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Project 185 - Specifications - 2011-04-29 COSTA MESA SANITARY DISTRICT ORANGE COUNTY CALIFORNIA CONTRACT SPECIFICATIONS FOR SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I Project No. 185 Bid Date: April 29 2011 Contract Time: 75 Working Days �gP SANIT44 a L1/ Oy F:5: ❑ 000 I L.na°On n o 4 —3 7/ 8190 .%PORKYVS)♦ Robin B. Hamers District Engineer Costa Mesa Sanitary District ?co fESs (7 ROBIN B. HAMERS RCE NO. 31720 0* EX•* 731/2012 9 z/ii BID SET NUMBER 6 SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I Pro/cc!No. 185 TABLE OF CONTENTS NOTICE INVITING SEALED PROPOSALS (BIDS) BID PROPOSAL STANDARD SPECIFICATIONS SPECIAL PROVISIONS CITY OF COSTA MESA STANDARDS I ENCROACHMENT PERMIT REQUIREMENTS 2. CITY OF COSTA MESA STD DWG NO 813 COSTA MESA SANITARY DISTRICT STANDARDS 3 CMSD STD DWG NO S-100 4 CMSD STD DWG NO S-103 5 CMSD STD. DWG.NO 5-104-A 6. CMSD STD DWG NO S-112 COSTA MESA SANITARY DISTRICT CONSTRUCTION AGREEMENT CITY OF NEWPORT BEACH PROJECT REQUIREMENTS COSTA MESA SANITARY DISTRICT ORANGE COUNTY CALIFORNIA NOTICE INVITING SEALED PROPOSALS(RIDS) 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: SYSTEM WIDE SEWER RECONSTRUCTION- PHASE 1 Pr ,jeer No. 185 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 31st day of May 2011 at which time they will he 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 hid received after the scheduled hid opening time shown above will not be accepted and returned to the bidder unopened. It shall he 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 he obtained at the District office or requested by phone at (949) 645-8400 Extension 221 for a non-refundable payment of $10.00 An additional payment of 515.00 will be required to cover shipping costs. 1 he 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 hid 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 hid bond. Pursuant to California Contract Code Section 22300, CONTRACTOR will he 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 insur performance of the contract. Liquidated damages in the sum of $250 per day shall be imposed for each unexcused day beyond the contract completion date. CMSD Project No. 185 Notice Inviting Sealed Proposals (Bids)— I of 2 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: April 29 2011 BY ORDER OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT CMSD Project No. 185 Notice Inviting Scaled Proposals(Bids)-2 oft COSTA MESA SANITARY DISTRICT ORANGE COUNTY CALIFORNIA BID PROPOSAL FORM SYSTEM WIDE SEWER RECONS'I RUCTION- PHASE I Pi o ec/No 185 Nance of Bidder Address. Phone No. TO THE BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and the other documents relating thereto. the undersigned bidder has carefully examined and is completely familiar with the plans, specifications. and contract documents including the local conditions affecting the performance of the contract, the character quality quantities. and scope of the work, and the materials to be furnished as to the requirements of the specifications and the contract. If awarded the contract, the undersigned bidder hereby proposes and agrees to perform within 75 WORKING DAYS, 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. 185 Bid Proposal Form— I of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. UNIT TOTAL DESCRIPTION ITEM QUANTITY PRICE AMOUNT I Lump Sum Bonds, Insurance, and Permits. Work under this item includes any costs incurred for securing bonds, insurance permits and financing for construction work. Lump Sum $ 2 Lump Sum Mobilization, Demobilization and Cleanup: Work under this item shall include preparatory and cleanup operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to and from the project site, securing a temporary construction yard. and maintaining the project site in a sale and orderly manner during construction. Lump Sum $ 3 Lump Sum Segment I per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 4 Lump Sum Segment 2 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor, material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form—2 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. UNIT TOTAL DESCRIPTION ITEM QUANTITY PRICE AMOUNT 5 Lump Sum Segment 3 per Plan. Remove Existing 8-inch VCP sewer and Install New 8- inch VCP Sewer Main With Type 'G' Compression Joints Per Plans and Specifications. Work under this item shall be all inclusive and include, but is not limited to traffic control, sewer flow diversion, temporary paving and patching or trench plates. trench excavation, control of ground water and surface water bedding, backfill, and compaction per City Standard 813, installation of pipe and fittings removal or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, final paving and striping and all other work necessary to install the sewer main complete in place. Work under this item shall also include adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and Iimb. which shall comply to applicable safety orders including, but not limited to, planning, designing, engineering, furnishing, constructing, and removing temporary sheeting, shoring and bracing. and any other work necessary to conform to the requirements of any permits. OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code. Lump Sum $ 6 Lump Sum Segment 4 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall he all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form—3 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX, DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 7 Lump Sum Segment 5 per Plan. Construct sewer spot repair at location shown (4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor, material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 8 Lump Sum Segment 6 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer I ine. Lump Sum $ 9 Lump Sum Segment 7 per Plan. Construct sewer spot repair at location shown (62' min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 10 Lump Sum Segment 8 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form-4 of26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS(SCHEDULE A) SYSTEM WIDE SEWER RECONS'I RUCTION- PHASE I BID APPROX. DF.SCRIP'I'ION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT I I Lump Sum Segment 9 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 12 Lump Sum Segment 10 per Plan. Construct sewer spot repair at location shown (69' min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer Clow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 1 3 Lump Sum Segment I I per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 14 Lump Sum Segment 12 per Plan. Construct sewer spot repair at location shown (4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form—5 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK. ITEMS(SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT IS Lump Sum Segment I per Plan. Construct sewer spot repair at location shown (3 spots at 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 16 Lump Sum Segment 14 per Plan. Construct sewer spot repair at location shown (51 min.) Work under this item shall he all inclusive and include furnishing and installing all labor, material, sewer Ilow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 17 Lump Sum Segment 15 per Plan. Construct sewer spot repair at location shown (2 spots at 4 and 50' min.) Work under this item shall be all inclusive and include furnishing and installing all labor, material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 18 Lump Sum Segment 16 per Plan. Construct sewer spot repair at location shown (2 spots at 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor, material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form—6 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS(SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 19 Lump Sum Segment 17 per Plan. Rehabilitate sewer line by CIPP method. $ Option A Full length from manhole to manhole Lump Sum Option B- Spot Repair by CIPP method (3 spots at 4' Lump Sum $ min.) Work under this item shall he all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. 20 Lump Sum Segment 18 per Plan. Construct sewer spot repair at location shown (2 spots at 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 21 Lump Sum Segment 19 per Plan. Construct sewer spot repair at location shown (2 spots at 4 min.). Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 22 Lump Sum Segment 20 per Plan. Construct sewer spot repair at location shown (4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form—7 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 23 Lump Sum Segment 21 per Plan. Construct sewer spot repair at location shown (5 min.) Work under this item shall be all inclusive and include furnishing and installing all labor, material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 24 Lump Sum Segment 22 per Plan. Construct sewer spot repair at location shown (2 spots at 4 min.). Work under this item shall be all inclusive and include furnishing and installing all labor material. sewer tlow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 25 Lump Sum Segment 23 per Plan. Construct sewer spot repair at location shown (2 spots at 4 min.). Work under this item shall be all inclusive and include furnishing and installing all labor, material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 26 Lump Sum Segment 24 per Plan. Construct sewer spot repair at location shown (4 min.). Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form—8 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 27 Lump Sum Segment 25 per Plan. Construct sewer spot repair at location shown (4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan. and work necessary to rehabilitate sewer line. Lump Sum $ 28 Lump Sum Segment 26 per Plan. Construct sewer spot repair at location shown (4 min.) Work under this item shall he all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 29 Lump Sum Segment 27 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material. sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 30 Lump Sum Segment 28 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan. and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form—9 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS(SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIP'FION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 31 Lump Sum Segment 29 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 32 Lump Sum Segment 30 per Plan. Construct sewer spot repair at location shown (178 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 33 Lump Sum Segment 31 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 34 Lump Sum Segment 32 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form— 10 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS(SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 35 Lump Sum Segment 33 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor, material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer I inc. Lump Suni $ 36 Lump Sum Segment 34 per Plan. Construct sewer spot repair at location shown (2 spots at 5 and 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor, material, sewer flow diversion. traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 37 Lump Sum Segment 35 per Plan. Construct sewer spot repair at location shown (28' min.) Work under this item shall be all inclusive and include furnishing and installing all labor, material. sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 38 Lump Sum Segment 36 per Plan. Rehabilitate sewer line by CIPP method. Option A Pull length from manhole to manhole $ Option B- Spot Repair by CIPP method (4 spots at 4' Lump Sum min.) p Work under this item shall be all inclusive and include Lump Sum $ furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. CMSD Project No. 185 Bid Proposal Form— 11 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX, DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 39 Lump Sum Segment 37 per Plan. Rehabilitate sewer line by CIPP method. Option A Full length from manhole to manhole Option B- Spot Repair by CIPP method (4 spots at 4' min.) Lump Sum Work under this item shall be all inclusive and include Lump Sum $ furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessan to rehabilitate sewer line. 40 Lump Sum Segment 38 per Plan. Construct sewer spot repair at location shown (144 min.) Work under this item shall include furnishing and installing all labor material, and work necessary to rehabilitate sewer line. Lump Sum $ 41 Lump Sum Segment 39 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 42 Lump Sum Segment 40 per Plan. Construct sewer spot repair at location shown (2 spots at 4 and 46 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form— 12 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX, DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 43 Lump Sum Segment 41 per Plan. Construct sewer spot repair at location shown (3 spots at 16' 4 and 4 min.) Work under this item shall he all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan. and work necessary to rehabilitate sewer Iine. Lump Sum $ 44 Lump Sum Segment 4h, per Plan. Rehabilitate sewer line by CIPP method. Option A Full length from manhole to manhole Lump Sum $ Option B- Spot Repair by CIPP method (4 spots at 4' Lump Sum $ min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. 45 Lump Sum Segment 43 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion. traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 46 Lump Sum Segment 44 per Plan. Construct sewer spot repair at location shown (2 spots at 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form— 13 of 26 CMSD SEVER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 47 Lump Sum Segment 45 per Plan. Construct sewer spot repair at location shown (4 spots at 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan. and work necessary to rehabilitate sewer line. Lump Sum $ 48 Lump Sum Segment 46 per Plan. Construct sewer spot repair at location shown (2 spots at S and 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor, material. sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 49 Lump Sum Segment 47 per Plan. Construct sewer spot repair at location shown (2 spots at 29' and 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material. sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 50 Lump Sum Segment 48 per Plan. Construct sewer spot repair at location shown (2 spots at 6' and 44 min.) Work under this item shall he all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form— 14 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 51 Lump Sum Segment 49 per Plan. Construct sewer spot repair at location shown (2 spots 20' and 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor, material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 52 Lump Sum Segment 50 per Plan. Construct sewer spot repair at location shown (2 spots 15 and 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 53 Lump Sum Segment 51 per Plan. Construct sewer spot repair at location shown (126' min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Suni $ 54 Lump Sum Segment 52 per Plan. Construct sewer spot repair at location shown (4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan. and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form— 15 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. UNIT TOTAL DESCRIPTION ITEM QUANTITY PRICE AMOUNT 55 Lump Sum Segment 53 per Plan. Construct sewer spot repair at location shown (3 spots 4 min.) Work under this item shall he all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and \Mork necessary to rehabilitate sewer line. Lump Sum $ 56 Lump Sum Segment 54 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall he all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 57 Lump Sum Segment 55 per Plan. Construct sewer spot repair at location shown (3 spots 6' 4 and 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No 185 Bid Proposal Form— 16 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 58 Lump Sum Segment 56 per Plan. Remove Existing 8-inch VCP sewer and Install New 8- inch VCP Sewer Main With Type 'G' Compression Joints Per Plans and Specifications. Work under this item shall be all inclusive and include, but is not limited to traffic control, sewer flow diversion, temporary paving and patching or trench plates, trench excavation, control of ground water and surface water bedding, backfill, and compaction per City Standard 81 installation of pipe and fittings, removal or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, final paving and striping and all other work necessary to install the sewer main complete in place. Work under this item shall also include adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb, which shall comply to applicable safety orders including, but not limited to, planning, designing, engineering, furnishing, constructing, and removing temporary sheeting, shoring and bracing, and any other work necessary to conform to the requirements of any permits, OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code. Lump Sum $ 59 Lump Sum Segment 56 per Plan. Rehabilitate full length of sewer segment by CIPP method after completion of Bid Item 61 Cleaning DIP portion of sewer line (13') by impact cutter Work tinder this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form— 17 of26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 60 Lump Sum Segment 57 per Plan. Construct sewer spot repair at location shown (3 spots 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 61 Lump Sum Segment 55 per Plan. Construct sewer spot repair at location shown (14 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 62 Lump Sum Segment 59 per Plan. Construct sewer spot repair at location shown (5 min.) Work under this item shall be all inclusive and include furnishing and installing all labor, material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 6' Lump Sum Segment 60 per Plan. Construct sewer spot repair at location shown (3 spots 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form— 18 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION TOTAL DESCRIP ITEM QUANTITY PRICE AMOUNT 64 Lump Sum Segment 61 per Plan. Construct sewer spot repair at location shown (2 spots 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer Clow diversion, traffic control plan. and work necessary to rehabilitate sewer line. Lump Sum $ 65 Lump Sum Segment 62 per Plan. Construct sewer spot repair at location shown (3 spots 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 66 Lump Sum Segment 6_' per Plan. Construct sewer spot repair at location shown (2 spots 5 and 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan. and work necessary to rehabilitate sewer line. Lump Sum $ 67 Lump Sum Segment 64 per Plan. Construct sewer spot repair at location shown (4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer Ilow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form— 19 of 26 CMSD SEWER PROJECT NO. IRS SCHEDULE OF WORK ITEMS (SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 68 Lump Sum Segment 65 per Plan. Construct sewer spot repair at location shown (3 spots 4 min.) Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan, and work necessary to rehabilitate sewer line. Lump Sum $ 69 Lump Sum Segment 66 per Plan. Rehabilitate full length of sewer segment by CIPP method. Work under this item shall be all inclusive and include furnishing and installing all labor material, sewer flow diversion, traffic control plan. and work necessary to rehabilitate sewer line. Lump Sum $ CMSD Project No. 185 Bid Proposal Form—20 of 26 CMSD SEWER PROJECT NO. 185 SCHEDULE OF WORK ITEMS(SCHEDULE A) SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 70 Lump Sum Segment 67 per Plan. Remove Existing 12-inch VCP sewer and Install New 12-inch VCP Sewer Main With Type 'G' Compression Joints Per Plans and Specifications. Work under this item shall be all inclusive and include, but is not limited to traffic control, sewer flow diversion, temporary paving and patching or trench plates, trench excavation, control of ground water and surface water bedding, backfill, and compaction per City Standard 813 installation of pipe and fittings, removal or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials, final paving and striping and all other work necessary to install the sewer main complete in place. Work under this item shall also include adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb, which shall comply to applicable safety orders including, but not limited to, planning, designing, engineering, furnishing, constructing, and removing temporary sheeting, shoring and bracing, and any other work necessary to conform to the requirements of any permits, OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code. Lump Sum $ TOTAL AMOUNT OF ITEMS I THROUGH 70 S (TOTAL IN WORDS—SCHEDULE A) Bidders Initials Note: In case of a discrepancy between the words and figures.the words shall prevail. CMSD Project No, 185 Bid Proposal Form—21 of 26 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 he 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 hid 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 Date & Classification Business Phone Number Name Title Residence Phone Number Bidder s Residence. Street City State Zip CM SD Project No. 185 Bid Proposal Form—22 of 26 I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. Dated at this day of 20 (Signed) The full names and residences of all persons and parties interested in the foregoing proposal, as principals. are as follows. NOTICE. Give First and last names in full; in case of corporation, give names of President. Secretary Treasurer and Manager and affix corporate seal; in all cases of partnerships and joint ventures give names of all the individual members. CONSTRUCTION PROJECT REFERENCES In order to more fully evaluate your background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed, or in progress,within the last 24 months. Your cooperation in this matter is greatly appreciated. DATE PROJECT AGENCY'S CONTRACT AWARDED AWARDING AGENCY ADMINISTRATOR CMSD Project No. 185 Bid Proposal Form—23 of 26 PROJECT ADDENDA Bidder shall signify receipt of all Addenda here, if any ADDENDUM NO DATE RECEIVED BIDDER'S SIGNATURE DESIGNATION OF SUBCONTRACTORS In compliance with the 'Subletting and Subcontracting Fair Practices Act' being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of 1/2 of I 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 he deemed to have agreed to perform such work himself, and he shall not he permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity and then only after a finding reduced to writing as a public record of the Legislative Body of the owner Portion State License Of Work Subcontractor's Name and Address Number Class CMSD Project No. 185 Bid Proposal Form—24 of 26 10% BIDDER'S BOND TO ACCOMPANY PROPOSAL (Required if the bidder desires to submit bond instead of a certified or cashier's check). KNOW ALL PEOPLE BY THESE PRESENTS. That we. as principals, and as surety are held and firmly hound unto the Costa Mesa Sanitary District, a special district, organized under the laws of the State of California and situated in Orange County in the sum of (S ) to be paid to the District, its successors and assigns, for which payment well and truly to be made, we hind ourselves, our heirs, executors, and administrators, successors or assigns.joint and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH. That if the certain proposal of the above bounden is accepted by the Costa Mesa Sanitary District, and if the above bounden, his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within 10 days (not including Sunday) from the date of the mailing of a notice of the above bounden, by and from District, that said contract is ready for execution, then this obligation shall become null and void: otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF We hereunto set our hands and seals this day of 20 CMSD Project No. 185 Bid Proposal Form—25 of 26 NON-COLLUSION AFFIDAVIT The bidders, by Us officers and agents or representatives present at the time of filing this hid, 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 ally 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 torm or character other than that which appears upon the face of the bid will he 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 hid. Suhscribed and sworn to before me by This _day of 20_ My Commission expires. Notary Public CMSD Project No. 185 Bid Proposal Form—26 of 26 STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the latest edition of the 'Standard Specifications for Public Works Construction' (Green Book) and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California Chapter American Public Works Association; hereinafter referred to as Standard Specifications, are adopted as the 'Standard Specifications of the Costa Mesa Sanitary District and shall be considered as a part of these specifications. Also a part of these specifications are the Costa Mesa Sanitary District's Standard Plans and Specifications for the Construction of Sanitary Sewers. The following additions are made to the 'Standard Specifications If there is a conflict between the Standard Specifications and these additions, these additions shall have first precedence. 12 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 hut 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. (1) LEGAL ADDRESS The legal address of the Contractor shall be the address of contractor given on the Contractors 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 Part 5, Division 3, Title 2 of the CONTRACT Government Code. The provisions of this ACT and other applicable laws, form and constitute a part of the provisions of this contract to the same extent as it set forth herein, in full. 2 1 AWARD AND EXECUTION OF CONTRACT The award of contract, if awarded, will he to the lowest responsible bidder whose proposal complies with all requirements of the notice inviting bids. The District, however reserves the right to reject any or all bids, and to waive any informality in the bids received. The award, if made. will be made within 30 days after the opening of the bids. PROCEDURE FOR PROPOSAL SUBMITTAL Proposal shall be made and submitted on the Proposal Forms in accordance with the Notice Inviting Bids. No person, firm, or corporation. shall be allowed to make, file, or be interested in, more than one hid 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 CMSD Project No. 185 Standard Specifications— I of 8 hereby disqualified from submitting a sub-proposal or quoting prices to other bidders. IF, on the opening of hids, more than one hid appears in which the same person, firm, or corporation, is interested as a principal, all such bids shall be rejected. Proposals with interlineations. alterations, or erasures, shall be initialed by the bidder's authorized agent. Alternative proposals, special conditions, or other limitations or provisions affecting the bid, except as such called for by the contract documents, will render the bid informal and may cause its rejection. All proposals must give the prices hid for the various items of work and must be signed by the bidder who shall give his address. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and not sham or collusive or made in the interest or behalf of any other person not therein named and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over any other bidder REQUEST FOR INTERPRETATION If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans, specifications, or other proposed contract documents, or finds discrepancies in, or omissions from the drawings or specifications, he may request the Engineer in writing, for an interpretation or correction thereof The person submitting such a request shall be responsible for its prompt delivery All such interpretations of the contract documents will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or delivered to each person receiving a set of contract documents at his last address of record. The District will not be responsible for any other explanations or interpretations of the contract documents. RETURN OF BID SECURITY Any bidder may withdraw his bid. either personally or by telegraphic or written request, at any time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to see that any such telegraphic or written request is delivered to the District Clerk prior to said closing time. Bid security of such bidders will be returned promptly to the bidder The bid security of the three lowest bidders will be retained until the contract is awarded, entered into and executed with the bidder of accepted bid, after which those will be returned to the respective bidders with whose proposal they accompanied. The bid security of all other bidders will be returned after the canvass of bids. The bid security of the bidder of accepted bid will he held by the District until the contract has been entered into, and the bonds accompanying the same are approved and filed, whereupon the said bid security will be returned to the bidder If the bidder fails or refuses to enter into contract to do the work. the bid security shall be forfeited to the District and shall be collected and paid to the General Fund of the District. LICENSE REQUIRED Contractor shall have a Class A or C42 license to perform this work. OR EQUAL PROVISION When otherwise specified, any product called for on these Specifications may he 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. 185 Standard Specifications—2 of 8 the Counsel for the District. No proposal shall he considered binding upon the District until the execution of the contract by the District. ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT CLAIMS In entering into a public works contract or a subcontract to supply goods. services, or materials pursuant to a public works contract. the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U S.C. Sec. I S) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor without further acknowledgement by the parties. MINED CONSTRUCTION MATERIAL CONTRACTOR warrants that it will not purchase mined construction material for PROJECT except from a mining operation that is currently identified in the list published pursuant to subdivision (h) of Section 2717 of the Public Resources Code. 231 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 The 'Faithful Performance Bond' and the 'Labor and Material Bond' shall both he one hundred percent (100%) of the contract price and shall he furnished on the District's standard forms. The Faithful Performance Bond shall be held for one year from the date the Notice of Completion is recorded. Sureties providing performance bonds for Contractors must be licensed or agree to employ a licensed Contractor with a Class A or other applicable specialty contractor's license from the State of California. 2 5 PLANS AND SPECIFICATIONS Engineer will provide the Contractor free of charge, copies of plans and specifications that are reasonably necessary for the execution of work. Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, for his general use. If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the contract. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies. CMSD Project No. 185 Standard Specifications—3 of 8 2-9 I PERMANENT SURVEY MARKERS Unless otherwise provided in the Special Provisions, the Contractor shall he responsible for protecting all existing horizontal and vertical survey controls, monument, tics 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 temporar\ ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and benchmarks disturbed during construction shall he reset per local agency standards after construction and the tie notes submitted to the appropriate governing agency on 8- 1/2' X I I 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 conlbrming 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 I I 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 he uncovered for examination at Contractor's expense, and shall he 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. 185 Standard Specifications—4 of 8 decision, which shall be binding on all parties, unless with the 10 days thereafter the Contractor shall file with the Board of Directors a formal protest against said decision of the Engineer The Board of Directors shall consider and render a final decision on any such protest within 30 days of receipt of same. 3-I 1 CHANGES REQUESTED BY THE CONTRACTOR. GENERAL Engineer shall be the duly authorized officer to grant the changes prescribed in this section. 3-3 I EXTRA WORK. GENERAL The extra work as defined in this section of Standard Specifications and any work done beyond the lines and grades shown on the plans shall only be performed when ordered in writing by the Engineer In absence of such written order any such work shall he considered unauthorized and will not be paid for Work so done may be ordered removed at the Contractor's expense. 6-I 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 he required to submit for approval by the Engineer, a complete schedule showing the number of working days required to complete the project. 6-6.2 EXTENSIONS OF TIME In the event the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the Board of Directors shall have the right to increase the number of working days for completion or not, as may seem best to serve the interest of the District. Except for the delays beyond Contractor's control as described in Sections 5-5 and 6-6.1 the District shall have the right to charge the Contractor his heirs, assigns, or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper of the actual cost of engineering, inspection, superintendent and other overhead expenses which are directly chargeable to the Contractor and which accrued during the period of such extensions except that the cost of the final services and preparation of the final estimates shall not be included in such charges. In addition to the above charges, Contractor shall pay to the District liquidated damages as specified in Section 6-9 for such delays. No extension of time for the completion of the work called for under the contract shall be allowed unless at least 20 days prior the the time fixed for the completion thereof, or the time fixed by the Board of Directors or its designee for such completion as extended, Contractor shall have filed application for extension thereof, in writing, with the Engineer addressed to the Board of Directors or its designee. In this connection it is understood that the Engineer shall not transmit any such request to the Board or its designee if not filed within the time herein prescribed. 7 2 LABOR The Contractor shall comply with the provisions of Section 1770 to 1780. inclusive. of the California Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial Relations. State of California, which arc 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 he 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. 185 Standard Specifications—5 of 8 the Engineer for checking. Using Form DI-1-H-147 Payroll Statement of Compliance is an acceptable method of fulfilling the above requirement. APPRENTICES Attention is directed to the provisions in Section 1777 S 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. h. 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 he 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 he 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. 185 Standard Specifications—6 of 8 7-6 THE CONTRACTOR'S REPRESENTATIVE Contractor shall also file with the Engineer the addresses and telephone numbers where he or his designated representative may he 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 Engineers dust control orders may result in an order to suspend work until the condition is corrected; and after tiling notice to the Contractor the Engineer may order this accomplished by others. All costs thus incurred shall be deducted from the amount to he paid to the Contractor No additional compensation will be allowed as a result of such suspension. No separate payment will be made for any work performed, of material used, to control dust resulting from the Contractor's performance on the work, or by public traffic, either inside or outside the right of way Full compensations for such dust control will be considered as included in the prices paid for the various items or work involved. 7-8.5 TEMPORARY LIGHT POWER AND WATER The Contractor shall provide for his employees and adequate supply of clean potable drinking water which shall be dispensed through approved sanitary facilities. 7 10 PUBLIC CONVENIENCE AND SAFETY The Contractor shall abide by the following publications which are hereby made a part of these specifications. a. The Work Area Traffic Control Handbook(WATCH). b. The Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways. c. State Labor Code Sections 6704, 6706 and 6707 d. The Construction Safety Orders(CAL/OSHA). e. The General Industry Safety Orders(CAL/OSHA). f. Standard Specifications for Public Works Construction (The Green Book) 7 13 LAWS TO BE OBSERVED The Contractor shall protect and indemnify the District, the Board of Directors, the Engineer and all of its or their officers, agents and servants against any claim or liability arising from or based on the violation of any existing or future. State. Federal and Local laws, ordinances, regulations, orders or decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the CMSD Project No. 185 Standard Specifications—7 of 8 plans, drawings. specifications or contract for the work in relation to any such law ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. 9-3 I 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 hid 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 he 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 he 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. CMSD Project No. 185 Standard Specifications—8 of 8 SPECIAL PROVISIONS SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I I'rnjeci A'c. 185 SECTION I. GENERAL SPECIFICATIONS All construction including materials, testing, and installation shall conform to the following specifications: I I Costa Mesa Sanitary District `Standard Plans and Specifications for the Construction of Sanitary Sewers as last revised. 1.2 Standard Specifications for Public Works Construction (SSPWC) latest edition, also referred to as the 'Greenbook 13 American Society of Test and Materials(ASTM) latest edition. SECTION 2. VITRIFIED CLAY GRAVITY SEWER PIPE (VCI') 2.1 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. 2.2 Acceptable manufacturers include: Mission Clay Pipe or approved equal. 2.3 Vitrified clay pipe and fittings shall be constructed to the following specifications: Vitrified Clay Pipe SSPWC Section 207 8 Compression Type 'C' Joint SSPWC Section 208-2.3 SECTION 3. LINER PIPE (CURED-IN-PLACE PIPE) 3.1 GENERAL A. Description The Contractor shall furnish all tools, equipment, materials, and supplies and shall perform all labor required to complete the work as indicated in the Contract Documents and specified herein. The liner pipe shall he cured-in-place-pipe (CIPP) per these specifications. The work includes but is not limited to, cleaning, repairing, lining, lateral connections, pre and post-CCTV and testing. 2. Video tapes of the existing sewer to be relined are available for review at the District s Engineer office. B. Related Work Specified Elsewhere Existing Facilities: 01045 CMSD Project No. 185 Special Provisions— 1 of9 C. Reference Specifications, Codes and Standards Standard Specifications: a. SSPWC Section 500 Pipeline System Rehabilitation. h. SSPWC Section 500-1 4 Cured-In- Place Pipe Liner ICIPP). 2. Commercial Standards ASTM D790 Test Methods for Flexoral Properties of Un-reinforced and Reinforced Plastics and Electrical Insulating Materials ASTM D2990 Tensile, Compressive and Flexoral Creep and Creep-Rapture of Plastics ASTM D5813 Cured-in-Place Thermosetting Resin Sewer Pipe ASTM F1216 Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin-Impregnated Tube ASTM F1743 Rehabilitation of Existing Pipelines and Conduits by Pulled-in-Place Installation of Cured-in-Place Thermosetting Resin Pipe(CIPP) D. Qualification Requirements Products and Installers seeking approval must meet all of the following criteria to be deemed Commercially Acceptable. For a Product to be considered Commercially Proven, a minimum of 100,000 linear feet or 4.000 manhole-to-manhole line sections of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of the District to assure commercial viability For an Installer to be considered as Commercially Proven, the Installer must satisfy all insurance, financial, and bonding requirements of the District, and must have had at least three years of active experience in the commercial installation of the product bid. In addition, the Installer must have successfully installed at least 50,000 feet of the product hid in wastewater collection systems. Acceptable documentation of these minimum installations must be submitted to the District. Sewer rehabilitation products submitted for approval must provide Third Party Test Results supporting the long term performance and structural strength of the product and such data shall he satisfactory to the District. Test samples shall be prepared so as to simulate installation methods and trauma of the product. No product will be approved without independent third party testing verification. Roth the rehabilitation manufacturing and installation processes shall operate under a quality management system which is third-party certified to ISO 9000 or other internationally recognized organization standards. Proof of certification shall be required for approval. Documentation for products and installers seeking pre approved status must be submitted no less than 2 weeks prior to proposal due date to allow time for adequate consideration. The District Engineer will advise of acceptance or rejection a minimum of three days prior to the due date. All required submittals must be satisfactory to the District Engineer CMSD Project No. 185 Special Provisions—2 of 9 E. Contractor Submittals After Contract Award: Submit the following submittals to the District for approval prior to performing the work. a. CIPP pipe thickness calculations. b. Flexural Modulus of Elasticity test data, Flexural Strength testing and chemical resistance testing(3rd party). c. Long term creep testing(3rd party). d. Field samples of past performance testing from 5 prior installations using the same CIPP Liner proposed herein (3rd party). The test results submitted shall verify that the physical properties specified have been achieved in prior field applications as tested per ASTM D790 e. Subcontractors/Contractors license or certification by the manufacturer/Owner of the process or materials. Manufacturer letter summarizing trcenbook review team inspection. f. Installation procedures for CIPP lining of the sewer g. Sewage bypass plan. It Procedures and equipment for television inspection. Procedures and equipment for cleaning, grinding and removal of solids, protrusions or other materials. Procedures and equipment for sewer flushing and pumping of excess water and debris from host pipe. k. Procedures, equipment and materials for patching and sealing of host pipe, if necessary for CIPP Liner Procedures, materials and equipment for repair or replacement of liner if the CIPP fails to meet the field test. F Removal and Restoration of Existing Improvements and Landscaping Existing improvements, removed or damaged, shall be replaced, repaired or reconstructed in accordance with the applicable provisions of these specifications and permits from other agencies. G. Cleaning and Preliminary Inspection Pipeline cleaning shall be performed prior to CCTV inspection and rehabilitation, in accordance with SSPWC 500-1 I 4. 2. The Contractor shall be responsible to perform cleaning of the existing pipes to the satisfaction of the District prior to installing lines. The Contractor is directed to available video tapes for condition of existing sewer CMSD Project No. 185 Special Provisions—3 of 9 H. Television Inspection Closed circuit television (CCTV) inspection will be required prior to rehabilitation to document the condition of the host pipeline. and to verify that it was cleaned, in accordance with SSPWC 500-I 1 S 2. Pre-lining CCTV inspection shall be performed utilizing a rotating lens video camera system. 3 The pre-lining video inspection and recording performed with this camera shall stop at each lateral and the head rotated to look up the lateral to identify if the lateral is active, plugged. or has roots that could interfere with the complete lateral reinstatement. 4 Post-lining video shall be video inspected with a rotating head camera. This camera shall stop at each lateral and the head rotated to look up the lateral to verify that resin has not run up the lateral and left Cl PP resin slugs or combined with the roots to plug the lateral. The operator shall focus on the lateral cut and pan 360" around the finished lateral cut showing the lateral and the cut edge of the, liner to verify that there arc: (I ) No burs or curlicues on the liner (2.) A smooth flush cut on the bottom of the lateral. (3 ) No visible gap between the liner waterway wall and the host pipe. The pre-lining and post-lining video will be performed while the upstream lines are plugged or bypassed. The line shall be dry except for flow from the laterals in the section of line being televised. 6 To minimize downtime at least one spare color CCTV camera shall be on the TV truck. A spare video monitor and video tape recorder shall be mounted and connected inside the TV truck. Warranty I Provide a warranty to be in force and effect for a period of 5 years from the date of final acceptance. The warranty shall cause the Contractor to repair or replace the liner should failure result from faulty materials or installation. 3. 2. MATERIALS A. Cured-In-Place Pipe Liner General a. The intent of the work under this section involves the trenchless rehabilitation of existing sewer pipelines. ThiS seamless,jointless, solid wall lining shall rebuild strength and substantially reduce possible infiltration, ex filtration, or root intrusion by providing a tight molded fit to the inside wall of the host pipe. The liner materials shall mold into the joints and over offsets to lock the liner into place and resist tracking of roots and water that could cause infiltration or exfiltration. The liner materials shall be chemical resistant to protect the host pipe against future deterioration of the pipeline and or joint materials due to the sewer environment. The wall of the interior pipe surface of CI PP shall be a light reflective color so that a clear detailed examination with CCTV equipment can be made. CMSD Project No. 185 Special Provisions—4 of 9 b. SEWER REHABILITATION SHALL CONFORM TO SECTION 500 OF THE LATEST EDITION OF APWA STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 'GREENBOOK AND ITS SUPPLEMEN"1 S EXCEPT AS MODIFIED HEREIN. c. The Contractor shall select one of the following CIPP solid wall, seamless, jointless, tight molded fitting liner systems listed below for the rehabilitation of existing sewer I) Cured-in-Place Pipe Liner (CIPP Liner). Shall comply with Subsection 500-1-4 Type A of the Standard Specifications for Public Works Construction (inversion process in compliance with ASTM F 1216). 2) Cured-in-Place Pipe Liner (CIPP Liner). Shall comply with Subsection 500-1-4 Type 'B' of the Standard Specifications for Public Works Construction (pull-in-process in compliance with ASTM F 1743 Ibr installation using heated-water cure). CIPP Liner shall be 9nsituform as manufactured by Insituform Technologies, Inc. Sancon CIPP or approved equal. d. The CIPP linear shall use an approved epoxy or epoxy-vinyl ester-resin- impregnated flexible fabric tuhe. The tube is installed by an inversion method using a hydrostatic head or by pulling it through an existing pipe and inflating by inverting a membrane using a hydrostatic head c. The Contractor shall field verify the pipe diameter at the existing manholes and lengths prior to ordering liner materials. The Contractor shall notify the District of any discrepancies between information obtained in the field and existing plans. E Installation of the sewer lining shall he performed by a Contractor/Subcontractor licensed or certified by the manufacturer/owner of the process or materials. Manufacturing of the sewer lining materials shall be performed only at manufacturing plants inspected and evaluated by the treenbook review team. A letter from the manufacturer shall be submitted stating the location of the plants that have been inspected and date of the inspection. 2. Minimum pipe liner wall thickness: The thickness of the CIPP shall be determined per ASTM P 1216-98, Appendix XI with the assumption that the existing sewer pipe is fully deteriorated. The minimum finished liner waterway thickness shall he determined (based on the minimum physical properties per Table 1 of ASTM F 1216-98 CIPP initial structural properties). The structural design calculations shall be signed by a California Registered Civil Engineer and shall show all the assumptions made based on the project plans and the site conditions. The safety factor for external loads shall be 2. The ovality shall be 2% If the pipe liner process requires a thicker DR for the site, or existing pipeline condition designed with a 2 to I safety factor the Contractor shall provide the thicker pipe required. CIPP designs shall use sufficient extra resin to compensate for resin migration/seal factor to fill joints, cracked or deteriorated pipelines unless a higher A is required by the CMSD Project No. 185 Special Provisions—5 of 9 manufacturer or host pipe condition to maintain the minimum wall thickness required for the project. 3 All curing water shall be discharged to a sanitary sewer The curing water must be cooled and tested to verify meeting the District s standards before releasing the flow All costs for testing shall he included in the Contractor's bid. 4 The side of the liner exposed to the sewer flow after inversion is completed shall have a layer of polyurethane/elastomeric coating bonded to it, with a minimum thickness of 0.01-inch and shall be pinhole free. All seams and patches in the polyurethane/elastomeric coating shall be inspected under a black light or thermal imaging device to assure a good bond. 5 The factory test results for each size of liner to be installed shall he submitted to the District before installation. 6. The felt tube shall be continuous and of sufficient length to extend the entire reach (from entry to end or exit point) to be rehabilitated. No joints or laps will he permitted in the finished pipe between manholes. 7 The factory test results for each batch of resin shall be submitted to the District before each installation. 8. The Contractor shall supply an infrared spectrum analysis test kit for each inversion or recommend an alternative method of testing the actual resin with what was proposed. A sample shall be taken from tht excess resin being used at the site at the time of each installation. These samples shall be marked and submitted to the District. The samples shall be submitted to an independent laboratory to verify that the resin is a vinyl ester of the type that has passed the GREENBOOK chemical resistance test The Contractor shall pay for this testing and the price shall he included in the Contractor's bid. 9 The physical properties of the installed CIPP liner shall be verified through field sampling and laboratory testing as approved by the District. The samples shall be submitted to an independent or factory testing laboratory and tested in accordance with ASTM F1216, paragraph B, Inspection Practices and ASTM D5813, paragraph B, Test Methods, applicable to gravity pipe. All costs for testing shall be paid for by the Contractor and included in the bid price. Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non-compliant pipe liner in accordance with section 500-1 4.8 of the SSPWC. The District will not grant a time extension for this repair 10. The CIPP liner system furnished shall include an epoxy or epoxy vinyl ester resin and shall conform to the chemical resistance test requirement of 210-2.3 11 A sample of the Infra-Red Spectrograph fingerprint for this resin shall be submitted to the District with the submittal package. CMSD Project No. 185 Special Provisions—6 of 9 3.3. EXECUTION A. Workmanship Workmanship shall be of the highest level compatible with current commercial practice. The liner shall he homogeneous throughout and free of visible cracks, holes, foreign inclusions, or other injurious defects. It shall be uniform in color opacity density and other physical properties. 2. The manufacturer shall have adequate equipment and quality control facilities to consistently provide a finished product that will have the properties indicated herein. B. Handling and Installation Pipe shall he stored on clean level ground to prevent undue scratching or gouging. Sections of pipe with deep cuts or gouges shall be removed and the ends of the pipe rejoined. The joined pipe shall be handled in such a manner so that the pipe is not damaged or dragged over sharp or cutting objects. 2. The Contractor shall provide sufficient field supervision by the liner manufacturer's representative. The manufacturer's representative shall be present as required during joining and installing of the liner 3 The Contractor shall designate a location where the uncured resin in the original containers and the unimpregnated felt tube liner shall be vacuum impregnated prior to installation. The Contractor shall allow the District to inspect all materials and procedures. 4 Bypass pumps sized to adequately handle the flow and hoses shall be set up for every run. The bypass shall be set up and run prior to the pre-lining CCTV video and continued throughout the entire lining process, lateral cutting. and not shut down until after the post- lining CCTV video is completed. C. Line Obstructions The Contractor shall clean the line of obstructions such as solids and roots that will prevent the insertion of CIPP Obstructions that cannot be removed by a routine cleaning shall be removed from within the pipe by means of a mechanized remote control tool. The obstruction shall be removed such that no more than 0.5 inches protrudes into the pipe. If pre-installation inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that will prevent the installation process, that was not evident on the pre-bid video and it cannot be removed by conventional equipment,then the Contractor shall make a point repair excavation to uncover and remove or repair the obstruction. Such excavation shall be approved in writing by the Owner's representative prior to the commencement of the work and shall be considered as a separate pay item. D. Service Connections The Contractor shall be responsible for locating all services connections and cleanouts. 2. The Contractor shall make every effort to maintain service usage throughout the duration of the project. In the event that a service will he out or service, the maximum amount of CMSD Project No. 185 Special Provisions—7 of 9 time of no service shall be 8 hours, for any property served by the sewer A public notification program shall he implemented, and shall as a minimum, require the Contractor to he responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted, and when the sewer will be off-line. 3 The Contractor shall assume that there are no protruding laterals unless it is noted in the TV log sheets, or videotapes made available to the Contractor before the bid opening. Prior to insertion of the liner the Contractor shall cut-off interfering identified protruding laterals as close to flush with the pipe interior as practicable. 4 The Contractor shall pay for all costs for required point repairs or excavation made for the service connections, which are found plugged by the rehabilitation process. 5 To prevent maintenance problems such as roots, infiltration, exfiltration, or loss of backfill material into the newly lined pipe all plugged service connections identified in the pre-lining videotape shall not be opened unless specifically directed by the District. 6. The service opening shall be reinstated from a minimum of 90 percent to a maximum of 105 percent of the original service connection. 7 The lateral opening cuts shall conform to the shape and size of the inside diameter of the existing service connection. 8. Service connections shall not be made until the liner pipe has stabilized. The use of mechanical restraining devices (such as red heads) that will restrict the pipe from completely stabilizing will not he allowed. 9 All final lateral cuts shall be finished off with a wire brush to remove all chips. strings, and curlicues to provide a smooth opening. 10. Any visible gaps 1/8 of an inch or larger between the outside liner waterway and the host pipe at the cut service connection will be sealed at the Contractor s expense with an epoxy grout that will bond to both the liner material and the host pipe. 11 If the end of the liner pipe in the manhole shrinks hack inside the pipe during the warranty period the pipeline shall be re-televised by the Contractor Any service laterals connections that have slipped or are offset shall be repaired by the use of a mechanical saddle, or epoxy that will bond to the liner and the host pipe as approved by the District No extra compensation shall he paid for this. E CIPP Installation The CIPP shall be installed in accordance with ASTM F1216 or ASTM F 1743, SSPWC 500-I 4.5 and the Contractor s recommendations as approved by the District. 2. The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage, stretching during installation and loss of resin through cracks and irregularities in the host pipe. The calculations for the quantity of resin required shall be submitted and approved by the District prior to wetting out the liner A roller system shall be used to uniformly distribute the resin throughout the tube. The gap in the rollers shall be verified every 50 feet. CMSD Project No. 185 Special Provisions—8 of 9 l The Contractor shall use either an end-stop or holdback mechanism or other approved means to prevent the felt tube from extending into conduits, which are not to be rehabilitated. 4 The CIPP shall be cured according to SSPWC 500-1 4 6. 5 The heat source shall be fitted with monitors to gauge the temperature of the incoming and outgoing water or steam supply Another such gauge shall be placed between the impregnated liner and the existing pipe invert at the remote maintenance hole to determine the temperature during cure. 6. The time required to cure is a function of the pipeline section diameter and length and shall be determined by the Contractor in accordance with the CIPP resin manufacturer's instructions. 1 he Contractor shall be responsible for determining when curing has been accomplished to meet the specified properties. Care shall be taken during the elevated curing temperatures so as not to over stress the fiber felt liner 7 The cured liner shall have a smooth finish inside. Any roughness over S% of the ID not to exceed 1/2 inch that may affect the hydraulic conditions shall be removed by sanding or trimming the 'fins' or folds. 8. After installation the ends of the liner shall be cut off in the manhole. The cuts shall be smooth and parallel with the manhole wall. The finished liner shall not protrude into the manhole over 2 inches. Due to the anticipated high groundwater elevation. end seals consisting of hydrophilic rubberized seals with epoxy top cover shall be installed at the upstream and downstream ends of each reach. 9 If the manhole has been lined through, the top half of the liner pipe may be cut of leaving the channel lined. F Warranty Period Inspection During the II°i month after final acceptance the Contractor shall schedule a meeting and inspection of the work. The Contractor shall perform a CCTV inspection in conformance with this section. Any defects found during the inspections shall be repaired and/or replaced at the Contractor s expense. in a manner approved by the Owner For this work. the Contractor will not be required to install a temporary bypass system. The District will coordinate with SOCWA to temporarily take the Outfall out of service to perform the CCTV inspection. The 1I"' month inspection does not relieve the Contactor of the warranty requirements specified in Part I Section 1-1; the 5-year warranty period shall remain in effect. C. WARRANTY AND SHOP DRAWINGS The Contractor shall guarantee all materials to be new and all materials and workmanship to be free from defects for a period of one year from the date of written acceptance of the completed work by the Board of Directors of the Costa Mesa Sanitary District. The Contractor shall provide three (3) copies of shop drawings including catalog data, installation instructions, and certificates of compliance prior to purchasing or installing any materials. CMSD Project No. 185 Special Provisions—9 of 9 CITY OF COSTA MESA REQUIREMENTS and CONDITIONS of PERMIT NO- GENERAL 1 THIS PER•'RT WITH APPROVED PLANS MUST BE ON THE JOB SITE AND AVAILABLE TO CITY REPRESENTATIVES AT ALL TIMES. You are guided tlyltunicipal Code Sections 1 33, 15-25. 15-27 1. 15-39 and 15-48. 2. Permittee shall perform all work in accordance with the Standard Specifications for Public Works Construction (latest edition); City of Costa Mesa Standard trawings;special agency provisions;and all applicable laws and ordinances. 3. No wort *11 be allowed from Thanksgiving Day to the day after New Year's Day unless authonzed by the Public Services Department. Special authontaten received ❑Yes. By: 4 Througtsod all phases of construction the Permittee shall keep the work site clean and free of rubbish, debris, and dust and shall maintain drainage. and take al precautions to prevent erosion and prevent any soil and debris from the work site from entering the public storm drain system. 5. Existing piblic improvements damaged by the Permittee shall be replace as directed by the City Engineer at the Pernittee's sole expense. 6. Permittee understands and agrees to the hold-harmless agreement required by CMMC Section 15-27 7 Contractormust notify the following Utility Companies 2 working days before starling work' Costa Mesa Sanitary Distnct (949) 631-1731 Mesa Consolidated Water District(949)631-1200.Irvine Ranch Water District(949)453-5300. and Underground Service Alert Toll Free (800) 422-4133; After Hou¢&Holidays(714)739-3031;(213)621-3111 8. Other___ ❑ !certify don in the performance of work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the workers compensation laws of Californi If, after signing the certificate, I hire any employee, I acknowledge that I become subject to the worker's compensation provisions of the California Labor Code and I must comply with the provisions of Section 3700 and 3800 or my permit shall be deemed revoked. INSPECTION 9. Pemittee shall contact the City Inspector's office (714) 754-5025 at least 1 working day prior to commencing any work Failure to obtain proper inspections prior to commencement of work may be cause for its rejection. 10. City will provide inspection between 7:30 a.m.and 3:00 p m. Monday through Friday(except on City observed holidays). 11. Permittee shall pre-pay for estimated overtime inspection costs including inspection after 3:00 pm. and on weekends and holidays. Overtime Inspection cost is per the approved hourly rate. TRAFFIC CONTROL 12. Permittee shall provide traffic control in conformance with the Work Area Traffic Control Handbook(W.A T C H.)(latest edition). The Permittee shall fun sh anchor install all signs,lights,barricades,traffic control or warning devices,flagmen,and flashing arrow boards. The permittee shall obtain prior approval of the Transportation Services Division for all street closures,detours,turn restrictions,parking prohibitions,and methods of accommodating traffic. The permittee shall notify Emergency.Fire,and Police services,and residents or businesses 2 working days in advance of any access imitation a traffic restrictions. • Permittee shall submit traffic control plans for review and approval by the City of Costa Mesa Transportation Services Division prior to construction. ❑ Permittee nay close a maximum of_. lane(s)if necessary to perform work within the public right-of-way during the hours of 8:30 a.m. 3:30 p.m. Monday through Friday(except City observed holidays)as long as traffic can be maintained in each direction with flagmen unless otherwise approved by the Transportation Services Division. ❑ Permittee shall replace all traffic striping,markings,and raised pavement markers in kind within 2 days after slurry seal coating or overlay. Temporary striping and markings are required prior to opening the roadway to traffic. ❑ The Contractor shall erect a company name sign within the project area which states the Contractor's name,the project name,and the telephone number which the public may use to obtain information relative to the project or to make any complaints. The Contractor shall submit sketch of sign to Public Services Deparlment for approval prior to erecting sign. EXCAVATION AND TRENCHES 13. Trenches exceeding 5 feet in depth require a permit from the Division of Industrial Safety State of California. 14. Open excavations must be backfilled or plated with spikes and A.C.tacked around edges during non-working hours. 15. Steel plates shall conform to Caltrans specifications. Steel trench plates without weld bends will not be allowed. 16. All trenches shall be permanently paved within 10 days of completion of work below subgrade. 17 Permittee shall pay for all S.E. compaction,and materials tests deemed necessary by the City 18. Bore under all streets,curbs and gutters,sidewalks,cross-gutters,and dnveway approaches. Tunneling is not allowed. 19. Permittee shall allow concrete slurry backfill to cure for a minimum of 3 days,or use a 24 hour cure concrete slurry. ❑ Trench compaction and resurfacing shall conform to City of Costa Mesa Standard Drawing No.513. ❑ Trench compaction and resurfacing shall conform to City of Costa Mesa Standard Drawing No.813 with the following modifications: ASPHALT PAVEMENT The City enforces a moratorium against open cut of roadways. Open cut of any roadway paved, overlaid,or slurry sealed within the last 5 years shall be subject to exlen ve restoration requirements as follows. ❑ Permittee shall apply type II slurry seal coating per attached Slurry Seal Resurfacing Requirements. ❑ Permittee shall cold mill the existing roadway surface and place a minimum of 2"asphalt concrete(AC)overlay with 2%RLA per attached Mill and Overlay Resurfacing Requirements. CONCERETE 20. Prior to placing Portland Cement Concrete(PCC)or A C the subgrade compaction shall be inspected and approved for the following: native soil ❑imported soil ❑ 21 Curb and gutter shall not be removed on the day pnor to a weekend or a City observed holiday. 22. Areas left open by curb and gutter removal shall be filled in flush with the adjacent pavement on the same day that removal occurs. 23. Permittee shall remove and reconstruct PCC pavement per City of Costa Mesa Standard Drawing Nos.811 and 512. 24 Sidewalk shall be constructed per City of Costa Mesa Standard Drawing Nos.411 412,413 and/or 414. 25. Do away approach shall be constructed per Title 24 and ADA Requirements,and City of Costa Mesa Standard Drawing Nos 313,513,514 and/or 515 ❑ No traffic allowed on concrete for minimum of 7 days for curing. See traffic control requirements and conditions above. Applicant hereby acknowledges that he/she has read and nderstands said requirements and conditions and that he/she agrees to abide by them. OWNERS OR AUTHORIZED AGEN S SIUNA7 uHE DATE Rev seo 1211108 r 1 SAWCUT FULL EXTENDED REMOVAL DEPTH (SEE NOTE 2) REPLACEMENT PAVEMENT 8" (200 MM) A.0 OR P C.C. MINIMUM A.C. NNL\l'M '�//A EXISTING (251MM 041 PAVEMENT ` ) � , Ills (A) (8} UNDER 24 12" (300 MM) 24 AND OVER 18" (450 MM) BACKFILL ZONE SEE NOTES 4 & 5 MIN36 .(900 MM) 12" MIN.(300 MM) WARNING TAPE _ (OPTIONAL) I PIPE ZONE SEE NOTE 3 ` D 8" MAX. (200 MM) V 4 6" MIN. 'i (150 MM) j •SInvnyrivyn UNDISTURBED SUBGRADE N T.S NOTES. I SEE SHEET 2 OF 2 r CITY OF COSTA MESA TRENCH DETAIL 1_� PUBLIC SERVICES DEPARTMENT C STD DWG, NO ®APPROVED BY /�r/s10Z p1 3 OMCSTO MONO Cm' ENONEER �Ll� irony: PNECTOrt Of MARX iCAViCCb U s FILE NAME. STD-813.DWG REVISED: SHT 1 OF 2 I _ p 1 NOTES 1 AL OPEN TRENCH AND EXCAVATION OPERATIONS SHALL CONFORM TO SECTION 306 OF THE CURRENT EDITION OF THE "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION' (GREENBOOK). 2. AL SAWCUTS SHALL BE A STRAIGHT CLEAN LINE. IF THE TRENCH SAWCUT LINE FALLS WITHIN 36 INCHES OF AN EDGE a CONCRETE, CURB FACE. JOINT LANE LINE, OR ANOTHER SAW CUT UNE, THE EXISTING ASPHALT CONCRETE PAVEMENT BEWEEN THE TRENCH TO THE EDGE OF CONCRETE, CURB FACE, JOINT LANE LINE, OR OTHER SAWCUT LINE SHALL BE R:MOVED AND REPLACED. 3. BICKFILL OF THE PIPE ZONE' SHALL BE IN ACCORDANCE WITH THE GUIDELINES OF THE UTILITY C.M.B. SHALL BE FEOUIRED IF NO OTHER MATERIAL IS SPECIFIED BY THE UTILITY NO NATIVE MATERIAL SHALL BE ALLOWED. 4. C.M.B. SHALL BE UTILIZIED FOR MATERIAL IN THE 'BACKFILL ZONE" FOR ALL TRENCHES GREATER THAN 12 INCHES IN 551)114. NO NATIVE MATERIAL SHALL BE ALLOWED. THE C.M.B. IS TO BE COMPACTED TO 90% MAXIMUM DENSITY TO A POINT 24 INCHES BELOW THE ROADWAY SURFACE. WITHIN THE REMAINING 24 INCHES OF THE ROADWAY SURFACE, THE C.M.B. SHALL BE COMPACTED 95% MAXIMUM DENSITY 5. SLURRY (CLASS 100-E-100) WILL BE ALLOWED IN THE "BACKFILL ZONE' ONLY IF THE TRENCH IS EQUAL TO OR LESS THAN 12 INCHES IN WIDTH. A 6 INCH THICK LAYER OF C.M.B. COMPACTED TO 95% MAXIMUM DENSITY SHALL BE REQUIRED ABOVE THE SLURRY AND BELOW THE ASPHALT CONCRETE PAVEMENT SECTION. 6. THE SURFACE COURSE OF THE ASPHALT CONCRETE PAVEMENT (A MINIMUM OF 2 INCHES) SHALL BE 1/2 INCH MATERIAL, MD THE BASE COURSE OF THE ASPHALT CONCRETE PAVEMENT SHALL BE 3/4 INCH MATERIAL. IF THE EXISTING PAVEMENT SECTION CONTAINS A.R.H.M. THE REPLACEMENT SECTION SHALL INCLUDE A.R.H.M. THE MINIMUM THICKNESS OF THE ASPHALT CONCRETE REPLACEMENT SECTION SHALL BE 8 INCHES. 7 IF CEMENT TREATED MATERIAL IS ENCOUNTERED, THE PROPOSED ROADWAY STRUCTURAL SECTION IS TO BE APPROVED BY THE CITY ENGINEER. 8. WORK ON STREETS DESIGNATED ON THE CITY'S MORATORIUM LIST SHALL REQUIRE ADDITIONAL PAVEMENT RESURFACING AS OUTLINED IN THE MORATORIUM REQUIREMENTS, WHICH MAY CONSIST OF SLURRY SEAL, MILL AND OVERLAY OR RECONSTRUCTION. 9. MATERIALS TESTING PER GREENBOOK SUBSECTION 306-1.3 AND 306-1.5. 10. NO TUNNELING UNDER CURBS AND CUTTERS, SPANDRELS, CROSS-GUTTERS, OR SIDEWALKS WILL BE ALLOWED. 11 CONTACT SURFACES OF EXISTING PAVEMENT AND CONCRETE SURFACES SHALL BE GIVEN A TACK COAT BEFORE PLACING PERMANENT ASPHALT CONCRETE PAVEMENT ALL JOIN LIMITS BETWEEN THE NEW PAVEMENT AND THE EXISTING PAVEMENT SHALL BE SEALED WITH TACK COAT. 12. ALL TRAFFIC CONTROL AND LANE CLOSURES SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE "WORK AREA TRAFFIC CONTROL HANDBOOK' (WAT C.H.). 13. ALL TRAFFIC STRIPING, LOOPS, MARKINGS, AND PAVEMENT MARKERS DAMAGED BY THE CONTRACTOR DURING CONSTRUCTION SHALL BE REPLACED TO THE SATISFACTION OF THE CITY AND CONFORM TO CITY STANDARDS WITNIN 48 HOURS OF RESURFACING. CITY OF COSTA MESA TRENCH DETAIL SERVICES DEPARTMENT STD. OWC, NO APPROVED BY A i A// OZ ERNESTO MuNOZ CRY ENUNEER R UAM MORRIS •DIRECTOR OE PV;. !DACES 813 • E ' FILE NAME. STD-813.DWC REVISED: SHT 2 OF 2 — -- - Aihembro-Fd y-a=1270 `: 2�rcr !rude-ond_cover per-Stri. bwg N2 S -I05 1,4 es., e i c.......4 `-°,E *=� Grade rings Igccent .c cone f _ 48 19 6 6I C C L � E 1 � � — E w SECTION A-A SECTION B-8 Z a 301AIf5 AT BOTN INLETS AIJOCUfI£f5 FOR r" B NOTES V.C.P. COUST. --y I Manholes shall be precast concrete as manufactured I by Associated Concrete Products, Inc. or approved 111 eq ua l A 2. Concrete base and stub walls shall be poured in one il Irr )In i operation to an elevation 2" above top of pipe. slope slope 3 Concrete shall be Class CO 5 C-3250 4. Depth of the channel shall equal pipe diameter for all sizes of pipe. ill III 5. The floor of manholes shall be steel troweled, 6 Steps shall be polypropylene w/a I/2 diameter steel core B meeting ASTM A 82, ASTM C 47$, ASTM type It grade 43758 16' 0.C. SECTION C-C 7 Manhole bases must be poured against undisturbed soil 8. Steps for manhole shall be placed upstream 9 Mortar for joints shall be per Costa Mesa Sanitary District Std Drag No. 5-103. p \/icrp i/al/c5n COSTA MESA SANITARY DISTRICT JAPPrOVed Date GIB 82 Standard 48" I D Manhole District Engineer -R.C.E. 3)120 141 i. Drawing N2 S - I0O S" field mortar , 1.3 mix (plastic cement) : or sealant e TYPICAL - JOINT DETAIL k 4 311 -IUSIDE MAMHDLE----7 4" field mortar, 1.3 mix (plastic cement) manhole base MORTAR SEAL AT MANHOLE BASE REVISED 1D 23 85 Dote• a-18.82 COSTA MESA SANITARY DISTRICT Approved Joint Detail District Engineer -R-C.E. 31120 Drawing Ne. S - 103 STREET SURFACE hiit {IFrEi c 6" pvc. sewer lateral `I E min. slope 1/411 to I'-0" al Std 45° bend a ir Variable size Sewer main ELEVATION c o E N C_ A ti. V d 0 ' a 90- unless noted otherwise on plans Alternate 'Tee' branch 6" f''c sewer 110=a111.1101111=11 Sta. Sta. Std. 45° bend Const of Std. 'Wye' branch wye only PLAM NOTES 1 TEE BRAAIGH USED ONLY WITH PRIOR APPRDYAL FROM DISTRILT ENGINEER e TzvIs I/21/es COSTA MESA SANITARY DISTRICT Approved le., p, Q/�,� I8-8Z / I I - 'trict Engineer -R.C ,E^.'31720 Lateral Connection Type A wing No S -104 -A ___— r„ - — v BACKFILL — X 0 D 12" BEDDING B — 1 TRENCH SHEETING OR SHORING PER TITLE 8 CALIFORNIA ADMINISTRATIVE EWER LINE a CODE e BEDDING A — eP 4 44 6" MIN 6 G e ii a a BARREL OF PIPE BELL OF PIPE NOTES 1 Bedding A shall be composed of 3/4 crushed gravel 2 Backfill and Bedding B shall be as required by the local agency standards Backfill w/slurry whenever possible 3 'X' shall be between 6 and 8 inches and shall include the thickness of any shoring 4 All trenching and bedding operations shall be done in conformance with the latest edition of the Standard Specifications for Public Works Construction 5 Structural section of pavement shall be replaced as required by the local agency 6 Applicable agency standards are City of Costa Mesa Std No 813 City of Newport Beach Std 106-L; County of Orange EMA Std Plan 1319 REVISED 8/11/88 .;COSTA MESA SANITARY DISTRICT D . s u- Approateved TRENCHING AND BEDDING n ne E.DrawigN S- II2 0 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 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. 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 provide and furnish all the labor materials, necessary tools, expendable equipment, and all utility and transportation services required to construct: SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I 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 SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I 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 SEVENTY FIVE (75)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 001100 Dollars ($250.001 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 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 Engineer's 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 Specifications for the Construction of Sanitary Sewers and the SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I. 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 per diem 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 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 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. 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 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 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 furnished 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, 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. 28. 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 Labor 20% Materials 15% Equipment Rental 15% Other Items 15% Subcontracted work 10% (first $5000) Subcontracted work 5% (work in excess of first $5000) Specialty Subcontracting (required by extra work) 5% (Provided at least three competitive bids are obtained and contractor selected the lowest bidder) Excluded 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. CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this paragraph. CONTRACTOR's Initials 29. Other Documents Included. It is further agreed by the parties hereto that the 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 edition E. Costa Mesa Sanitary District Standard Plans and Specifications for the Construction of Sanitary Sewers F Construction Plans and Specifications for Rehabilitation of Six Sewers Transferred to CMSD G. Standard Drawings (Costa Mesa Sanitary District Drawings and City of Costa Mesa Drawings) H. Soils Report 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 The documents listed in this Paragraph, including this Contract, shall be known and referred 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 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 Of any) using ISO form CG 20 10 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 any way 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 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 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. 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. 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 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 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 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. 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 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 for a 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 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 185 for the work described as follows: SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I. 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.00j, 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. 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 SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I, 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/ 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#185 for the work described as follows. SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I 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 SYSTEM WIDE SEWER RECONSTRUCTION- PHASE I, 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/ o�` W �@ CITY OF NEWPORT BEACH - \ A ; 1 ` I. PUBLIC WORKS DEPARTMENT 1.- 3300 NEWPORT BOULEVARD ki P O BOX 1768 NEWPORT BEACH, CA 92659-1768 0,, ./roar`P (949) 644-3311 TO. Robin Hamers, P.E. COSTA MESA SANITARY DISTRICT FROM: David Keely P.E. FJ '� PUBLIC WORKS DEPARTMENT DATE. April 12, 2011 SUBJECT CMSD Project#185 System Wide Sewer Reconstruction — Phase I The following are conditions for the Costa Mesa Sanitary District System Wide Sewer Reconstruction Project#129, plan set date (March 2011): • Applicant shall obtain a Temporary Street and Sidewalk Closure Permit from the City of Newport Beach Public Works Department prior to start of work. Street closures on major arterials or other roadways deemed appropriate by the City Traffic Engineer will require traffic control plans prepared signed and stamped by a registered Traffic Engineer All other roadway closures shall be per the latest edition of the Work Area Traffic Control Handbook (WATCH). • Based on the above mentioned plans, all sewer reconstruction work within the City of Newport Beach will be via Cured-in Place Pipe (CIPP) method. No physical construction work is required within the City of Newport Beach public right of way If physical construction work is required then the applicant shall obtain and Encroachment Permit from the City of Newport Beach prior to start of construction. • All City of Newport Beach Temporary Street Closure Permit and, if necessary Encroachment Permit fees shall be paid by the applicant at the time of permit issuance. • Work hours within the City of Newport Beach shall be approved by the Public Works Director Roadways shall be opened to normal operating conditions during non- construction hours. • Applicant shall provided a project schedule to the City of Newport Beach at the time of permit application submittal. Applicant shall notify affect residents/businesses at least 1—week hours in advance of work. No equipment and/or material shall be stored/parked within the public right-of-way without prior approval from the City of Newport Beach Public Works Department. f\users\pbwAdkeely\dkeely1encroachment permit\crosd system wide sewer reconstruction project 185\robin hamers 4-1 24 memo doc