with all requirements in the standard construction agreement and insurance forms. In the event of failure or inability to meet these requirements after the award of contract, the District shall have the right to reject the bid and/or declare a forfeiture of the bid bond. Pursuant to California Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the District or an approved financial institution in order to have the District release funds retained by the District to insure performance of the contract. t CMSD Project No. 129 Notice Inviting Sealed Proposals (Bids)— 1 of 2 Liquidated damages in the sum of$250 per day shall be imposed for each unexcused day beyond the contract completion date. ' The Board of Directors of the District reserves the right to select the schedule(s)under which the bids are to be compared and contract(s)awarded,to reject any and all bids,and to waive any and all irregularity in any bid. Dated: September 12, 2011 BY ORDER OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT 1 1 1 I I I CMSD Project No. 129 Notice Inviting Sealed Proposals (Bids)—2 of 2 COSTA MESA SANITARY DISTRICT ' ORANGE COUNTY CALIFORNIA BID PROPOSAL FORM BRISTOL STREET SEWER REPLACEMENT PHASE II Project No 129 Name of Bidder. I Address. ' Phone No. TO THE BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT ' Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and the other documents relating thereto, the undersigned bidder has carefully examined and is completely familiar with the plans, ' specifications, and contract documents including the local conditions affecting the performance of the contract, the character, quality quantities, and scope of the work, and the materials to be furnished as to the requirements of the specifications and the contract. ' If awarded the contract, the undersigned bidder hereby proposes and agrees to perform within the time stipulated in the contract, including all of its component parts and everything required to be performed, and to furnish any and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items necessary to perform the contract and complete in a workmanlike manner, all of the work required in connection with the construction of said work all in strict conformity with the plans and specifications and other contract documents, including addenda Nos. and , on file in the District office for the prices hereinafter set forth. The undersigned as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm, or ' corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract with the District in the form set forth in the contract documents and that he will accept in full payment thereof the following prices, to wit: CMSD Project No. 129 Bid Proposal Form— 1 of 10 I I ICMSD SEWER REPLACEMENT PROJECT NO.129 SCHEDULE OF WORK ITEMS (SCHEDULE A) I BRISTOL STRELI SEWER REPLACEMENT PHASE H BID APPROX. UNIT TOTAL I HEM QUANTITY DESCRIPTION PRICE AMOUNT 1 Lump Sum Bonds, Insurance, and Permits: Work under this item includes any costs incurred for securing bonds, insurance Lump I permits and financing for construction work. Sum $ 2 Lump Sum Mobilization, Demobilization and Cleanup: Work under this item shall include preparatory and cleanup operations I including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to and from the project site, securing a I temporary construction yard, and maintaining the project Lump site in a safe and orderly manner during construction. Sum $ 3 Lump Sum Traffic Control. Furnish all labor, materials, and I equipment for the installation and removal of the required traffic control including, but not limited to, changeable message boards, signs, delineators, traffic cones, I barricades, flashing arrow signs, steel plates, and all other traffic control devices necessary to comply with the traffic Lump control drawings. Sum $_ I 4 Lump Sum Geotechnical Evaluation During Construction: Work under this item shall include laboratory testing of trench backfill, aggregate base, asphalt, and concrete during construction. Work under this item shall also include the I monitoring of batch time, temperature, mix designs, and placement time for all pavement replacement. I Note: Contractor shall provide a report(2 copies)of the geotechnical observation and testing upon project Lump completion to the District. Sum $ I 5 Lump Sum Provide Diversion Plan for Existing Sewage Flow During Construction: Work under this item shall include, but is not limited to, pumps, temporary hoses or piping, pumper I trucks, plugs, and all other equipment necessary to provide diversion of existing sewage flow during construction Lump complete in place. Sum $ I 6 Lump Sum Replace Pavement Striping: Work under this item shall include furnishing and installing all labor material, and work necessary to replace existing pavement striping damaged during construction to original condition Lump Icomplete in place. Sum $ I rCMSD Project No. 129 Bid Proposal Form—2 of 10 CMSD SEWER REPLACEMENT PROJECT NO. 129 ' SCHEDULE OF WORK ITEMS (SCHEDULE A) BRISTOL STREET SEWER REPLACEMENT ' PHASE BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT ' 7 3 Each Remove existing manhole and Construct Launching/Receiving Pit for pipe bursting system. Work under this item shall include furnishing and $ ' installing all labor, material, shoring and work necessary for this item. Each $ 8 703 LF Construct 12' HDPE SDR17 1PS pipe by pipe bursting method to replace existing 8' VCP sewer per Plans and Specifications. Contractor Bidding the Project must Self Perform the Pipe Bursting Operations, have successfully completed at least 1,500 linear feet of Sewer Pipe Bursting, or shall submit with Bid Documents that they will use the Pipe Bursting Equipment Manufacturer's Technical Representative ' to train and support for project start up. Work under this item shall include furnishing and ' installing all labor, material, and work necessary to$ construct 12' HDPE pipe by pipe bursting method including pre and post CCTV and pipe cleaning. LF $ ' 9 3 Each Construct 48' Manhole per CMSD Std. Dwg. No. S-100 with Ameron T-Lock Liner System or approved equal on manhole walls, bases and channels. Work under this item shall include furnishing and$ installing all labor, material, and work necessary to construct new manhole in place. Each $ 10 1 Each Protect existing manhole in place and construct access pit for pipe bursting if needed. ' Work under this item shall include furnishing and installing all labor, material, and work necessary to $ protect existing manhole in place and construct access pit. Each $ ' 11 4 Each Reconnect sewer lateral per CMSD Std.Dwg.No. S-104- A with fusion HOPE,saddle. ' Work under this item shall include furnishing and $ installing all labor,material, and work necessary to reconnect sewer lateral. Each $ 1 CMSD Project No. 129 Bid Proposal Form—3 of 10 I I CMSD SEWER REPLACEMENT PROJECT NO. 129 ISCHEDULE OF WORK ITEMS (SCHEDULE A) BRISTOL STREET SEWER REPLACEMENT I PHASE II BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT I 12 Lump Sum Protect existing IRWD domestic water pipelines in place. $ Work under this item shall include furnishing and installing all labor, material, and work necessary to protect Lump Ithe water line in place. Sum $ 13 Lump Sum Chip around existing opening in manhole. Connect new I 12' I-IDPE pipe and mortar patch grout. Work under this item shall include furnishing and installing all labor, material,and work necessary to Lump Icomplete this item. Sum $ 14 Lump Sum Pothole existing 24' RCP Storm Drain prior to construction and protect storm drain during pipe bursting. IContractor to provide televising inspection of storm drain before and after construction. I Work under this item shall include furnishing and installing all labor,material, and work necessary to Lump complete this item. Sum $ I 15 Lump Sum Protect existing 16' domestic water pipeline in place per City on Newport Beach requirements. $ I Work under this item shall include furnishing and installing all labor, material, and work necessary to protect Lump the water line in place. Sum $ I 16 Lump Sum Remove Temporary Cap set during soils investigation. Construct Pavement Replacement per City of Newport Beach Std-105-L-B and detail on Sheet 5 of Plans. I Work under this item shall include all material and labor for pavement replacement including final asphalt concrete Lump pavement installation. Sum $ I17 Lump Sum Pavement Replacement per City of Newport Beach Std- 105-L-B and detail on Sheet 5 of Plans. I Work under this item shall include all material and labor for pavement replacement including final asphalt concrete Lump pavement installation. Sum $ I TOTAL AMOUNT OF ITEMS 1 THROUGH 17 $ I ICMSD Project No. 129 Bid Proposal Form—4 of 10 1 CMSD SEWER REPLACEMENT PROJECT NO.129 SCHEDULE OF WORK ITEMS (SCHEDULE A) BRISTOL STREET SEWER REPLACEMENT ' BID APPROX. PHASE UNIT TOTAL DESCRIPTION ITEM QUANTITY PRICE AMOUNT I ' (TOTAL IN WORDS—SCHEDULE A) Bidders Initials Note: In case of a discrepancy between the words and figures, the words shall prevail. The Contractor agrees that the District will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for ' damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or mis-statements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor ' from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefor, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract. The Contractor agrees that the District shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or ' expedient, and that the payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work. ' Accompanying this proposal is (S )• ' NOTICE: Insert the words 'Cash' 'Certified Check' or 'Bidder s Bond' as the case may be in an amount equal to at least 10%of the total bid price, payable to the Costa Mesa Sanitary District. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted by the District and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the ' District with surety satisfactory to the District within 10 Days after the bidder has received written notice of the award of the contract; otherwise, said security shall be returned to the undersigned. Respectfully submitted, ' Contractor's Business Name Contractor Title ' Business Address: Street By Title ' City State Zip Contractor's License, Expiration CMSD Project No. 129 Bid Proposal Form—5 of 10 1 ' Date&Classification ' Business Phone Number Name Title Residence Phone Number Bidder's Residence: Street City State Zip ' I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. Dated at this day of 20 (Signed) The full names and residences of all persons and parties interested in the foregoing proposal, as ' principals, are as follows: NOTICE: Give first and last names in full; in case of corporation, give names of President, Secretary Treasurer and Manager, and affix corporate seal; in all cases of partnerships and joint ventures give names of all the individual members. 1 1 1 CMSD Project No. 129 Bid Proposal Form—6 of 10 1 1 1 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 1 progress,within the last 24 months. Your cooperation in this matter is greatly appreciated. DATE PROJECT AGENCY'S CONTRACT AWARDED AWARDING AGENCY ADMINISTRATOR 1 i 1 1 i PROJECT ADDENDA 1 Bidder shall signify receipt of all Addenda here,if any ADDENDUM NO DATE RECEIVED BIDDER'S SIGNATURE 1 i 1 1 1 1 1 CMSD Project No. 129 Bid Proposal Form—7 of 10 ' DESIGNATION OF SUBCONTRACTORS In compliance with the 'Subletting and Subcontracting Fair Practices Act' being Sections 4100-4113 ' of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or ' improvement in an amount in excess of 1/2 of 1%of the prime Contractor's total bid and shall further set forth the portion of the work which will be done by each such Subcontractor Only one Subcontractor for each such portion shall be listed. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such work himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity and then only after a ' finding reduced to writing as a public record of the Legislative Body of the owner. Portion State License Of Work Subcontractor's Name and Address Number Class 1 CMSD Project No. 129 Bid Proposal Form—8 of 10 i 1 1 10% BIDDER'S BOND TO ACCOMPANY PROPOSAL (Required if the bidder desires to submit bond Stead of a certified or cashier's check). KNOW ALL PEOPLE BY THESE PRESENTS: 1 That we, as principals, and as surety are held and firmly bound unto the Costa Mesa Sanitary District,a special district, organized under the laws of the State of California and situated 1 in Orange County in the sum of ($ ) to be paid to the District, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or assigns,joint and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, 1 That if the certain proposal of the above bounden is accepted by the Costa Mesa Sanitary District, and if the above bounden, his 1 heirs,executors,administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within 10 days (not including Sunday) from the date of the 1 mailing of a notice of the above bounden, by and from District, that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 1 IN WITNESS WHEREOF We hereunto set our hands and seals this day of 20_ 1 1 i i 1 i CMSD Project No. 129 Bid Proposal Form—9 of 10 NON-COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say that neither they nor any of them have in any way, directly or indirectly entered into any arrangement or agreement with any other bidder or with any public officer ' of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or ' indirectly entered into any arrangement or agreement with any other bidder or bidder, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any Subcontractor or supplier through any bid depository, the By- Laws, Rules, or Regulation of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or supplier which is not processed through said bid depository or which prevent any Subcontractor or supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository' that no inducement of any form or character other than that ' which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. 1 Subscribed and sworn to before me by ' This day of 20_ My Commission expires: ' Notary Public 1 1 CMSD Project No. 129 Bid Proposal Form— 10 of 10 1 STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the latest edition of the 'Standard Specifications for Public Works Construction' (Green Book) and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association; hereinafter ' referred to as Standard Specifications, are adopted as the 'Standard Specifications' of the Costa Mesa Sanitary District and shall be considered as a part of these specifications. Also a part of these specifications are the Costa Mesa Sanitary District's Standard Plans and Specifications for the Construction of Sanitary Sewers. 1 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 fast precedence. 1 1 2 DEFINITIONS ' (a)AGENCY The Costa Mesa Sanitary District, also hereinafter called 'District' (b)BOARD The Board of Directors of the Costa Mesa Sanitary District. (c)CONTRACT Documents including but not limited to the Proposal, Standard Specifications, General Provisions, Special Provisions,Plans, Bonds, Insurance, Contract Agreement and all Addenda setting forth any modifications of the document. ' (d)ENGINEER District Engineer of the Costa Mesa Sanitary District. (e)BIDDER Any individual, co-partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. (f)LEGAL ADDRESS The legal address of the Contractor shall be the address of contractor given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract. (h) STATE Chapter 3, Part 5, Division 3, Title 2 of the CONTRACT Government Code. 1 The provisions of this ACT and other applicable laws, form and constitute a part of the provisions of this contract to the same extent as if set forth herein, in full. 1 2 1 AWARD AND EXECUTION OF CONTRACT The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all requirements of the notice inviting bids. The District, however, reserves the right to reject any or all bids, and to waive any informality in the bids received. The award, if made, will be made within 30 days after the opening of the bids. PROCEDURE FOR PROPOSAL SUBMITTAL Proposal shall be made and submitted on the Proposal Forms in accordance with the Notice 1 Inviting Bids. No person, firm, or corporation, shall be allowed to make, file, or be interested in, more than one bid for the same work; unless alternate bids are called for A person, firm, or corporation, who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not 1 CMSD Project No. 129 Standard Specifications— I of 8 hereby disqualified from submitting a sub-proposal or quoting prices to other bidders. If, on the ' opening of bids, more than one bid appears in which the same person, firm, or corporation, is interested as a principal, all such bids shall be rejected. Proposals with interlineations, alterations, or erasures, shall be initialed by the bidder's authorized agent. Alternative proposals,special conditions, or other limitations or provisions affecting the bid,except as such called for by the contract documents, will render the bid informal and may cause its rejection. All proposals must give the prices bid for the various items of work and must be signed by the bidder, who shall give his address. Each bid shall have thercon the affidavit of the bidder that such bid is genuine and ' not sham or collusive or made in the interest or behalf of any other person not therein named and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over any other bidder ' REQUEST FOR INTERPRETATION ' If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans, specifications, or other proposed contract documents, or finds discrepancies in, or omissions from the drawings or specifications, he may request the Engineer in writing, for an interpretation or correction thereof. The person submitting such a request shall be responsible for its prompt delivery All such interpretations of the contract documents will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or delivered to each person receiving a set of contract documents at his last address of record. The District will not be responsible for any other explanations or interpretations of the contract documents. RETURN OF RID SECURITY ' Any bidder may withdraw his bid, either personally, or by telegraphic or written request, at any time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to see that any such telegraphic or written request is delivered to the District Clerk prior to said closing time. Bid security of such bidders will be returned promptly to the bidder The bid security of the three lowest bidders will be retained until the contract is awarded, entered into and executed with the bidder of accepted bid, after which those will be returned to the respective bidders with whose proposal they accompanied. The bid security of all other bidders will be returned after the canvass of bids. The bid security of the bidder of accepted bid will be held by the District until the contract has been entered into, and the bonds accompanying the same are approved and filed, whereupon the said bid ' security will be returned to the bidder If the bidder fails or refuses to enter into contract to do the work,the bid security shall be forfeited to the District and shall be collected and paid to the General Fund of the District. LICENSE REQUIRED Contractor shall have a Class A or C42 license to perform this work. 1 '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 CMSD Project No. 129 Standard Specifications—2 of 8 the Counsel for the District. No proposal shall be considered binding upon the District until the execution of the contract by the District. ' ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT CLAIMS 1 In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 1 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties. MINED CONSTRUCTION MATERIAL CONTRACTOR warrants that it will not purchase mined construction material for PROJECT except from a mining operation that is currently identified in the list published pursuant to subdivision(b) of Section 2717 of the Public Resources Code. 2 3.1 SUBCONTRACTS:GENERAL The Engineer, as duly authorized officer may consent to Subcontractor substitution requested by ' the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code. 2-4 CONTRACT BONDS 1 The 'Faithful Performance Bond' and the 'Labor and Material Bond' shall both be one hundred percent (100%) of the contract price and shall be furnished on the District's standard forms. The Faithful 1 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 1 Engineer will provide the Contractor, free of charge, copies of plans and specifications that arc reasonably necessary for the execution of work. Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, for his general use. ' If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the contract. /MI scaled dimensions arc approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies. CMSD Project No. 129 Standard Specifications—3 of 8 2-9 1 PERMANENT SURVEY MARKERS ' Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monument, ties and benchmarks located within the limits of the work. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. ' Any ties, monuments and benchmarks disturbed during construction shall be reset per local agency standards after construction and the tie notes submitted to the appropriate governing agency on 8- 1/2' X 11 loose leaf paper The Contractor and his sureties shall be liable for, at his own expense, any resurvey required due to his negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls. Unless a separate bid item is provided, full compensation for conforming to the requirements of this sub-section shall be considered as included in the contract bid price paid for various other items of work and no additional compensation will be allowed. 2 11 INSPECTION The Contractor shall give at least 48 hours advance notice of time when he or his Subcontractor will start or resume the various units of operations of the work as per the contract,or resume the said units or operations when they have been suspended as per the contract. The above notice is to be given during working hours, exclusive of Saturday Sunday or holidays for the purpose of permitting the Engineer to make necessary assignments of his representative or ' inspector on the work. Any work performed in conflict with said notice without the presence or approval of the inspector, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for ' examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer or inspector on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment or final acceptance of work or exoneration of bonds shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alterations affecting the requirements and information given on the approved plans ' shall be in writing.No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing, as provided in the following paragraph, and as provided in Section 1670 of the Civil Code. If the Contractor considers any work demanded of him to be outside the requirements of the contract,or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair,he shall within 10 days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated,the ' Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions,rulings and decisions of the Engineer Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction,ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final CMSD Project No. 129 Standard Specifications—4 of 8 I ' decision, which shall be binding on all parties, unless with the 10 days thereafter the Contractor shall file with the Board of Directors a formal protest against said decision of the Engineer.The Board of Directors shall consider and render a final decision on any such protest within 30 days of receipt of same. 3-1 1 CHANGES REQUESTED BY THE CONTRACTOR.GENERAL 1 Engineer shall be the duly authorized officer to grant the changes prescribed in this section. 3-3.1 EXTRA WORK.GENERAL The extra work as defined in this section of Standard Specifications and any work done beyond the lines and grades shown on the plans shall only be performed when ordered in writing by the Engineer. hi absence of such written order any such work shall be considered unauthorized and will not be paid for Work so done may be ordered removed at the Contractor's expense. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the ' Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures.The Contractor will be required to submit for approval by the Engineer, a complete schedule showing the number of working days required to complete the project. 6-6.2 EXTENSIONS OF TIME In the event the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the Board of Directors shall have the right to increase the number ' of working days for completion or not,as may seem best to serve the interest of the District. Except for the delays beyond Contractor's control as described in Sections 5-5 and 6-6.1, the District shall have the right to charge the Contractor his heirs, assigns, or sureties and to deduct from the ' final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendent and other overhead expenses which are directly chargeable to the Contractor and which accrued during the period of such extensions except that the cost of the final services and preparation of the final estimates shall not be included in such charges. ' In addition to the above charges, Contractor shall pay to the District liquidated damages as specified in Section 6-9 for such delays. ' No extension of time for the completion of the work called for under the contract shall be allowed unless at least 20 days prior the the time fixed for the completion thereof, or the time fixed by the Board of Directors or its designee for such completion as extended, Contractor shall have filed application for extension thereof, in writing, with the Engineer addressed to the Board of Directors or its designee. In this 1 connection it is understood that the Engineer shall not transmit any such request to the Board or its designee if not filed within the time herein prescribed. ' 7-2 LABOR The Contractor shall comply with the provisions of Section 1770 to 1780, inclusive, of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations, State of California, which are filed with the Assistant Secretary of said District, and shall forfeit penalties prescribed therefore for noncompliance of said Code. Travel and subsistence payments shall be paid in accordance with Labor Code 1773.8 as defined in applicable collective bargaining agreements. In order to verify the compliance of said code, Contractor may be required by the District, from time to time, to furnish weekly for the duration of the contract period, copies of his payroll statements showing wages paid each employee during the preceding week and the employee work classification to CMSD Project No. 129 Standard Specifications—5 of 8 1 the Engineer for checking. Using Form DH-H-347 Payroll Statement of Compliance is an acceptable ' method of fulfilling the above requirement. APPRENTICES ' Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any Subcontractors under him shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, Ex-Officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7-3 LIABILITY INSURANCE ' The Contractor shall not commence work under his contract until he has obtained all insurance required under this heading in a company acceptable to the District, nor shall the Contractor allow any Subcontractor to commence work on his sub-contract until all insurance required of the Subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of the contract the following policies of insurance. a. Workman's compensation insurance to cover his employees as required by the Labor Code of the State of California, and the Contractor shall require all subcontractors similarly to provide such compensation insurance for all of the latter's employees. b. Public liability and property damage insurance on account of bodily injuries, including death ' resulting therefrom in the sum of $5,000,000. combined, single limit for any one accident which may arise from the operations of the Contractor in performing the work provided for herein. Each of the policies of insurance provided for shall contain a clause substantially in the following words: It is hereby understood and agreed that this policy may not be cancelled nor the amount of ' coverage thereof be reduced until ten days after receipt by the Engineer of a written notice of such cancellation or reduction in coverage, as evidenced by receipt of a registered letter. The insurance required to be provided herein shall be provided by a domestic carrier authorized to, and doing business in, the State of California and rated A+XI by Best Key Rating Guides--Property- Casualty and admitted for coverage in the State of California Insurance Guarantee Fund. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required herein, or present a certificate of insurance showing the issuance of such insurance. Contractor shall also provide an endorsement naming the District as an additional insured. ' 7 5 PERMITS Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. ' In the event that the agency has obtained permits, licenses or other authorization, applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. In the case the agency does procure any permits, it is understood that the agency is acting as an authorized agent for the contractor, and that the Contractor shall be solely responsible for all work performed under the permit. CMSD Project No. 129 Standard Specifications—6 of 8 ' 7-6 THE CONTRACTOR'S REPRESENTATIVE 1 Contractor shall also file with the Engineer the addresses and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress. Instructions and information given by the Engineer to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor. ' 7-8.1 CLEANUP AND DUST CONTROL All surplus materials shall be removed from the site of the work daily after completion of the work ' causing the surplus materials. Unless the construction dictates otherwise, and unless otherwise approved by the Engineer, Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each ' working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete. Failure of the Contractor to comply with the Engineer's dust control orders may result in an order to suspend work until the condition is corrected; and after filing notice to the Contractor, the Engineer 1 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. 1 7-8.5 TEMPORARY LIGHT POWER AND WATER The Contractor shall provide for his employees and adequate supply of clean potable drinking water, which shall be dispensed through approved sanitary facilities. 7 10 PUBLIC CONVENIENCE AND SAFETY ' The Contractor shall abide by the following publications which are hereby made a part of these specifications: a. The Work Area Traffic Control Handbook(WATCH). 1 b. The Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways. c. State Labor Code Sections 6704, 6706 and 6707 d. The Construction Safety Orders (CAL/OSHA). e. The General Industry Safety Orders(CAL/OSHA). f. Standard Specifications for Public Works Construction(The Green Book) CMSD Project No. 129 Standard Specifications—7 of 8 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 1 decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or contract for the work in relation to any such law ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. ' 9-3.1 PAYMENT GENERAL Contractor is reminded that the unit and lump sum prices shown in the proposal shall be full compensation for the items of work described in the proposal including all incidental, appurtenant, or related work and materials, whether or not mentioned or specified, required to deliver the final product shown on the plans. Contractor shall have examined the contract documents and site and shall include in his bid furnishing all materials, labor, equipment, tools, incidental, appurtenant, or related work to complete the job in order that no separate work or compensation is needed to complete the work. 9-3.2 PARTIAL AND FINAL PAYMENT The lead time for processing invoices for the monthly progress payment approved by the Engineer for inclusion on the warrant list of the District is governed by the rules and regulations established by the Board of Directors. Invoices for monthly payments shall be submitted to the Engineer no later than the 25th of each month. After completion of the contract, the Board shall, upon recommendation of the Engineer, accept the work as complete and authorize the final payment. ' The amount retained and deducted by the District shall be 5% of the progress estimates for all progress payments. The final payment of the retention amount to the Contractor shall be made 35 days from the date of the recording of the Notice of Completion of the work after it is accepted by the Board of ' Directors and shall be made on duly certified voucher therefore. It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract, except the final certificate of final payment, shall be conclusive evidence of full or substantial performance of this contract; and no payment shall be construed to be an acceptance of any defective work or improper material. ' The acceptance of final payment by the Contractor shall release the District, the Board of Directors and the Engineer from any and all claims or liabilities on account of work performed by the Contractor under the contract or any alterations thereof. 9-3.3 DELIVERED MATERIALS Materials delivered, but not in place,will not be classified as work done, except as otherwise provided in these specifications. 1 CMSD Project No. 129 Standard Specifications— 8 of 8 1 SPECIAL PROVISIONS BRISTOL STREET SEWER REPLACEMENT PHASE II Project No. 129 SECTION I. GENERAL SPECIFICATIONS All construction including materials, testing, and installation shall conform to the following specifications: I.1 Costa Mesa Sanitary District `Standard Plans and Specifications for the Construction of Sanitary Sewers' as last revised. I.2 Standard Specifications for Public Works Construction (SSPWC)latest edition, also referred to as the `Greenbook' iI.3 American Society of Test and Materials (ASTM)latest edition. ' SECTION H. PNEUMATIC PIPE BURSTING SEWER LINE REHABILITATION 1 A. GENERAL DESCRIPTION: This specification shall cover the rehabilitation of existing sanitary sewers using the GRUNDOCRACK ' PIPE BURSTING SYSTEM. Pipebursting is a system by which the pneumatic burster unit splits the existing pipe while simultaneously installing a new Polyethylene Pipe of the same size or larger size pipe where the old pipe existed, then reconnect existing sewer service house connections, television inspection of the pipe and complete the installation in accordance with the contract documents. Only Pneumatically operated equipment with rear expanders for the proper connection to the pipe will be allowed for use. The pneumatic tool must be used in conjunction with a constant tension/variable speed winch. The winch shall have twin cable pulling capstans with twin hydraulic drive motors and twin gear boxesfor independent operation of either 20, 10 or 5 tons. The size of the winch depends on the diameter of the pipe to be replaced. In no case is the constant tension on the winch to exceed 20 tons. B. QUALIFICATIONS: 1.) The contractor shall provide proof of training by the particular Pipe Bursting System Manufacturer that such a company is a fully trained user of the pipe bursting system. 2.)Polyethylene pipe jointing shall be performed by personnel trained in the use of butt-fusion equipment and recommended methods for new pipe connections. Personnel directly involved with installing the new pipe shall receive training in the proper methods for handling and installing the polyethylene pipe. ' Training shall be performed by qualified representative. 3.) The Contractor shall 'Hold Harmless' the District, in any legal action resulting from patent infringements. i 1 CMSD Project No. 129 Special Provisions— 1 of 9 1 ' C. SUBMITTALS. Submit the following Contractor's Drawings: 1 ) Shop drawings, catalog data, and manufacturer's technical data showing complete information on material composition, physical properties, and dimensions of new pipe and fittings. Include manufacturer s recommendations for handling, storage, and repair of pipe and fittings damaged. 2.)Method of construction and restoration of existing sewer service connections. This shall include: a.) Detail drawings and written descriptions of the entire construction procedure to install pipe, bypass sewage flow and reconnection of sewer service connections. ' 3.)Certification of workmen training for installing pipe. 4.)Television inspection reports and video tapes made after new pipe installation. D. DELIVERY STORAGE, AND HANDLING. ' 1 )Transport,handle, and store pipe and fittings as recommended by manufacturer. 2.) If new pipe and fittings become damaged before or during installation, it shall be repaired as recommended by the manufacturer or replaced as required by the Engineer at the Contractor's expense, ' before proceeding further 3.)Deliver, store and handle other materials as required to prevent damage. ' E.METHODS FOR NEW PIPE INSTALLATION: The method approved for rehabilitation of existing sewer mains by pipe bursting and installation of new polyethylene pipe is TT Technologies GRUNDOCRACK SYSTEMS,(800-533-2078)or approved equal. The contractor to obtain the list of closest trained contractors that are licensed by Advantica ' Technologies. F MATERIALS. ' Polyethylene Plastic Pipe shall be high density polyethylene pipe and meet the applicable requirements of ASTM F714 Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter, ASTM D1248, ASTM D3350. 1 ) Sizes of the insertions to be used shall be such to renew the sewer to its original or greater than flow ' capacity 2.) All pipes shall be made of virgin material. No rework except that obtained from the manufacturer's own production of the same formulation shall be used. ' 3.)The pipe shall be homogenous throughout and shall be free of visible cracks, holes, foreign material, blisters, or other deleterious faults. 4.)High Density Polyethylene Pipe(HDPE) manufacturers recommend minimum wall thickness of SDR 17 for pipe bursting installations. ' 5 ) Material color shall be white, black or whatever is specified with interior of pipe having a light reflective color to allow easier/better viewing for television inspection. 6.) Other pipe materials may be considered, the pipe bursting equipment manufacturer shall be consulted for feasibility F 1 TESTS: ' Tests for compliance with this specification shall be made as specific herein and in accordance with the applicable ASTM Specification. A certificate with this specification shall be furnished, upon request, by the manufacturer for all material ' furnished under this specification. Polyethylene plastic pipe and fittings may be rejected to meet any requirements of this specification. ' G. EQUIPMENT The pipe bursting tool shall be designed and manufactured to force its way through existing pipe materials by fragmenting the pipe and compressing the old pipe sections into the surrounding soil as it progresses. The bursting unit shall be pneumatic and shall generate sufficient force to burst and compact the existing CMSD Project No. 129 Special Provisions—2 of 9 pipe line. See manufacturers specifications for what size tool should be used in what diameter of pipe, as well as parameters of what size tool for percentage of upsize allowed. The pipe bursting tool shall be pulled through the sewer by a winch located at the either upstream or downstream manhole. The bursting unit shall pull the polyethylene pipe with it as it moves forward. The bursting head shall incorporate a shield/expander to prevent collapse of the hole ahead of the PE pipe I insertion. The pipe bursting unit shall be remotely controlled. The pipe bursting tool shall be pneumatic. The bursting action of the tool shall increase the external dimensions sufficiently causing breakage of the pipe at the same time expanding the surrounding ground. ' This action shall not only break the pipe but also create the void into which the burster can be winched and enables forward progress to be made. At the same time the polyethylene pipe, directly attached to the expander on the rear of the burster, shall also move forward. The burster shall have its own forward momentum while being assisted by winching. A hydraulic winch 1 shall give the burster friction by which it can be move forward. To form a complete operating system, the burster must be matched to a constant tension hydraulic winching system. ' G.1 WINCH UNIT A winch shall be attached to the front of the bursting unit, connecting to or through the advanced guide head technology The winch shall provide a constant tension to the burster in order that it may operate in ' an efficient manner. The winch shall have twin capstan with twin hydraulic drive motors and twin gear boxes for independent operation. The winch shall be hydraulically operated providing a constant tension throughout the operation. The winch shall be of the constant tension type but shall be fitted with a direct reading load gauge to measure ' the winching load. The winch must automatically maintain a constant tension at a set tonnage reading. The constant tension winch shall supply sufficient cable in one continuous length so that the pull may be ' continuous between approved winching points. The winch, cable and cable drum must be provided with safety cage and supports so that it may be operated safely without injury to persons or property The contractor shall provide a system of guide pulleys and bracing at the exit pit to minimize cable contact with the existing line between launch and exit pits. The supports to the trench shoring in the insertion pit shall remain completely separate from the winch boom support system and shall be so designed that neither the pipe nor the winch cable shall be in contact with them. The winch shall have twin capstan with twin hydraulic drive motors and twin gear boxes for independent operation. In no case shall the winch cable storage spool be considered part of the twin capstan pulling system. H. SEWER SERVICE CONNECTIONS: a.) All sewer service connections shall be identified and located prior to the pipe insertion to expedite reconnection. Upon commencement, pipe insertion shall be continuous and without interruption from one manhole to another except as approved by the engineer and/or his representative. Upon completion of insertion of the new pipe, the contractor shall expedite the reconnection of services so as to minimize any inconvenience to the customers. b.) Sewer service connections shall be connected to the new pipe by various methods. The saddles should be made of a material compatible with that of the pipe. Fusion of saddle connection to the main is the only means of assuring complete leak free joint is obtained. ' 1 ) Electrofusion saddles as manufactured by Central Plastics or approved equal, shall be installed in accordance with the manufactures recommended procedures. 2.)Conventional Fusion saddles as manufactured by Central Plastics, Phillips Driscopipe, or Plexco shall be installed in accordance with the manufacturers recommended procedures. CMSD Project No. 129 Special Provisions—3 of 9 ' *TYPES AVAILABLE FOR ALL MAINLINES: TYPES GASKETI'ED BELL SDR 35 GASKETTED BELL IPS/SCH 40 ' PVC Hub ASTM D3034 SDR35 ASTM D3034 SDR 26 Rubber Boot _ ASTM C443 ASTM C443 Band 301 SS 301 SS Screw 305 SS 305 SS Housing 101 SS 301 SS Gasket ASTM F477 ASTM F477 ' PREPARATION I.)BYPASSING SEWAGE: ' 1 )By-Pass Pumping:The Contractor,when and where required, shall provide diversion for the pipe bursting/replacement process. The pumps and by-pass lines shall be of adequate capacity and size to handle all flows. All costs for by-pass pumping, required during installation of the pipe shall be subsidiary to the pipe reconstruction item. 2.)The Contractor shall be responsible for continuity of sanitary sewer service to each facility connected to the section of sewer during the execution of the work. ' 3.) If sewage backup occurs and enters buildings, the Contractor shall be responsible for clean-up, repair, property damage cost and claims. J.)TELEVISION INSPECTION: ' Television inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by closed circuit color television. Television inspection shall include the following. ' 1 ) Video tapes (post) to be submitted to the District before final invoice, and(pre) to be submitted prior to pipe bursting. Normal pipe bursting practice includes video taping and evaluation of the existing pipe during the design phase of the project or prior to commencement of pipe bursting operations. 2.)Video tapes to remain property of the District; Contractor to retain second copy for his use. ' 3.)All flows tributary to reach of sewer being inspected are to be completely by-passed around the reach during inspection if necessary and required by the District. 4.)Post construction video tape upon completion of reconstruction of each reach of sewer with the voice ' description, as appropriate with stationing of services indicated. Data and stationing to be on video. 5.) Should any portion of the inspection tapes be of inadequate quality or coverage, as determined by the District the Contractor will have the portion re-inspected and video taped at no additional expense to the District. K.)CONSTRUCTION METHOD. 1 ) Equipment used to perform the work shall be located away from buildings so as not to create noise ' impact. Provide a silent engine compartment with the winch to reduce machine noise as required to meet local requirements. 2.) The Contractor shall install all pulleys, rollers, bumpers, alignment control devices and other ' equipment required to protect existing manholes, and to protect the pipe from damage during installation. Lubrication may be used as recommended by the manufacturer Under no circumstances will the pipe be stressed beyond its elastic limit. Winch line is to be centered in pipe to be burst with adjustable boom. 3.)The installed pipe shall be allowed the manufacturers recommended amount of time, but not less than ' four (4) hours, for cooling and relaxation due to tensile stressing prior to any reconnection of service lines, sealing of the annulus or backfilling of the insertion pit. Sufficient excess length of new pipe, but not less than four (4) inches, shall be allowed to protrude into the manhole to provide for occurrence. Restraint of pipe ends shall be achieved by means of Central Plastics Electrofusion couplings (800)654- CMSD Project No. 129 Special Provisions—4 of 9 3872. The Electrofusion couplings shall be slipped over pipe ends against manhole wall and fused in ' place. Installation of Electrofusion couplings shall be done in accordance with the manufacturers recommended procedures. 4.)Following the relaxation period, the annular space may be sealed. Sealing shall be made with material approved by the Engineer and/or his representative and shall extend a minimum of eight (8) inches into ' the manhole wall in such a manner as to form a smooth, uniform,watertight joint. The terminating pipe ends in manholes shall be connected by Central Plastics Electrofusion couplings to eliminate ground water infiltration. Installations of Electrofusion couplings shall be done in accordance with the manufacturers recommended procedures. 5 )Launch and Receiving Excavations: Launch pits need to be long enough to properly align the bursting tool with the existing pipe and to allow the HDPE pipe to make a graceful 'S Bend out of the pit and transition to the street above. A good rule of thumb to use is to multiply the depth of the existing pipe by a factor of 4. The product is an approximate minimum launch pit length. Example: Existing pipe is 8' deep; S'depth x 4=32'launch pit length. ' Receiving pits need to be long enough to easily remove the bursting tool/expander combination leaving a couple of feet of the I-IDPE pipe to work with. 5.1.Windowing Method Up to 12' diameter PE pipe, the Contractor shall use the 'windowing method where necessary, to prevent damage to surrounding infrastructure. This method is described in T T Technologies,Inc.'s 'Pipe Bursting Operation Manual' Both entrance and exit procedures may be conducted. Underground utility locates must be performed prior to determining the necessity and feasibility of the ' 'windowing' method. 5.2. Tool Removal Back to Starting Pipe via Being Pulled Back Out of the newly Installed PE Pipe Contractor shall use the GRUNDOCRACK PCG System when an exit pit is difficult due to underground ' utility placement or surrounding infrastructure. The PCG System uses a pneumatic tool with a special head expander. The PCG tool also uses a remote controlled reverse procedure to allow reversing the GRUNDOCRACK tool for removal back through the newly installed HDPE. In all cases, the tool must have the ability to operate in reverse to prevent damage to the HDPE during removal ' 5.3. Service Connections Excavations for laterals should be to depth of 1 foot below the lateral. This will help to prevent uneven expansion of the soil by the bursting tool. This will avoid creating a hump in the new pipe at lateral ' connections. In some soil conditions, it will be important to only dig the lateral to the invert of the host pipe. This will help to prevent creating sags at lateral connections. These are usually lateral connections where leakage has been occurring for some time causing the soil to be softer than the rest of the pipeline. 1 L.)FIELD TESTING. I ) After the existing sewer is completely replaced, internally inspect with television camera and video tape as required. The fmished tape shall be continuous over the entire length of the sewer between two ' manholes to be free from visual defects. 2.)Defects which may affect the integrity or strength of the pipe in the opinion of the Engineer shall be repaired or the pipe replaced at the Contractor's expense. M.)PIPE JOINING: 1 ) The polyethylene pipe shall be assembled and joined at the site using the butt—fusion method to provide a leak proof joint. Threaded or solvent—cement joints and connections are not permitted. All equipment and procedures used shall be used in strict compliance with the manufacturer's recommendations. Fusing shall be accomplished by personnel certified as fusion technicians by a manufacturer of ' polyethylene pipe and/or fusing equipment. 2.) The butt-fused joint shall be true alignment and shall have uniform rollback beads resulting from the use of proper temperature and pressure. The joint shall be allowed adequate cooling time before removal of pressure. The fused joint shall be watertight and shall have tensile strength equal to that of the pipe. All ' joints shall be subject to acceptance by the engineer and/or his representative prior to insertion. CMSD Project No. 129 Special Provisions–5 of 9 All defective joints shall be cut out and replaced at no cost to the District. Any section of the pipe with a ' gash, blister, abrasion, nick, scar, or other deleterious fault greater in depth than ten percent(10%) of the wall thickness, shall not be used and must be removed from the site. However, a defective area of the pipe may be cut out and the joint fused in accordance with the procedures stated above. In addition, any section of the pipe having other defects such as concentrated ridges, discoloration, excessive spot ' roughness, pitting, variable wall thickness or any other defect of manufacturing or handling as determined by the Engineer and/or his representative shall be discarded and not used. 3.) Terminal sections of pipe that are joined within the insertion pit shall be connected with Central ' Plastics Electrofusion Couplings or connectors with tensile strength equivalent to that of the pipe being joined. N.)MEASUREMENT AND PAYMENT ' 1 )The inserted pipe shall be paid for per linear foot of the size pipe specified and shall include all pipe bedding, backfill material, annulus sealing material and launching pits. Locating and reconstruction of services and all reconnections of services shall be paid for per each connection made, including fittings and pipe. 2.)The work performed as prescribed by this item will be paid at the unit price per linear foot of sanitary sewer by pipe bursting/replacement for the specified pipe diameter and location, per each for 'Locate, ' reconstruct and reconnect' for the specified pipe diameter, which price shall be full compensation for the installation of the new pipe, furnishing and placing of all materials, labor, tools, equipment, cleaning, and preparation of the existing pipe to receive the new liner,and any other necessary to complete the project. 3.)Video inspection of final installed pipe shall be paid based on the cost per linear feet to T V the entire ' length of new pipe. 4.) The cost of any necessary by-pass pumping shall be considered subsidiary to the cost of pipe installation and shall not be a separate pay item. ' SECTION III. STATIC PIPE BURSTING SEWER LINE REHABILITATION ' 111.1 DESCRIPTION This section addresses the procedures to be employed for rehabilitation or replacing existing sewer pipelines by pipe bursting as identified on the drawings,and replacing with new pipe. 111.2 QUALIFICATIONS 2.1 The contractor shall be trained by TT Technologies to operate GRUNDOBIRST pipe bursting equipment and systems. The contractor shall provide proof of training and proficiency ' in the use of the equipment. Only the contractor's employees trained by TT Technologies shall operate the GRUNDOBURST equipment. 2.2 The contractor shall be trained by the respective manufacturer of the pipe bursting equipment in the use of that machinery The contractor shall provide proof from the manufacturer that the contractor has been trained and is proficient in the use of the equipment. Only the contractor's employees trained and certified by the manufacturer shall be allowed to operate the equipment during the project. 2.3 The contractor must have successfully completed 1,500 feet of pipe bursting which includes one successful static pipe bursting project. Contractor shall submit a list of these projects including the owner,engineer, addresses,phone numbers and dates that said projects were completed with their proposal. Or,the contractor shall submit with bid documents proof that they will use manufactures equipment and technical support for project start up. CMSD Project No. 129 Special Provisions—6 of 9 I I 111.3 METHODS I The method approved for rehabilitation of existing sanitary sewers by pipe bursting and installation of new polyethylene pipe is TT Technologies, Inc. GRUNDOBURST system, (800)533-2078)or approved equal. The contractor shall be trained to use the required technology proposed for this work. Bids, Isubmitted by untrained or inexperienced contractors,will be non-responsive and not allowed. 111.4 EQUIPMENT I 4.1 Pipe bursting tool shall be static and hydraulically operated. The bursting action of the tool shall increase the external dimensions sufficiently causing pitting and breakage of the pipe at the same time expanding the surrounding ground. This action shall not only break the pipe, but also create the temporary void into which the burster can be statically pulled which enables ' forward progress to be made. Simultaneously the new polyethylene pipe, directly attached to the expander, shall also move forward. I 4.2 The static pulling frame shall be telescopic in design to allow the cutting head to release at the termination of the pull. This also provides minimal trench length by telescopic adjustment. I 4.3 Quick lock bursting rods are required to guarantee snap lock connections. Quick Lock rods also stabilize cutting wheels at a 90°plane to invert pipe. Threaded bursting rods are not allowed. This insures the same cutting location eliminating threaded rod failures and turning of Irods which effect cutting ability of blades. 4.4 The unit must maintain automatic thrust and pull back. I4.5 The static unit is capable of pipe bursting in two directions from the same excavation. I 111.5 SUBMITTALS 5.1 Submit manufacturer's specific technical data with complete information on physical properties of pipe and pipe dimensions pertinent to this job. A certificate of"Compliance Iwith Specification' or suitable alternative shall be furnished for all materials to be supplied. 5.2 Complete calculations including lists of parameters, all formulas and all other data showing the design of the new pipe. I5.3 Detail drawings and written descriptions of the entire construction procedure to install pipe,bypass sewage flow pit sizes,pit construction and shoring, dewatering and Isewer service reconnections. 111.6 MATERIALS IThe pipe bursting manufacturer should be contacted for feasibitlity of using various new pipe materials. 6.1 All pipe shall be made of virgin material.No rcwork except that obtained from the I manufacture's own production of the same formulation shall be used. 6.2 The pipe shall be homogenous throughout and shall be free of visible cracks, holes, foreign material, blisters or other deleterious faults. I6.3 Dimension Ratios:The minimum wall thickness of the polyethylene pipe shall meet Minimum 17 SDR of Pipe. I6.4 Material color shall be white,black or as specified by the engineer. CMSD Project No. 129 Special Provisions—7 of 9 I I 111.7 EXECUTION IContractor to provide a construction plan and schedule consistent with Standard construction and Pipe Bursting Good Practices I111.8 SAFETY The contractor shall carry out operations in strict accordance with all applicable OSHA Standards. I Particular attention is drawn to those safety requirements involving work entry into confined spaces. It shall be the contractor's responsibility to familiarize and its employees with OSHA Standards and regulations pertaining to all aspects of the work. I111.9 INSERTION AND RECEIVING EXCAVATIONS 9 1 The location and number of insertion and receiving excavations shall be planned by ' the contractor and submitted in writing for approval by the Engineer 10 days(or as determined by the Engineer)prior to excavation. 9.2 Before excavation is begun, it will be the responsibility of the contractor to check with I the various utility companies and determine the location of existing utilities in the vicinity of the work area.The contractor at no cost to the District, if required, will arrange temporary construction easement and/or right-of-way areas. 1 9.3 Damage to utilities and the resulting repair, temporary service cost,etc. shall be borne by the contractor. Access pits shall be backfilled in accordance with the appropriate specifications. ' 9 4 All excavations shall be properly sheetedlshored in accordance with relevant specifications for trench safety systems. Any damage resulting from improperly shored excavations shall be corrected to the satisfaction of the Engineer with no compensation due to ' the contractor 9.5 All open excavations shall be kept secure at all times by the use of barricades with appropriate lights and signs,construction tape, covering with steel plates, etc. or as Idirected by the Engineer 9 6 One or more receiving pits shall be excavated at the end(s)of the sewer pipe to be I replaced or at appropriate points within the length of the existing pipe. Pit shall be centered over the existing pipe. 9 7 The number of pits for machine and pipe insertion shall be the minimum necessary to I most efficiently accomplish the work. The contractor shall give consideration to the use of excavation required for other purposes such as for sanitary sewer service reconnections and manhole replacement. ' 9.8 Where manholes are used as machine or new pipe insertion pits, the contractor shall identify such manholes and replace them at no additional cost to the District if damaged. Any manhole modification or replacement required shall be considered incidental to the installation ' of the new pipe. 9.9 The cost of diversion pumping around a manhole or insertion pit, if required, from a I manhole upstream to a manhole downstream, shall be incidental to the installation of the new pipe. CMSD Project No. 129 Special Provisions—8 of 9 III.10 TELEVISION INSPECTION: ' Television inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by closed circuit color television. Television inspection shall include the following: ' 1 )Video tapes (post) to be submitted to the District before final invoice, and(pre) to be submitted prior to pipe bursting. Normal pipe bursting practice includes video taping and evaluation of the existing pipe during the design phase of the project or prior to commencement of pipe bursting operations. 2.)Video tapes to remain property of the District; Contractor to retain second copy for his use. ' 3.)All flows tributary to reach of sewer being inspected are to be completely by-passed around the reach during inspection if necessary and required by the District. 4.)Post construction video tape upon completion of reconstruction of each reach of sewer with the voice ' description, as appropriate with stationing of services indicated. Data and stationing to be on video. 5 ) Should any portion of the inspection tapes be of inadequate quality or coverage, as determined by the District the Contractor will have the portion re-inspected and video taped at no additional expense to the District. 111.11 MEASUREMENT AND PAYMENT 11.1.1 Payment for the work in this section will lump sum or as stipulated in the contract documents. The price for replacing the sewer pipes by pipe bursting shall be full compensation for all materials, labor, equipment, cost of insertions and retrieval pits,machine pits, pavement removal and replacement, testing, and incidentals required to complete the replacement process. ' SECTION IV. HIGH DENSITY POLYETHYLENE (ROPE) 1 1.1 Contractor shall furnish and install complete sewer pipe to the limits shown on the Plans including appurtenant connections in conformance with manufacturer's installation requirements and compliance with applicable construction safety codes and standards. ' 1.2 Acceptable manufacturers include: JMM Manufacture or approved equal. ' 1.3 High Density Polyethylene (I-IDPE) pipe and fittings shall be constructed to the following specifications: ' Size 4'-63' Type DR Standard(if applicable) IPS/DIPS 7-41 ASTM F714, AWWA 906,NSF SECTION V. WARRANTY AND SHOP DRAWINGS ' The Contractor shall guarantee all materials to be new and all materials and workmanship to be free from defects for a period of one year from the date of written acceptance of the completed work by the Board of Directors of the Costa Mesa Sanitary District. The Contractor shall provide three(3)copies of shop drawings including catalog data, installation instructions, and certificates of compliance prior to purchasing or installing any materials. I CMSD Project No. 129 Special Provisions—9 of 9 1 GEO-ETKA, INC 1 . Established 1965 !v Soil Engineering Geology and Environmental Engineering I � % Material Testing and Inspections tt r- 739 N.Main Street,Orange,CA 92868 Phone(714)771.6911 Fax(714)771 4278•Email;geoetka@aol.com 1 FOUNDATION SOILS EXPLORATION AND PAVEMENT DESIGN RECOMMENDATION I t AT Project # 129 ' Southeast Bristol Street, between Campus Drive and Birch Street ' Newport Beach, California 1 t FOR ' Costa Mesa Sanitary District 628 West 19th Street ' Costa Mesa, California 92627 Date: August 9, 2011 Job No: FR-11211 11 1 I I IGEO-ETKA, INC. Job No: FR-11211 11 I ITABLE OF CONTENTS IDESCRIPTION PAGE NO. Scope. 1 I Proposed Construction, 1 ISite Condition. 1 Soil Condition. 1 IExploration. 2 Laboratory Testing. 2 IConclusions. 3 Suitability of the Project. 3 I Strength Characteristics. 4 Expansion Potential. 4 Sand Equivalency Test Results. 4 IResistance "R"Value. 4 Recommendations. 4 I Bearing Values 4 Earth Pressure. 4 Pavement Design. 5 Excavation and Temporary Shoring. 5 I Demolition 6 Grading 6 I I I I I GEO-ETKA, INC. Job No: FR-11211-11 DESCRIPTION ' PLATES Plot Plan A Boring Logs "B-1 and "B-2" Shear Curve "C" Consolidation Curves 'D-1 and 'D-2" ' Resistance `R Value "R" Typical Temporary Excavation Detail 'TIED" ' APPENDICES tI Soil Classification and Sampler II Limitations 1 1 1 ' II GEO-ETKA,INC. Job No: FR•11211-11 Scope This report presents the results of our Foundation Soils Exploration and Pavement Design Recommendations of the site of the proposed replacement of sewer line located at Project #129 Southeast Bristol Street between Campus Drive and Birch Street, ' Newport Beach California. The physical location and approximate dimensions of the site are shown on the ' attached Plot Plan, Plate A This plans accuracy is as good as was submitted to our office, for dimension of the property use plans by surveyors or civil engineers. An investigation was authorized to determine the existing soil conditions at the site and t to provide data and specific recommendations relative to the installation of the new sewer line in accordance with our proposal dated 5-20-10 and agreement dated 12 13- 10. ' Refer to Appendix II for an explanation of the limitations inherent in the field. ' Proposed Construction Proposed plans are to replace the existing 12 feet deep sewer line with a new line as shown on Plate A The area disturbed by the construction phase will be repaved. ' This report is prepared for the client/owner the project engineers and the governing agencies. Use of its contents by third parties will be at their own risk. ' Chemical testing for detection of hydrocarbons or other potential contaminants is beyond the scope of this report. Environmental assessment is not a part of the work ' undertaken. Site Condition ' The site of the existing sewer line has a level surface. It is located along the south side of Bristol Street between Campus Drive and Birch Street. ' With reference to the site investigated, all 4 of the contiguous properties are at the same elevation as the subject area. Controlled drainage is provided for the thoroughfare. 1 Soil Condition ' The on site soil is composed of layers of clayey sand supported by silty sand extending to the depth of the boring's 20 feet. Note that soil variations in soil type may occur between the borings. For a detailed soil classification refer to logs of the borings, Plates "B-1 and "B-2' t1 I ' GEO-ETKA, INC. Job No: FR-11211-11 ' Soil Condition fcont'dj No ground water was noted; however some of the soils are moist and may need to be dried or substituted with drier imported sandy materials. The moisture in boring 2 is in the range of 30 to 60%. ' Man-placed fill was encountered during the course of the field investigation. All fill found irrespective of depth or lateral extent must be removed and replaced as compacted soil. ' Exploration The subsurface was explored by drilling 2 borings, 6 inches in diameter to a depth of 20 ' feet below the existing ground surface. The borings were placed in strategic locations where the major structure is to be constructed in a manner to determine the subsurface conditions. Approximate locations of the borings are shown on the attached Plot Plan, ' Plate A All of the borings were logged by our soils technician. Samples of both undisturbed and disturbed soils encountered were obtained for laboratory testing and observation. Logs ' of the borings are shown on Plates 'B-1 and 'B-2" The soils are classified in accordance with the Unified Soil Classification System described on an attached Plate. ' This Plate also shows the type of sampler used in obtaining undisturbed samples. Laboratory Testing ' The field moisture content and dry densities of the soils encountered were determined by performing tests on the undisturbed samples in accordance with ASTM Test Method ' D-2216-05. The results of these tests are shown on the Logs of Borings, Plates 'B-1" and 'B-2' Density and field moisture information is useful as indicators of the nature and quality of the material. ' Direct shear tests were performed on selected, undisturbed samples of the soils in order to determine the strengths and supporting capacities of the soils in accordance with ASTM Test Method D-3080-04. The method of performing these tests is to saturate ' the sample, to extrude the sample into the test apparatus, to apply the normal load, and than to allow sufficient time to elapse to dissipate any excess hydrostatic pressure. The sample is then subjected to a strain-controlled single plane shear test. The method of ' applying the normal and shearing load is such as to allow the sample to change in volume without producing an associated change in the normal stress. The shearing stress is measured at a constant rate of strain of approximately 0.05 inches per minute. ' 2 GEO-ETKA, INC. Job No: FR-11211-11 Laboratory Testing (cont'd) 1 Selected samples of soil were tested at confining pressures similar to those of the materials in-situ. Additional specimens from the same samples were also tested at ' increased normal pressures in order to determine the increase in shear strengths associated with increased inter-granular pressure. The test results are plotted graphically on Plate "C" The resulting values are as follows: Angle of Internal Cohesion Soil Tvae Friction (degreesl (p.s.f.) ' Silty sand 25 85 Silty sand 28'/, 30 Consolidation tests were performed on saturated specimens of the typical foundations soils in accordance with ASTM Test Method 13-2435-04. Consolidometers are designed to receive the undisturbed soil samples and brass rings in the field condition. Porous stones placed at the top and bottom of each specimen permit free flow of water into or from the specimen during the test. Successive load increments were applied to the top of the specimen and progressive and final settlements under each increment were recorded to an accuracy of 0.0001 inch. The final settlements so obtained are plotted to determine curves shown on Plates 'D-1" and "D-2' CONCLUSIONS ' Suitability of the Project ' The site is suitable for its intended use namely replacement of the existing 8 inch diameter 12 feet deep sewer line. In designing the proposed sewer the criteria given in the design section should be adhered to. ' A) The construction of this project will not affect the stability of the surrounding structures, such as walls, electric poles, etc. provided all precautions needed are followed. ' B) The latest applicable unified building code is to be followed as required. ' C) This report is subject to approval by the governing agencies. ' 3 1 GEO-ETKA, INC. Job No: FR-11211-11 1 Strength Characteristics The load bearing soils possess strength parameters adequate to support the proposed construction. Expansion Potential The on site surficial soil is classified as moderately expansive with an expansion index ' of 62 as per 2007 CBC/ASTM D-4829-03. Sand Equivalency Test Results Sample Location Sand Equivalent (SEI Remark Boring 1 @ 15' 4 None of the samples are acceptable for Boring 1 @ 20' 3 jetting, if the native is used for backfill,it Boring 2 @ 15' 15 must be compacted, and tested to 90% ' Boring 2 @ 20' 21 Resistance 'R" Value ' Resistance "R' Value Criteria is presented on Plate 'R" ' RECOMMENDATIONS Bearing Value ' A bearing value of 1,500 p.s.f. may be used. The above bearing values may be increased '/ when resisting loads caused by wind or seismic forces, providing the resultant size is not less than that obtained with dead load and live load only ' Earth Pressures Lateral loads will be resisted by the friction between the sub-grade as well as the passive resistance of the soils. A coefficient of friction of 0.35 may be used between ' slabs, footings and sub-grade. The passive resistance of the soil may be taken to be 240 p.c.f. of E.F.P ' The active lateral soil pressure may be taken as 45 p.c.f. of E.F.P 4 GEO-ETKA, INC. Job No: FR-11211-11 Pavement Design Based on the test results, the design sections for Bristol Street are given below and should be approved or amended as necessary by the city prior to construction. Asphalt Base rock ' Paving Thickness Use In inches In inches Bristol Street 6 7 ' The city may require the new pavement to match existing thicknesses as encountered in the field. ' Excavation and Temporary Shoring Excavations on the order of 12 to14 feet will be required for the proposed sewer-line ' replacement at the subject site. Temporary excavations up to a height of 5 feet can be cut vertically If space is available un-shored excavations in excess of 5 feet must be must be laid back at a minimum slope of 1.5:1 :H:V (above 5 feet). See attached Plate "TIED" Where there is insufficient room for sloped excavations, mechanical shoring plates ' (standard city specifications may be used). We recommend that Geo-Etka, Inc. observe the excavations and shoring installation, so that necessary modifications based on variations in the soil conditions can be made. Applicable safety requirements and regulations, including OSHA regulations, should be met. All groundwater was not ' encountered during the current investigations in the area of the proposed excavations. Caving was not noted in the borings performed; however the chances of caving will increase within larger scale excavations and should be anticipated in particularly granular material. ' 5 1 GEO-ETKA, INC. Job No: FR-11211-11 ' Demolition Special note should be taken during the grading so as to locate all underground items, ' e.g. pipe, conduit, storage tanks, septic tanks, cesspools or leach lines, water wells, irrigation pipe, etc. Any septic tank found should be removed from the site. Any seepage pit or cesspool found shall be pumped dry and filled with 2- sack slurry ' concrete. The top and sides should be broken and removed if they are within 5 feet of finished grade. If a water-well is found it shall be cut off and capped, 5 feet below finished grade. ' Any metal pipe found shall be excavated and cleared from the site. Any vitrified clay leaching lines may be broken in place. ' All cavities should be cut in a 'V' shape so that compaction equipment will not bridge during grading which should be conducted in the manner noted below. ' It is recommended that the demolition be observed so as to prevent debris from remaining on or being buried on site. The demolition of the below grade items such as pipes and tree root systems must be checked by the soil engineer or his representative. ' Grading Prior to the controlled grading operations, the construction area should be stripped of all ' vegetation that is present and the debris removed from the site or stockpiled and mulched for later use in the planter areas. ' All disturbed soil from demolition process, loose, porous, soft and fill soil found during grading must be removed to firm native soil and replaced as compacted soil at 90%. During the course of grading operations, if pumping occurs it is advisable to bridge the ' bottom with a crushed or angular 1-inch rock layer at least 2 feet thick. Note that in no case should crushed miscellaneous base or washed rounded rock be utilized. A sieve analysis must be run by this office prior to import. The densification of the rock should be observed/probed and approved by a representative of this office; in such cases lightweight track equipment is recommended. 1 t 6 1 GEO-ETKA, INC. Job No: FR 11211-11 1 ' Grading (cont'd). ' A moderate amount of grading is anticipated in the development of this site, with upto 14 feet of trench depth to be backfilled upon installation of the new sewer ' It is recommended that all surface which is loose that will support patio, sidewalk slabs, or asphalt concrete paving, and all surface which will receive fill or backlit!, be scarified to a depth of 8 inches, watered or dried to near Optimum Moisture Content and re- compacted to a minimum of 90%. Where fill or backfill is required, it should be placed in a maximum of 6-inch loose layers and each layer compacted at near Optimum Moisture Content to at least 90% compaction. Clean on site soils may be utilized as fill material. Imported fill soil should be predominantly granular non-expansive and capable of developing the bearing strength required for the project. All import soil must be approved by this office prior to ' bringing to the site. All utility trenches backfilled should be tested at a maximum of 2 feet in vertical height. The City of Costa Mesa (CMSD) Newport Beach standard specifications for trench backfill inclusive of bedding material is acceptable and are a part of this report. Compaction Standard: A.S.T.M. D-1557-02. Water-soluble sulphate content will be determined at the conclusion of the grading if requested by the client or required by the approving agencies. ' If required by the approving agency Expansion Index Test will be run at the time of rough grading. ' A grading and a sewer plan should be submitted to this office prior to starting the grading. A pre-grade meeting is required in accordance with the City of Newport Beach ' in conjunction with the City of Costa Mesa grading code. In order for us to provide better service, a minimum of 48 hours notice should be provided to schedule or cancel any geo-technical work. 1 GEO-ETKA, INC should be retained to observe all grading operations and the required testing for implementing the recommendations of this report. If a change in the ' consultants occur Geo-Etka, Inc. must be notified in writing and all liability will shift to the client and his consultants of record. 1 7 i GEO-ETKA,INC. Job No: FR-11211-11 t ' Grading (conYdl If conditions are encountered during the design, approval by the governing agencies, and/or the construction period that appear to be contrary to the findings of this report, this office must be notified so that proper modifications may be made. Respectfully submitted, GEO-ETKA, INC. Ghayas A. Khan, -.E. Civil Engineer C-38344 Expires 3-31 13ip ' NkA Ahmed Ali, President REA No. 04808 Expires 6-30-12 GAKIAA/bg 8 I I A 1 , j• .14 . • ; Zar--1- . • I --.---..:_j. 511- I el el I IL - el el _7=7.22nett ik , N 0 1 i'l \t. 141r-- • CJ el Z el I-4 I 1-Li ' 1: Irk: • lb . C4 •. C.--.) IA 1 - ..11 AI 1. 1000 4 . 10 hi" irjrn 1.1 — g 1 I i:1 i.:11,1Th I M g w 0 0— +11 . • ! -----, •1.1 . Lb 1,1.•L; i• b A t•di u...i 0 1 it i ii ii. Ilt il g ,f. s • M 0 l'''i cr 0 il.hl fl 4U Ph 1,111f II tn In al I III 1 IL il .11 1. * I 1 11111110. Et I 1 .1 11 I ill ll , F- iji 1 i'l ililil' 3:= i.::! l tikki:3;In 1 1 ' ili PI: . I -7 1::: {11[ 'dI[11. 1 I - tt it < 111111110 11111 di —77-7 I —.) I • .;1L11 WI 4)H-it .44 a. 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F k I IGEO-ETKA, INC JOB NO FR-11211-11 ' PLATE "B-1 ' Boring One Percent Dry Classification Moisture Density O AC A 6^ ASPB PAVEMENT. oY AB t 12" e`IX A(YRSCAn BASE. 1• SC BROWN FINE TO MUM, CLAM SAND, M IDIMELY r a MOIST, SLIGHTLY FILM, "FILL I .., . •• ".1i1 Sig REMISE BROWN, SITT, FIRE 10 MEDIUM SAND, 16.1 106.4 S -; ,;•. ,•,; )ODERATELY MOIST, SLIGHTLY DENSE, "NATIVE^ I • ' I,' •;f ,•j.).i 94 (RAY, MEDIMn 10 COARSE, sn.rl SAND, MOD�ATELY ' • `,••. MOIST, SLIGHTLY PIAM_ ':•" 14.3 97.9 10 - ••:-.- . 1 ' SO REMISE BROWN, SILTY, PM TO MEDIUM SAND, • 1. MOIST, DENSE. • "r i_1: 20' "- END OF BORING. 17.4 • t I • Depth of bag sample I CI Depth of undisturbed sample CI No recovery IGroundwater Vertical Scale 1 = 4 I I 1 GEO-ETKA INC JOB NO• FR-11211-11 IPLATE "8-2 I Boring Two Percent Dry Classification Moisture Density 1 0 AC t 8" ASPHALT PAVEMENT'. AB t 16" AGGREGATE BASH. *cat,: , ' •M r SC IRWEDEIRSAIH ET PgM,SFII NSL TO GH M® IFMII,Q ICLAYEY, d"YFEIIY L SAND, 1 �� 'ti ; y��• 11.1 116.5 SC REDDISH BROWN, VERY FINE, CLAYEY SAID, 5 Pfl tATELY MOIST, DENSE, "NATIVE" 1 1 ' 1 1 10 •; ' ,SM LIPDT REDDISH BA , PINE 10 COARSE, SILTY SAND, MODERATELY POISE, DENSE. •..I 14.8 111.2 I J • 15' .-t' 13.9 I 1 SM LIIDT REDDISH BROWN, VERY FINE IO MEDIUM, J.; SIITY SAND, PWBRATELY MOIST, DENSE. • .rte 1 20' :•i..: END OF BORING. 13.4 1 1 • Depth of bag sample ' • Depth of undisturbed sample ❑ No recovery I2 Groundwater Vertical Scale 1 = 4' I I I I GEO-ETKA Inc IJob Number FR-11211-11 Plate "C I IDIRECT SHEAR TEST I 2000 1900 _ I 1800 1700 I 0 1600 c) BORINN1@91 ' 43 Cr 1500 I [x� 1400 0 BOUM z @11 g 1300 IIW 1200 a fq 1100 I za io 0 1000 ,8`� a 4 900 a 3.-S o f x 800 0 SAO I s' 700 E, 600 I 000HGGG 500 400 / •1 fn 300 _ P' 200 I 100 j r I 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 f'1 -1 ff' b P- CO ON 0 H N C\ 4 ff\ b N. CO H H H H H H H H H ISURCHARGE PRESSURE POUNDS PER SQUARE FOOT I I ' GEO-ETKA Inc Job Number FR-11211-11 Plate 'D-1 1 Boring 1 @ 9' CONSOLIDATION TEST DATA 0 0000 WATVF 'mom 0 0060 0 0120 U z H a w a 0180 t z H z H 1 0240 0 z H H a m0 0300 ' 0 0360 Jp� dO 4,v �O 0 0420 • O O ti ' LOAD (HIPS PER SQUARE FOOT) 1 I I I GEO-ETKA Inc Job Number FR-11211-11 IIPlate "D-2 Boring 2 @ 11' ' CONSOLIDATION TEST DATA 0 0000 , I 0 0040 wATRR annRn I 0 0080 I % z H M W IID.m0 0120 U 0 I Z H z H '---0 0160 I z 0 F. I FA .4 00 0200 0% z 0 II o I 0 0240 I0 0280 . I H h 0 O O o O O O .i N -T m .0 H 1LOAD (HIPS PER SQUARE FOOT) I GEO-ETKA, INC. 739 N.Main Street,Orange,CA 92868 Ph. (714)771-6911 Fax:(714)771-1278 ' JOB NOn-11211-11 SOIL TYPE. Brown, sandy silty clay. L_ TEST SPECIMAN A B C D I Date Tested 7-25-11 7-25-11 7-25-11 al Compactor Air Pressure psi ( 350 350 250 — x Initial Moisture % 12.4 12.4 12.4 ' o Moisture at Compaction % 8 8 10 0 13' 1 W. Briquette Height In 2.3• 2.50 2.62 y Dry Density pcf 126 9 121 0 110 4 ' EXUDATION PRESSURE psi 726 289 ye EXPANSION dial(x.0001) 68 49 7 Z o Ph at 1000 pounds psi 17 29 56 m a Ph at 2000 pounds psi 39 82 139 a Displacement turns 3_37 4 5.02 -3 2 'R' Value 70 35 7 1 CORRECTED 'R' VALUE Ft; 35 8 100 1 ::: I 1 ::::: ::11114 11:: : 1 1 s o Final 'R' Value 11:: :: 4': 1:::::::: t: :.2 ' By Exudation: : 36 80 11:::..1.211::::1::: 1 m I ' By Expansion: 701 : 1 H : 2: 1111°•111 TI(0 5) 110 -..r III21 60 :::::::1: ilii111::1:::::::11::::::1 . : ' 11 1:1: NOTES o)so -.;. :1111_ 1 m =.1: _ i � ::4:::11:1 :4=:: ::::1111 42...:1:C1:::::'Q:1::1:::::::1: 1:::1:i 40 2..1 a : 1 :111:1 : iv..II id _:: 30 :::2 11 1 :1 1 111 11 221: 1 : 20 i :::4: : :: :M1 1 kvU .1 1 1 : I1:9q: ::::1::4411:11 68885 10 1 1•'1:::114:111 111:::::111:11111114441:11:111:111:::1 44rE':) �e;�; ::•: 1 111 : 111 n•••,-•1:111:1 a7.17C• ' 000 700 600 500 400 300 200 100 0 2:.;_C6'. Exudation Pressure PSI plate 'R' GEO-ETKA INC Job No FR-11211-11 Plate TTED" i LEVEL 1 IH ' VARIES I-V 5 I V 1 MAX BOTTOM OF EXCAVATION I i TYPICAL TEMPORARY ' EXCAVATION DETAIL I I IGEO-ETKA INC JOB NO FR-11211-11 ISOIL CLASSIFICATION CHART IGRAPH LETTER TYPICAL MAJOR DIVISIONS SYM SYM DESCRIPTION I ' j. A WELL GRADED CLEAN _A . k GW GRAVEL AND SAND GRAVEL I AND GRAVELS . 1 COARSE GRAVELLY GP POORLY GRADED GRAINED SOILS SOILS LESS THAN GRAVELS GM SILTY GRAVELS I 50% PASS WITH #4 FINES GC CLAYEY GRAVELS I - WELL GRADED SAND MORE SAND CLEAN SW NO FINES THAN AND SAND POORLY GRADED 50% SANDY I LARGER SOILS • -- - SP SAND NO FINES THAN MORE THAN #200 50% PASS SAND ]I} SM SILTY SANDS•SIEVE *4 WITH '1-,." ., II FINES �, SC CLAYEY SANDS I FINE SILTS L L ML INORGANIC SILTS GRAINED AND LESS SOILS CLAYS THAN / CL INORGANIC CLAYS 50 _ 1 I iI 1 ' I OL ORGANIC SILTS 1 I MH INORGANIC SILTS I MORE SILTS L L / i THAN 50% AND GREATER PASSING CLAYS THAN CH INORGANIC CLAYS• /�j ISIEVE / i i/ OH ORGANIC CLAYS I - HIGHLY ORGANIC SOILS PT I PEAT HUMUS ..,...r---+-. SOIL SAMPLER I FOR UNDISTURBED SAMPLING ONNECTING BRASS TOBIN(' CUTTING _COUPLING SLEEVE -h 2 b25 INCHES I D EDGE ( IAPPENDS% I GEO-ETKA, INC. Job No: FR-11211 11 LIMITATIONS ' 1 This Geotechnical Report is based upon data obtained by surface reconnaissance, limited soil test borings, laboratory test results, and preliminary engineering analysis. No inference should be drawn from the language of the report that the scope of the investigation was any wider It must be understood that although the observed and reported conditions are considered representative, local variations of geologic and/or soil conditions may exist for which this firm can ' not 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 engineers for this property so that necessary steps are taken to 1 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 1 addition, changes in applicable or appropriate standards occur whether they result from legislation or the broadening of knowledge, or present applicable UBC Code requirements. Accordingly the findings of this report may be invalidated, wholly or ' partially by changes outside of our control. Therefore, this report is subject to review and should not be relied upon after a period of one (1) year Note that some local jurisdictions have less time for the reports validity and reports are required to be updated at the expiration of such predetermined limits. 4. Unless the recommendations of this report are completely incorporated into ' the design, and all phases of geotechnical activity are checked, tested, and reported by this office, Geo-Etka, Inc. will not be held liable by others. 1 APPENDIX II 1 ' WORKSHEET FOR-ENCROACHMENT PERMIT CITYOFNEWPORT BEACH I PUBLIC WORKS.DEPARTMENT COMPLETE THE BELOW INFORMATION . I PROJECT ADDRESS: DETAILED DESCRIPTION OF PROPOSED WORK(include measurements): I I APPLICANT 'Phone: I Email Address: Mailing Address: City/State/Zip: I OWNER: 'Phone: Email Address: Mailing Address: (City/State/Zip: IALL CONTRACTOR INFORMATION IS REQUIRED-PLEASE COMPLETE .. CONTRACTOR: Office Phone: ICompany(if different): Jobsite Phone: Other Phone: Email Address: IMailing Address: City/State/Zip: State License Number&Class: City Business License Number I Expires: Expires: WORKERS COMPENSATION INSURANCE Certificate of Insurance(Section 3800 Labor Code) Company: Policy No: Expires: I REFUNDABLE DEPOSIT INFORMATION (if Applicable): _ Refund Payable To: Mail Refund To: I . . FOR OFFICE:USE ONLY Special Conditions of Permit: I I Utilities: ADDITIONAL APPROVAL REQUIRED FROM THE FOLLOWING,DEPARTMENTS Traffic: Fire: General Services: Other ' Engineer PWS: Date: Permit No. fNSaYpWIsh redlenaoaffmastmhpworkstieel MK I Public Works Department 949-844-3311 3300 Newport Boulevard,Newport Beach,CA 92663 I I TYPES OF PAVEMENT.REPLACEMENT I 1. TRENCH RESURFACING IN PORTLAND CEMENT CONCRETE PAVEMENT SHALL BE I PER STANDARD SPECIFICATIONS SECTION 306-1.5, EXCEPT THAT CONCRETE SHALL BE 8" THICK MINIMUM CLASS 560—C-3250 AND 15 DOWEL, 18" O.C. WITH EPDXY COATING. ' 2. TRENCH RESURFACING IN ASPHALT CONCRETE PAVEMENT SHALL BE PER STANDARD SPECIFICATIONS SECTION 306-1.5, EXCEPT THAT A. ASPHALT CONCRETE SHALL BE PLACED IN LIFTS NOT TO EXCEED 4' THICK. B. APPLY TACK COAT AND FEATHER NEW PAVEMENT AS NECESSARY TO SEAL THE CONTACT JOINT AND ELIMINATE PAVEMENT DEPRESSIONS WITHIN ONE FOOT OF THE CONTACT JOINT. I * C. COLD PLANE EXISTING A.C. PAVEMENT (2' MINIMUM DEPTH). EXACT WIDTH TO BE DETERMINED BY THE FIELD ENGINEER. ** NO PIECES LESS THAN 5' WIDE BETWEEN PATCH AND NEAREST JOINT EXIST I OR CURB AND GUTTER. A.C. PVr** EAST. ** 5' MIN. A.C. PVT. �t * 18' CONTACT MIN.I 18° 24" MIN MIN TIP rvARIES JOINT DOWEL VARIES EXIST. 6' 6' AA.C. PVl. AL** /W. TYP r Aram .=re I -.* I=-T 4-- r -..„_Sea at, # Imo , _ EXIST. CONTACT ** i JOINT P.C.C. PVT. I \\ IN PIPE BEDDING AND \\ ORCAS DETERMINED ER IND. BY I TH OR AS DEIERM/NE0 BY THE FIELD ENGINEER .0 h 4 • I IASPHALT TRENCH RESTORATION CONCRETE TRENCH RESTORA770N I NOTE. STREETS/ALLEYS RECENTLY (LAST 5 YEARS) SLURRIED/RESURFACED/BUILT SHALL REQUIRE EXTENSIVE PAVEMENT RESTORATION TO BE DETERMINED BY THE FIELD ENGINEER. I REVISED 6/2002 CITY OF NEWPORT BEACH APPROVED: PUBLIC WORKS DEPARTMENT IRCE NO.36106 L WORKS DIRECTOR TRENCH RESURFACING Dote: 2 Mar 1999 Scale.N.T.S. Drown by M. GRACIA r'\usEtr rn at-5Th\ IDRAWING NO. STD-105-L-B I 1 ill I I TRENCH WIDTH - v. - - FINISHED SUBGRADE ' 1 O 1 i Li_ 3/4 co OPTIONAL o,o EXCAVATION LINES c I 3/4 I 6 Y. 6 i ti MIN. MIN. rz co iaj m _ p0' 0'9 SPRING LINE j eft, TRENCH SHEETING •�P ZOR SHORING IF USED , l W V a If y • _>45' MIN. v� TRENCH SHEETING ORJ \i SHORING IF USED 0.4 O.D. IUNDISTURBED SOIL, TYPICAL 1 TRENCH WIDTH SHALL BE O.D. + 12 MINIMUM, OR O.D. + 20' MAXIMUM, INCLUDING 1 THICKNESS OF TRENCH SHORING OR SHEETING. 2 BACKFILL SHALL BE PER STANDARD SPECIFICATIONS SECTION 306-1 3, EXCEPT THAT RELATIVE COMPACTION SHALL BE 90 PERCENT MINIMUM. I3 WHEN THE MAXIMUM TRENCH WIDTH IS EXCEEDED, THE CONSTRACTOR SHALL SUBMIT TO THE ENGINEER FOR APPROVAL, DRAWINGS WITH SUBSTANTIATING ENGINEERING CALCULATIONS FOR THOSE MODIFICATIONS OF PIPE STRENGTH AND/OR BEDDING ' WHICH WILL PROVIDE AN IN-PLACE FACTOR OF SAFETY EQUIVALENT TO THAT PROVIDED IN THE CONTRACT III 4 BEDDING SHALL BE PER STANDARD SPECIFICATIONS SECTION 306-1 2 1 EXCEPT THAT (A. ) CLASS 100-E-100 SLURRY MAY BE SUBSTITUTED FOR SHAPED BEDDING AT THE CONTRACTOR'S OPTION AND SOLE EXPENSE. I (B. ) HAUNCH BEDDING SHALL BE HAND TAMPED TO 90% RELATIVE COMPACTION MINIMUM FOR PVC, RPM, HDPE, AND ALL OTHER FLEXIBLE PIPE INSTALLATIONS. WHEREUPON THE REMAINDER OF BEDDING (ABOVE SPRINGLINE) MAY BE COMPACTED CONCURRENTLY WITH THE BACKFILL. I5 TRENCH RESURFACING SHALL BE PER STD.-105-L. C 1 ry OF NEWPORT f;EIRCH APPROVED: /f Q I PUBLIC WORKS DEPRRTMENT id& at DIRECTOR OF PUBLIC WORKS I P I PE BEDDING ME R.C.E. N0. 12806 Z8 Sep ISM -CCM" N.T.S. ! W M. GRACIA STD-106-L I_ --- X41-nambra =dry—A=1270 ~yam Ira me and c 1 — -- —____-___— D g No_S.I V 7 _- -I 1- ._--___—�_— _ w —w- W o 14 -L1= Grade rings Eccentric cone f 1 I iA If 48 C I nI G ` . . . I SECTION A A SECTION B-B 1 Z Z' JDINF5 AT BOTH HNLET5 AUD CURE75 FOR V.L.P. GSM -- �� B NOTES I Manholes shall be precast concrete as manufactured Iby Associated Concrete Products, Inc. or approved � equal I A A 2. Concret e base and stub walls shall be poured In one "L j operation to an elevation 2" above top of pipe. 3. Concrete shall be Class 5LD C-32517 1 4. Depth of the channel shall equal pipe diameter for illalI sizes of pipe. IIli 5. The floor of manholes shall be steel troweled. B 6 Steps shall be polypropylene w/a 1/2 diameter steel core meeting ASTM A 82, ASTM C-47$, ASTM type II grade I 43758, 16' 0.C. SECTION C-C 7 Manhole bases must be poured against undisturbed soil I8. Steps for manhole shall be placed upstream. 9 Mortar for joints shall be per Costa Mesa Sanitary District Std Dwg. No. 5-103. pr.vlsD 1/el/,5t COSTA MESA SANITARY DISTRICT Approved Q A,.'d°t�%ym IB et I Standard 48° D. Manha!, District Engineer-R.C.E. 31120 Drawing N2 S - 100 1 1 1 STREET SURFACE 7F� I ul E 6" pVG. sewer lateral min. slope 1/411 to I'-011 = CfStd 45° bend E. � Variable size Sewer main I ELEVATION E 3 }I N N c I A 6. N a 0 � a I 'r 90' unless noted otherwise on plans a -Alternate 'Tee' branch Crv°. sewer I 40VS11111.11n11 Sta. ISta. Std. 45° bend Const of Std. 'Wye' branch •I wye only PLAN NOTES I lir 1 TEE BRANCH USED ONLY WITH PRIOR APPROYAI FROM DISTRICT ENGINEER I P- vlsp I/21/goy COSTA MESA SANITARY DISTRICT 'Approved n to c 18-82 gh • Lateral Connection Type ° A ° 'trict Engineer -R.C.E:°°3172f/ wing N° S -104 -A I 1r - 1 -1 TRENCH WIDTH 1 1 y 0 �/ BAGIFILL — 4 X 0 D X r/ 12' BEDDING B — _ Il I �s\ TRENCH SHEETING OR SHORING PER TIME 8 II 4/ PL CALIFORNIA ADMINISTRATIVE KIER L INE ° CODE. BEDDING A — \ /< A 1 a e A SI A ° A A, 6" MIN 4. D d " or et- IIBARREL OF PIPE BELL OF PIPE NOTES ' 1 Bedding A shall be composed of 3/4 crushed gravel 2 Backfill and Bedding B shall be as required by the local agency standards Backfill w/slurry whenever possible II 3 'X' shall be between 6 and 8 inches and shall include the thickness of any shoring 4 All trenching and bedding operations shall be done in 1 conformance with the latest edition of the Standard Specifications for Public Works Construction 5 Structural section of pavement shall be replaced as required by the local agency ' 6 Applicable agency standards are City of Costa Mesa Std No 813 City of Newport Beach Std 106—L County of Orange EMA Std Plan 1319 1 ' REVISED 8/11/88 .:COSTA MESA SANITARY DISTRICT Approved 8-I - ::.,: I Approved LT/ RENCHING AND BEDDING Draw g No S- IR2 o I Dear Contractor ' In entering into an agreement with the Costa Mesa Sanitary District,you must designate your form of business entity There are three basic types of business entities. They are. 1 A Sole Proprietorship (with or without a 'dba") 2. A Partnership ' 3. A Corporation In entering into contracts with the Costa Mesa Sanitary District, please indicate the complete name of your business in one of the following acceptable formats: 1 John Smith, Sole Proprietor or ' John Smith, Sole Proprietor Doing business as Acme Roofing" 2. Smith and Dokes, a California Partnership; 1 3. Smith Corporation, Inc. A California Corporation ' In signing the agreement with the Costa Mesa Sanitary District,you or your agent must sign in one of the following manners so the capacity in which you or your agent is signing is clear ' 1 John Smith, Sole Proprietor 2. Smith and Dokes ' By John Smith, Partner ' 3. Smith Corporation, Inc. By. Vice President Your Public Notary must indicate your capacity when acknowledging your signature. 1 ' CONTRACT THIS AGREEMENT is made and entered into this day of by and between the COSTA MESA SANITARY DISTRICT, hereinafter referred to as 'DISTRICT' and, , a—. , hereinafter referred to as 'CONTRACTOR. WITNESSETH That for and in consideration of the promises and agreements hereinafter made and ' exchanged, DISTRICT and CONTRACTOR mutually agree as follows: 1 Scope of the Work. That CONTRACTOR shall perform all the work and shall t provide and furnish all the labor materials, necessary tools, expendable equipment, and all utility and transportation services required to construct: BRISTOL STREET SEWER REPLACEMENT PHASE II ' 2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled Specifications for BRISTOL STREET SEWER REPLACEMENT PHASE II,and CONTRACTOR agrees to do everything required by this Contract and the Contract Documents including the plans and specifications and any general conditions. All labor materials,tools,equipment and services shall be furnished on work performed,and under the direction, administration and subject to the approval of DISTRICT or its authorized representatives. CONTRACTOR warrants that it will not purchase mined construction material for this ' PROJECT except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for qualified mining operations at www.consrv.ca.gov/OMR/ab_3098_list/current_list. 3. Time of Completion. CONTRACTOR agrees to commence the work to be performed under this Contract within five (5) days of receipt of the 'Notice to Proceed' and to diligently prosecute the work to completion before the expiration of SIXTY (60)WORKING DAYS from the date of commencement. "Working days means all calendar days except Saturdays,Sundays, and legal holidays. 4. Time of the Essence. Time is of the essence of this Contract. ' 5. Liquidated Damages/Delay Damages. It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed within the ' number of working days as set forth herein, damage will be sustained by the DISTRICT and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which the DISTRICT will sustain in the event of and by reason of such delay'and it is therefore agreed the CONTRACTOR will pay to the DISTRICT the sum of TWO HUNDRED FIFTY and 00/100 Dollars ($250.00) per calendar day for each and every day of delay in finishing the work in excess of the number of days prescribed in paragraph 3 and the CONTRACTOR agrees to pay said liquidated damages herein provided for and further agrees that the DISTRICT may deduct the amount thereof ' from any monies due or that may become due the CONTRACTOR hereunder The CONTRACTOR will be granted an extension of time and will not be assessed with 1 1 liquidated damages for any portion of the delay in completion of the work beyond the time named herein for the completion of the work due to unforeseeable causes beyond the control and without ' the fault or negligence of the CONTRACTOR, including but not restricted to acts of God or of the public enemy fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather or delays of subcontractors due to such causes, provided CONTRACTOR submits timely notification and a written Request for Change Order as required herein. ' The CONTRACTOR shall within ten(10)days from the beginning of any such delay(unless the DISTRICT shall grant a further period of time prior to the date of final settlement of the Contract) notify the District Engineer in writing of the cause of the delay and the District Engineer shall extend ' the time for completing the work if in the District Engineer's judgment the cause so merits. The District Engineers determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall also be required to submit a written Request for Change Order to District Engineer within fifteen (15)days of the date of such delay. No adjustment shall be allowed for such delay unless strict compliance with this contractual provision is effected. CONTRACTOR's remedy shall be limited to the extra days granted and to any damages that he may be entitled to using the ' formula agreed to by the parties for all damages as provided in Paragraph 28. 6. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept in full payment for the work above agreed to be done the sum of: ' Dollars ($ • ). 7 Progress Payments. Prior to the fifteenth day of the month next following the ' commencement of the work,there shall be paid to CONTRACTOR a sum equal to 90 percent of the value of the work completed since the commencement of the work as determined by the District Engineer and thereafter prior to the fifteenth day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to 90 percent of ' the value of the work completed since the commencement of the work as determined by the District Engineer less all previous payments, provided that CONTRACTOR submits his request for payment prior to the last Wednesday of each preceding month. DISTRICT shall make the final payment, if unencumbered,or any part thereof unencumbered, 35 days after the acceptance of the work and the ' filing of a Notice of Completion. Payments shall be made on demands drawn in the manner required by law accompanied by a certificate signed by the District Engineer stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that ' the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. 8. Prompt Payments. DISTRICT agrees to promptly make progress payments on ' undisputed and properly submitted payment requests within thirty(30)days and to comply with the provisions of Public Contract Code Section 20104.50. 9. Retention Securities. 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. ' 10. Specifications. The Standard Specifications for Public Works Construction, also known as the Greenbook, latest edition, shall be controlling unless a different specification is called out in the Contact Documents, including the Costa Mesa Sanitary District's Standard Plans and 1 1 rSpecifications for the Construction of Sanitary Sewers and the BRISTOL STREET SEWER REPLACEMENT PHASE II. 11 Change Orders.Change order requests shall be submitted to the District Engineer in writing who shall have discretion to determine the merit of the change order request. The District Engineer may approve or disapprove change orders in his discretion except that any change order resulting in an increase of the Contract price shall be co-signed by the District Manager and/or ' approved by the Board of Directors. No amendments,modifications,or waivers of Contract terms or the Contract Documents, including additional compensation for extra work,will be allowed absent a written Change Order signed by both parties. ' 12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holidays and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract,and ' the same has been placed on file with the District Clerk at the District's principal office.Said perdiem wages can be obtained on the Internet at http://www dir.ca.gov/dlsr/DPreWageDetermination htm. Said per diem wages are deemed to include employer payments for health and welfare, pension, ' vacation,and travel time and subsistence pay all in accordance with sections 1773.1 and 1773.8 of the Labor Code of the State of California. 13. Discrimination, Minorities, Aliens. The CONTRACTOR shall not unlawfully ' discriminate nor allow its employees,agents, principals,or subcontractors to unlawfully discriminate against any employee or applicant for employment on the basis of race, religious creed national origin or sex. ' 14. Compliance with Davis-Bacon Act. This provision does not apply to this Contract. 15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of ' California regarding the preparation, maintenance and filing of payroll records are applicable to this Contract. Specifically each CONTRACTOR and subcontractor shall keep an accurate payroll record, showing the name, address social security number work classification, straight time and t overtime hours worked each day and week,and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work. THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED TO THE DISTRICT ENGINEER FOR REVIEW ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR'S PAYROLL RECORDS. 16. Penalty CONTRACTOR shall,as a penalty to the DISTRICT forfeit up to$50.00 for ' each calendar day or portion thereof for each workman paid (either by him or any subcontractor under him)less than the prevailing rate set forth herein on the work provided for in this Contract,all in accordance with section 1775 of the Labor Code of the State of California. ' 17 Apprentices. If applicable,the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONTRACTOR. ' 18. Legal Day's Work. In the performance of this Contract, not more than eight(8)hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight(8) hours of labor in a day from any person unless the CONTRACTOR complies will all applicable Labor laws. CONTRACTOR shall conform to Article 3, Chapter 1 Part 7 (section 1810, et seq.) of the Labor ' Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit'to the DISTRICT as a penalty the sum of$25.00 for each workman employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any workman is required or I I permitted to labor more than eight(8) hours in any one calendar day and forty(40) hours in any one week in violation of said article. 1 19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions of the 'Subletting and Subcontracting Fair Practices Act' (Public Contract Code Section 4100 et seq.) 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 to the District Engineer or ' 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 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. He will be held responsible for their work. The DISTRICT will deal directly with and make all payments to the CONTRACTOR. 20. Workers' Compensation. CONTRACTOR shall carry Workers' Compensation Insurance and require all subcontractors to carry Workers Compensation Insurance as required by the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby certifies: 'I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance ' with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. 21 Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24 sub-part F Under 24 CFR part 24 sub-part F the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by (a). Publicizing a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition; (b). Establish an ongoing drug-free awareness program to inform employees about- 1 Degrees of drug abuse in the workplace; 2. The policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; 4. The penalties which may be imposed on employees for drug abuse violations ' occurring in the workplace. (c). Making it a requirement that every employee to be engaged in the performance of the Contract be given a copy of the statement required by paragraph (a); (d). Notifying employees in the statement required by paragraph (a) that as a condition of employment under the Contract the employee will 1 Abide by the term of the statement; and 2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e). Notify the DISTRICT in writing,within ten(10)calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such I I 1 ' conviction. Employer of said convicted employee must provide notice, including conviction title, to the DISTRICT ' (f). Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted 1 Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as ' amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State or local health, law enforcement, or other appropriate agency (g). Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e)and (f). 22. Bonds. CONTRACTOR shall, prior to the execution of the Contract, furnish bonds approved by DISTRICT one in the amount of one hundred percent(100%)of the Contract price,to guarantee the faithful performance of the work, and the other in the amount of one hundred percent ' (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by DISTRICT All bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to any such surety in accordance with Code of Civil Procedure Section 995.660. ' 23. CONTRACTOR'S Affidavit. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the District Engineer his affidavit stating that all workmen and ' persons employed,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 connection with a Notice to Withhold, which have been filed under the provisions of the statutes of the State of California. 24. CONTRACTOR'S Waiver CONTRACTOR agrees to execute a Final Close Out t Agreement and Release of All Claims. The execution by CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a waiver of all claims against DISTRICT under or arising out of this Contract unless otherwise stated in said document. ' 25. 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 the District Engineer and all bonds and certificates of insurance required pursuant ' hereto have been fumished to and approved by DISTRICT ' 26. Termination. A. If CONTRACTOR should fail to comply with any of the provisions hereof,or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall have the right to hold CONTRACTOR in default and cancel this Contract in whole or in part. B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor or fail to comply with any provision of this Contract, 1 I 1 ' DISTRICT shall have the right,without prejudice to any other right or remedy it may have,to provide such materials and labor or make good such deficiencies as DISTRICT may deem expedient after ' three(3)days notice in writing,delivered or mailed to CONTRACTOR at his last address on file with DISTRICT and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by DISTRICT from any money that may be due CONTRACTOR. ' C. Without limiting any rights which DISTRICT may have by reason of any default by CONTRACTOR hereunder DISTRICT reserves the right to terminate this Contract in whole or in part at its convenience. In such event DISTRICT shall compensate CONTRACTOR,subject to deduction ' for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and costs incurred in performing under this Contract (ii) by reimbursing CONTRACTOR for all expenditures made and costs incurred with DISTRICT'S prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this Contract and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder an amount equal to the profit on the entire Contract estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however will the compensation to CONTRACTOR exceed the ' total Contract price less payments previously made and less the Contract price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i)immediately discontinue the work and the placing of all orders and subcontracts in connection with this Contract, (ii) immediately cancel all existing orders and subcontracts made ' hereunder and (iii) immediately transfer to DISTRICT all materials, supplies, work-in-process, appliances,facilities,equipment, machinery and tools acquired by CONTRACTOR in connection with the performance of this Contract. ' 27 CONTRACTOR'S Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent ' examinations and investigations,and no plea of reliance on initial investigations or reports prepared by District Engineer and/or DISTRICT for purposes 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 the Contract Documents. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 1 I 1 I I I28. Damages/Extra Work Compensation.The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the damage formula shall be used to measure all of CONTRACTOR's damages or extra ' work required by this job. CONTRACTOR shall be limited to the following: Direct costs Mark-up I Labor 20% Materials 15% Equipment Rental 15% Other Items 15% I Subcontracted work 10% (first $5000) Subcontracted work 5% (work in excess of first $5000) Specialty Subcontracting I (required by extra work) 5% (Provided at least three competitive bids are obtained and contractor selected the lowest bidder) IExcluded from recovery shall be so-called 'Eichleay damages' including, but not limited to, home office overhead, insurance and bonding costs, lost bonding capacity lost profits, and lost interest. ICONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this paragraph. I CONTRACTOR's Initials 29. Other Documents Included. It is further agreed by the parties hereto that the I following documents are incorporated into this Contract by reference and are to be read and construed together as the full, complete and integrated terms of this Contract: A. Notice Inviting Bids B. Supplementary Bid Addenda or Bulletins, if applicable C. Proposal Packet D. Standard Specifications for Public Works Construction 'Greenbook, latest I E. edition Costa Mesa Sanitary District Standard Plans and Specifications for the Construction of Sanitary Sewers F Construction Plans and Specifications for Bristol Street Sewer Replacement- Phase II G. Standard Drawings(Costa Mesa Sanitary District Drawings and City of Costa Mesa Drawings) I H. Soils Report I. City of Costa Mesa Encroachment Permit J Faithful Performance Bond K. Payment Bond ' L. Approved Change Orders, if applicable M. Contractor's Affidavit N. Final Closeout Agreement and Release of All Claims I The documents listed in this Paragraph, including this Contract, shall be known and referred I to collectively as the 'Contract Documents. 30. Interpretation. In the event of any conflict,inconsistency or incongruity between the ' provisions of this Contract and the provisions of any of the Contract Document(s) referenced in Paragraph 29 hereof, or amendments thereto, the provisions of this Contract shall control in all respects. 31 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. 32. Additional Costs. CONTRACTOR shall be responsible to reimburse DISTRICT a sum equal to the expenses of administration and legal services required to be expended by 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. 33. Insurance. CONTRACTOR agrees to provide insurance in accordance with the requirements set forth herein. 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 or equivalent, as determined by District Counsel. Total limits ' shall be no less than one (1) million dollars per occurrence for all coverages and three (3) million dollars general aggregate. DISTRICT and its employees and agents shall be added as additional insured using ISO additional insured endorsement form CG 20 10 with an edition date prior to 1992 ' or equivalent,as determined by District Counsel. 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 on the 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. District Counsel shall have the authority to make determinations on the acceptability of forms of insurance coverage. A ' determination that the form of coverage is not acceptable shall cause the award to go to the next lowest responsible bidder 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)or equivalent, as determined by ' District Counsel. Limits shall be no less than one (1) 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 statutory 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 Contract 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 Contract. The insurance requirements set forth in this Section are ' intended to be separate and distinct from any other provision in this Contract and shall be interpreted as such. 3. All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved available or applicable. Nothing contained in this Contract 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 any 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 Contract 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 Contract. 6. All general or auto liability insurance coverage provided pursuant to this Contract, or any ' other agreements pertaining to the performance of this Contract, 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 Contract 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 CONTRACTOR will promptly reimburse any premium paid by DISTRICT I 9. CONTRACTOR agrees to provide notarized evidence of the insurance required herein, satisfactory to DISTRICT consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR'S general liability and umbrella liability policies(if any)using ISO form CG 2010 with an edition prior to 1992 or equivalent, as determined by the District Counsel. Certificate(s) are to reflect that the insurer will provide 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 Contract have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages. ' 11 Any actual or alleged failure on the part of DISTRICT or any other additional insured under these requirements to obtain proof of insurance required under this Contract 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 insured all parties to this Contract. 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 Contract. 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 insured. 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 by 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 DISTRICT 34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should,to the fullest 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 anyway related to the performance of this Contract. 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 Contract in the ' absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth here. To the fullest extent permitted by law and excepting only the active negligence of DISTRICT 1 1 1 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,administrative 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 this Contract. All obligations under this provision are to be paid by CONTRACTOR as incurred by DISTRICT 1 Without affecting the rights of DISTRICT under any provision of this Contract 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 apply only in instances where the DISTRICT is shown to have been actively negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances where DISTRICT'S active negligence accounts for only a percentage of the liability involved. In those instances,the obligation of CONTRACTOR will be for that portion or percentage of liability not attributable to the active negligence of DISTRICT as determined by written agreement between the parties or the findings of a court of competent jurisdiction. 1 The obligations of CONTRACTOR under this or any other provision of this Contract 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. 1 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor sub-tier contractor or any other person or 1 entity involved by for with, or on behalf of CONTRACTOR in the performance of the subject matter of this Contract. In the event CONTRACTOR fails to obtain such indemnity obligations from 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 1 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 Contract or this section. 35. Permits. The CONTRACTOR shall obtain from DISTRICT City County State, ' Federal or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job. 1 36. 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 37 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. 1 i 1 38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215. ' 39. Trenching. 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 Engineer in writing, of any (a) Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code,that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law (b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. (d) The District Engineer shall promptly investigate the conditions, and if he finds that the conditions do materially so differ or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR'S cost of or the time required for performance of any part of ' the work, shall issue a change order in accordance with the procedures described in this Contract. ' (e) In the event that a dispute arises between District Engineer 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 any 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. ' 40. Notices. The parties hereto agree that all formal notices required by this Contract may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows: ' DISTRICT District Engineer Costa Mesa Sanitary District ' 628 W 19th Street Costa Mesa, California 92627-2716 CONTRACTOR: 41 Effect of Invalidity The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision. 42. Gratuities. CONTRACTOR warrants that neither it nor any of its employees,agents or representatives has offered or given any gratuities to DISTRICT'S employees, agents or ' representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 43. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage 1 ' relationship, and that he is not in any way associated with any architect, engineer or other preparer of the plans and specifications for this project. 44. Copeland Anti-Kickback' Act. If applicable to this Contract,CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland Anti-Kickback' Act(18 USC Section 874),as supplemented in Department of Labor regulations,which Act provides that each Contractor shall be prohibited from requiring, by any means, any person employed in the construction, completion or repair of any public work, to give up any part of the compensation to which he is otherwise entitled. ' 45. Final Closeout Agreement and Release of All Claims. Prior to filing the Notice of Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout Agreement and Release of All Claims. 46. Guarantees. CONTRACTOR shall and hereby does guarantee all work fora period of one (1)year after the date of filing of the Notice of Completion and shall repair and replace any and all such work, together with any other work which may be displaced in so doing that may prove defective in workmanship and/or materials within the one(1)year period from date of the filing of the Notice of Completion, without expense whatsoever to the DISTRICT ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR,who shall pay the cost and charges therefor immediately on demand. ' 47 Job Progress. CONTRACTOR agrees to maintain a critical path analysis throughout the project. CONTRACTOR agrees to meet with the District Engineer on a weekly or other periodic basis, or as requested by the District Engineer to review job progress. CONTRACTOR agrees to provide District Engineer with critical path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR'S claim for additional days or additional damages.Delay and other claims of ' damages based on CONTRACTOR'S planned early completion are prohibited. 48. Resolution of Claims. For all claims that are less than Three Hundred and Seventy Five Thousand Dollars($375,000.00),the provisions of Public Contracts Code Section 20104 et seq. ' (Article 1.5—Resolution of Construction Claims) shall be followed. 49. Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR upon receipt of any third-party claim related to the Contract. ' IN WITNESS WHEREOF the parties hereto have entered into this agreement the date and year first above written. ATTEST COSTA MESA SANITARY DISTRICT ' Joan Revak Robert Ooten Clerk of the District President of the Board of Directors 1 ' APPROVED AS TO FORM: CONTRACTOR Name: Colin R. Burns Associate District Counsel Address: ' APPROVED AS TO CONTENT By ' Robin B. Hamers District Engineer STATE OF CALIFORNIA) ss. (INDIVIDUAL)/(CORPORATION) ' COUNTY OF On , 2011 before me, the undersigned, a Notary Public in and for said ' state, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ' capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ' paragraph is true and correct. WITNESS my hand and official seal. (Notary Public) PAYMENT BOND PAGE 1 ' Bond No. COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS. ' THAT WHEREAS, the COSTA MESA SANITARY DISTRICT a municipal corporation and sanitary district, by minute order of the Board of Directors,adopted on has awarded to CONTRACTOR (NAME AND ADDRESS OF CONTRACTOR) ' hereinafter designated as the 'Principal' Contract No. CMSD PROJECT NO. 129 for the work described as follows: BRISTOL STREET SEWER REPLACEMENT PHASE II. Said Contract and all of its obligations, covenants,terms and conditions are fully incorporated herein by reference. WHEREAS,said Principal is required by the provisions of said Contract and of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. ' NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and (Name and Address of Surety) Duly authorized to transact business under the laws of the State of California, as Surety are held ' and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of:XXX and 00/100 Dollars ($XXX,XXX.00), said sum being not less than one hundred (100%) percent of the estimated amount payable under the terms of the Contract for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his ' subcontractors, or the heirs, executors, administrators, successors or assigns thereof shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender or other supplies used in, upon,for or about the performance of the ' work contracted to be done,or for any work or labor performed by any such claimant or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code,with respect to such work and labor then said Surety will pay for the same,in an ' amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond. I ' PAYMENT BOND PAGE 2 Bond No. Further the said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be ' performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the Contract Documents and/or of the work to be performed thereunder ' IN WITNESS WHEREOF we have hereunto set our hands and seals this day of , 2011 Contractor Name ' Street Address City,State,Zip Code ' PRINCIPAL By Company Representative In accordance with the Contract for BRISTOL STREET SEWER REPLACEMENT PHASE II, all bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to any such surety in accordance with Code of Civil Procedure Section 995.660. By signing below Surety certifies that the bonds are issued by an admitted surety 1 Name ' Street Address City State,Zip Code ' SURETY By Company Representative ' APPROVED AS TO FORM: Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District ' By/s/ ' FAITHFUL PERFORMANCE BOND PAGE 1 ' Bond No. COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. ' THAT WHEREAS, the COSTA MESA SANITARY DISTRICT a municipal corporation and sanitary district, by minute order of the Board of Directors,adopted on has ' awarded to CONTRACTOR (NAME AND ADDRESS OF CONTRACTOR) ' hereinafter designated as the 'Principal' Contract No. CMSD#129 for the work described as follows: BRISTOL STREET SEWER REPLACEMENT PHASE II. Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond ' for the faithful performance of said Contract, including a one year guarantee of the work performed. NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and (NAME AND ADDRESS OF SURETY) Duly authorized to transact business under the laws of the State of California, as Surety are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of:XXX and 00/100 Dollars ($XXX,XXX.00), said sum being not less than one hundred (100%)percent of the Contract price for ' the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened Principal,his ' or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their ' part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Costa Mesa Sanitary District, its offices and agents, as therein stipulated,then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. This obligation covers a one year guarantee on work performed after said work has been completed. The one year period shall commence on the date the Notice of Completion has been recorded. ' In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees as fixed by the court. FAITHFUL PERFORMANCE BOND PAGE 2 ' Bond No. And the said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the work to be ' performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the work. ' IN WITNESS WHEREOF we have hereunto set our hands and seals this day of , 2011 Contractor Name ' Street Address City,State,Zip Code ' PRINCIPAL By Company Representative In accordance with the Contract for BRISTOL STREET SEWER REPLACEMENT PHASE II, all bonds shall be issued by an admitted surety insurer and the District reserves the right to object to any such surety in accordance with Code of Civil Procedure Section 995.660. By signing below Surety certifies that the bonds are issued by an admitted surety Name ' Street Address City State,Zip Code SURETY By ' Company Representative APPROVED AS TO FORM: ' Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District ' By/s! I REQUEST FOR CHANGE ORDER RCO No. (Payment or Time) NOTICE. Conditions arising that would support a request for payment for additional work or time extension must be brought to the District's attention within ten(10)days,and a Request for Change Order for additional work/time extensions ' must be filed within fifteen(15)days. THIS FORM MUST BE USED. (See Contract Section 5.) Circumstances supporting payment for additional work/time: 1. Describe why payment should be granted. Attach any more detailed discussion,with backup documents as an exhibit. (Remember:damages have been contractually limited on this job. See Section 28 of the Contract.) ' 2. Describe the delay and why a time extension is appropriate. Provide any backup documents as may be necessary to support the request. You must demonstrate how the critical path was impacted. ' Submitted by Construction Manager's Approval: Engineer's Approval: By By: NOTE. Approval of this request for change order is only effective upon District approval of the change order. Change Order approved/denied by ON 9° 'yc�RPORATV a ADDENDUM NO. 1 Contract Documents and Construction Plans BRISTOL STREET SEWER REPLACEMENT PHASE II CIP PROJECT NO. 129 Today's Date: September 07 2011 Bid Opening Date: October 25 2011 This Addendum is hereby made a part of the contract documents and construction drawings. Receipt of the Addendum shall be noted on the Bid Form. The following changes, additions, clarifications or modifications shall be made to the contract documents and construction drawings; all other conditions remain the same. Contractor's Bid Price shall include night work if required by the City of Newport Beach or Costa Mesa Sanitary District. If there are any questions, please call (949) 631 1731 office or(949)468-9840 cell. Thank you. COSTA MESA SANITARY DISTRICT Robin B. Flamers, PE District Engineer